Step Four - Disposition Management

Disposition Management Post-Issuance

There are a number of actions that may be taken after a disposition has been approved.

Site Entry Post-Issuance

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1. Site Entry

Notification of Site Entry must be provided to Environment and Parks (AEP) (the Department) or the Alberta Energy Regulator (AER) (the Agency) by the disposition holder. The disposition holder has until the disposition expiry date to enter onto an approved site of the formal disposition unless there are other conditions specified within the disposition.

Upon entry, disposition holders must notify the Department/Agency within seventy-two (72) hours through the Electronic Disposition System or as specified in the existing disposition. The date of site entry recorded in the Electronic Disposition System cannot be before the date the formal disposition was issued, and cannot be a future date; it must be the exact date site entry occurred.

If the disposition holder has entered the site and fails to notify Department/Agency within the seventy-two (72) hour timeline (or as specified in the conditions of their disposition), the disposition holder will be subject to the compliance processes which may include enforcement actions where appropriate.

Site Entry notification is important. If a Site Entry Notification number does not exist, the disposition holder will not be able to apply for a longer term or renewal. Notification of Site Entry also triggers notification to regulatory staff so field inspections and audits can be implemented. Site Entry notification is required for each disposition; a single notification cannot be completed for a group of dispositions.

Instructions on how to record site entry can be found at:

2. Disposition Tenure Extension after Site Entry and Acceptable Plan Requirements

Notification of Site Entry along with a Survey Plan must be provided to the Department/Agency for the following disposition types listed below, prior to the issuance of a disposition for an extended tenure:

  • Easement (EZE)
  • Licence of Occupation (DLO/LOC)
  • Mineral Surface Lease (DMS/MSL)
  • Miscellaneous Lease (DML/MLL)
  • Pipeline Agreement (DPL/PLA)
  • Pipeline Installation Lease (DPI/PIL)
  • Recreational Lease (REC)
  • Rural Electrification Association Easement (REA)
  • Vegetation Control Easement (VCE/RVC)

All other disposition types will be issued a disposition in accordance with the PLAR Formal Disposition Directive.

Other Post Issuance Actions

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Disposition Expiration

Information on disposition expiration can be found in the Public Lands Administration Regulation (Section 20). If a disposition expires without being renewed, the expiration date is stated on the disposition.

In the event a disposition expires prior to being renewed the disposition holder will be deemed an overholding tenant in accordance with section 20(3) of PLAR. All rights and interests of the disposition holder with respect to the land cease.

The director may take any one of the following actions outlined under section 20(3)(a)(b)(c)(d) or (e);

  • enforcement,
  • formal disposition,
  • authorization,
  • disposal of chattels and improvements and
  • sale of interest by public tender or auction.

If a site has not been entered and notification of site entry has not been received prior to the disposition’s expiration date, it expires. Based on the disposition holder not identifying that the disposition has been entered, they have failed to meet a condition of the formal disposition. They may be subject to compliance and enforcement actions. See Site Entry (above).

Formal Disposition Renewal

Dispositions may be renewed Public Lands Administration Regulation (Sections 17 and 18). Dispositions must be renewed before they expire. The expiration date is stated on the disposition. In order to make an application for renewal, a Site Entry number must be submitted to the regulatory body through the Electronic Disposition System. For more information refer to:

Disposition Cancellation

Dispositions may be cancelled for a number of reasons at any time by the Director as defined in the Public Lands Act (Section 26). The process the Department uses to do this is defined in the Public Lands Act (Section 27).

Dispositions issued by the Department/Agency can be cancelled by the disposition holder at any time. The Department/Agency has different requirements of the disposition holder depending on whether the disposition site had been entered or not entered. Disposition holders must understand and meet all of the Department/Agency requirements for cancellations.

Site Has Not Been Entered

If the disposition site has not been entered and the client wishes to cancel the disposition prior to expiration, a proof of non-entry must be submitted. For the process and forms see:

If the site for an oil and gas activity related disposition was not entered, refer to:

Site Has Been Entered

If the site has been entered, a Reclamation Certificate or a Letter of Clearance is required for reclamation requirements defined in the disposition.

If the reclamation requirements cannot be met before disposition expiration, approval to access the land to undertake the reclamation must be obtained. For the type of authority you need contact the appropriate regulator. There are different requirements based on the variability of sites.

The disposition holder may be subject to compliance and enforcement actions, if a site has been entered prior to cancellation and the disposition holder failed to notify the Department/Agency of entry or failed to meet the cancellation requirements of the disposition. See Site Entry (above).

Reinstatement

A cancelled disposition may be reinstated as defined in the Public Lands Act: Section 28. The process and requirements for reinstatement are defined in the Public Lands Administration Regulation (Sections 160 and 161).

Disposition Amendment

A disposition can be amended by the Department’s Director at any time (Public Lands Act: Sections 26 (1)) as long as the disposition has been entered and proof of entry is displayed through the creation of a Site Entry Notification number.

Amendments may be used to address a:

  • Change in location or route of the disposition
  • Change in purposes
  • Partial change in the disposition to address a partial assignment.

Amendment applications are processed similarly to a new disposition application since they can affect resource and land values, adjacent stakeholders and the public.

If a disposition holder wants to amend a surface disposition, they may:

  • Apply for an amendment through the Electronic Disposition System. Instructions on how to do this can be found in the EDS - Public Land Disposition Amendments User Guide found at:
  • Complete and submit a paper application with all applicable supporting documentation for the following activities only:
    • Recreational Leases (REC)
    • Surface Material Exploration (SME)
    • Surface Material Licence (SMC)

Amendments submitted as paper applications still require a digital plan. Upon or before submission of a paper amendment the applicant must upload the encrypted plan received in the plan package generated by the Plan Confirmation Service into the Electronic Disposition System using the Plan Submission Package option.

Once a formal disposition has been entered upon, there may be instances when a disposition holder requires field approvals or authorizations as a result of unforeseen circumstances during construction. To facilitate this, the disposition holder can make an application for a Disposition Operational Approval (DOA) or Temporary Field Authorization (TFA) from the regulatory Operational Approval District office according to the PLAR Directives and Tables.

Disposition Operational Approvals (DOAs) are approvals issued to assist and facilitate the needs of the construction and development on public lands that are associated with a public lands formal disposition. Temporary Field Authorizations are short term authorizations issued to assist and facilitate activities on public lands that are not associated with a public lands formal disposition.

If the requested change to the disposition is outside the limits and guidance of the PLAR Directives and Tables (listed above), the request will not be approved and the applicant may be required to apply for the appropriate dispositions or to amend existing dispositions.

The Operational Approvals District office may generate a Landscape Analysis Tool report to ensure proper conditions are applied to the Disposition Operational Approval/Temporary Field Authorization. If the issuance of a Disposition Operational Approval/Temporary Field Authorization causes permanent changes to the disposition, the disposition holder will be required to amend the current disposition to accommodate these changes. This may result in a new survey, additional conditions or additional application elements being required. The limits within the PLAR Directives and Tables will assist in determining what is required.

Disposition Suspensions

The Director may suspend a disposition as defined in the Public Lands Act: Section 26. The process to do this is defined in Section 26.1.

The disposition holder remains bound to the terms and conditions of the disposition, including reclamation, payment of rent or other obligations as though the disposition were not suspended.

Mortgages, Assignments, Transfers, and Subleases

A disposition holder cannot mortgage, assign, transfer or sublease a disposition without the approval of the director (Public Lands Act: Section 43). An application to the Department or Agency is required requesting approval (Public Lands Administration Regulation: Section 146). Please refer to:

 

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Posted: Apr 28, 2017