Information Letter - Provincial Landowner Notifications

Release Date: 2020-01-06

Industry is required to consult and/or notify landowners when undertaking oil and gas development as part of provincial licencing requirements. Identification of landowners is typically performed by undertaking a review of the certificate of title issued by the province.

As First Nation reserve land is "a tract of land, the legal title to which is vested in Her Majesty, which has been set apart by Her Majesty for the use and benefit of a band", First Nation reserve lands differ from other land in that:

• legal title to reserve lands is held by the federal Crown rather than by individuals or organizations;
• First Nations have a recognized interest in reserve land that includes the right to exclusive use and occupation, inalienability and the communal nature of the interest;
• the land cannot be seized by legal process or be mortgaged or pledged to nonmembers of a First Nation; and
• the Minister must approve or grant most land transactions

These notifications are to be sent as below and must contain the following information in addition to provincial regulatory requirements:

• TO: Chief and Council
  ‹ Name of First Nation ›
  c/o Oil and Gas Representative
  ‹ mailing address ›
• TO: ‹ First Nation Member in Lawful Possession of the lands ›
  ‹ mailing address ›
• CC: Manager, Environment
  Indian Oil and Gas Canada
  100-9911 Chiila Blvd
  Tsuut’ina AB T3T 0E1

• the relevant IOGC contract number (e.g. RW-9999);
• the First Nation reserve name and number;
• the legal land description of where the work is to be carried out on the First Nation reserve lands (e.g. LSD 1-2-3-4 W5M); and,
• a map identifying the location of where the work is to be carried out on the First Nation reserve lands (e.g. survey plan, aerial image).

Landowner notifications sent pursuant to provincial regulatory requirements do not negate or replace Indian Oil and Gas Canada’s consultation and notification requirements for oil and gas development on First Nation reserve lands. These requirements are summarized in the "Environmental Review Form Guide".

Queries concerning this Information Letter are to be directed to:

Manager, Environment
Indian Oil and Gas Canada
100-9911 Chiila Blvd
Tsuut’ina AB T3T 0E1
Telephone: 403-292-5625
Email: aadnc.contactiogc.aandc@canada.ca