File No. 2066 Board Order No. 2066-2 ____________________
May 31, 2019
SURFACE RIGHTS BOARD IN THE MATTER OF THE PETROLEUM AND NATURAL GAS ACT R.S.B.C., C. 361 AS AMENDED
AND IN THE MATTER OF THE SOUTH EAST ¼ OF SECTION 31 TOWNSHIP 79 RANGE 17 WEST OF THE 6 TH MERIDIAN PEACE RIVER DISTRICT (The “Lands”)
BETWEEN: Encana Corporation (APPLICANT) AND: Olaf Anton Jorgensen (RESPONDENT)
BOARD ORDER
ENCANA CORPORATION v. JORGENSEN ORDER 2066-2 Page 2
Encana Corporation (“Encana”) seeks a right of order to access certain lands legally owned by Olaf Anton Jorgensen to carry out an approved oil and gas activity, namely the construction, operation and maintenance of flowlines and associated infrastructure.
On May 15, 2019 I convened a telephone mediation to discuss the issues of access and compensation, and the contents of a draft right of entry order produced by Encana on April 10, 2019. Encana amended the draft, increasing the amount of partial compensation.
Mr. Jorgensen raised the issue of the Board’s jurisdiction, and in Board Order 2066-1, the Board found it has the jurisdiction to deal with this application.
Under the provisions of the Petroleum and Natural Gas Act, the Board may grant a right of entry order to privately owned land if it is satisfied that an order authorizing entry is required for an oil and gas activity. The Board is satisfied that Encana requires entry to the Lands for an approved oil and gas activity, namely completing the project authorized by the Oil and Gas Commission.
ORDER: 1. Upon payment of the amounts set out in paragraphs 3 and 4, Encana Corporation shall have the Right of Entry to and access across the portions of lands legally described as:
THE SOUTH EAST ¼ OF SECTION 31 TOWNSHIP 79 RANGE 17 WEST OF THE 6 TH MERIDIAN PEACE RIVER DISTRICT as shown on the individual ownership plan attached as Appendix “A” (the “Lands”) to carry out an approved oil and gas activity, namely the construction, operation, and maintenance of multiple flow lines and associated works in accordance with Oil and Gas Commission.
2. Encana Corporation’s right of entry shall be subject to the terms and conditions attached as Appendix “B” to this right of entry Order.
3. Encana Corporation shall deliver to the Surface Rights Board security in the amount of $2,500.00 by cheque made payable to the Minister of Finance. All or part of the security deposit may be returned to Encana Corporation, or paid to the landowner, upon agreement of the parties or as ordered by the Board.
4. Encana Corporation shall pay to the landowner as partial payment for compensation the amount of $2,100.00 representing the first year’s initial payment and prepaid damages.
ENCANA CORPORATION v. JORGENSEN ORDER 2066-2 Page 3
5. Nothing in this Order operates as a consent, permission, approval, or authorization of a matter within the jurisdiction of the Oil and Gas Commission.
Dated: May 31, 2019 For the Board
Rob Fraser Mediator
ENCANA CORPORATION v. JORGENSEN ORDER 2066-2 Page 4 Appendix “A”
ENCANA CORPORATION v. JORGENSEN ORDER 2066-2 Page 5 Appendix “B”
Conditions for Right of Entry 1. Encana Corporation must notify the landowner forty-eight (48) hours prior to entry onto the said lands.