Surrender of Surface Agreements

Table of contents

Overview

Reclamation of surface leases and the surrender of surface agreements are approved by IOGC in consultation with the First Nation. Companies must reclaim the agreement area and submit environmental documentation to IOGC. Refer to the Environment section of the business cycle. Once the reclamation has been approved, companies must submit surrender documentation to IOGC to surrender all or part of the agreement area.

Process to Reclaim Rights of Way

For the reclamation of rights of way, please contact the Manager, Environment.

Process to Reclaim Surface Leases

For information, please view Reclamation of Surface Leases in the Environment section of the Business Cycle.

Process to Surrender Surface Agreements

After necessary reclamation approvals have been given, lessees may apply for surrender of surface agreements. Surrender documents will not be accepted beforehand.

Companies are required to provide IOGC with four executed originals of either the Surface Memorandum of Surrender or Surface Memorandum of Partial Surrender form. Execution must be under corporate seal or with a witness and an affidavit of execution. Alternatively, if an attorney is executing, and a Power of Attorney has not been previously registered with IOGC, two original Power of Attorney documents are required (in addition to using a witness and an affidavit of execution).

Fees are not charged for full surrender requests. For a partial surrender, a $25 administration fee, payable to the Receiver General for Canada, must be submitted to IOGC along with the four executed originals of the Subsurface Memorandum of Partial Surrender form.

IOGC reviews all surrender requests in consultation with the First Nation.

If the company is not in default under the contract, the Regulations, or a direction made under the Regulations, IOGC will process and execute the surrender application. Land descriptions and rents involving partial surrenders will be automatically amended once the partial surrender has been approved. A Band Council Resolution is required to approve any facility or infrastructure remaining on the lease.

Companies are required to continue paying annual surface lease rents until the surrender has been approved. Rents paid in advance will not be refunded. Annual rents for an area remaining in a lease that has been partially surrendered will be no less than $100.

Pursuant to the Regulations, a company that is in default of any part of the Regulations or contract on reserve lands may not surrender the contract or any part of it. IOGC will not approve these surrender applications.

After execution of surrender application, IOGC will send a letter to the grantee confirming the surrender.

A guide to complete an IOGC Memorandum of Surrender (MOS) or Memorandum of Partial Surrender (MOPS) can be found at the end of the Reclamation and Surrender Application.

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