UPDATE: August 21, 2012 Document
Two measurements:
One: from the centre of the well pad
Two: from the centre line of the pipeline or road
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If you're too ill to handle the documents with the BC Oil and Gas Commission, too bad, your land could be lost to the Oil Barons and their pipelines placed within it, based on technicalities.One man's land was saved, just barely though, on Appeal and an extension, of time.
Kinder Morgan is planning on running a second line through Burnaby, are you Ready?
When you go to the document below do a search for the multiple occurrences of the phrase
.... special circumstances.....
Encana refuses to see any; The BC Legislation doesn't include any; but.....the OCG panel saw plenty
BC Government Publications
Index for:
British Columbia. Oil and Gas Appeal Tribunal
Decision - 2011
| File Number | Appeal Name | Date Decision Issued | Decision Number |
| 2011-OGA-005 |
Daniel Kerr v. Oil and Gas
Commission(Canadian Natural Resources Limited, Third
Party) [FINAL DECISION - APPEAL DISMISSED] Full Text |
December 12, 2011 |
2011-OGA-005(b) |
| 2011-OGA-009 |
Loiselle Investments Ltd. v.
Oil and Gas Commission (Encana Corporation, Third Party) [APPLICATION FOR EXTENSION OF TIME TO FILE APPEAL - GRANTED] Full Text |
October 21, 2011 |
2011-OGA-009(a) |
| 2011-OGA-005 |
Daniel Kerr v. Oil and Gas
Commission(Canadian Natural Resources Limited, Third
Party) [STAY APPLICATION - DENIED] Full Text |
June 27, 2011 |
2011-OGA-005(a) |
| 2011-OGA-006 2011-OGA-007 |
Marilyn Gross v. Oil and Gas
Commission(Murphy Oil Company Ltd., Third Party) [APPLICATION FOR EXTENSION OF TIME TO FILE APPEALS-GRANTED] Full Text |
June 15, 2011 |
2011-OGA-006(a) 2011-OGA-007(a) |
Snip.... Page 6 of 7NOTE: Had problems cutting and pasting
[29] Having regard to all of the facts provided by the parties, as well as their submissions on the law, the Panel finds as follows:
• The notice was sent by regular mail;
• There is no evidence before the Panel on when it arrived at the Applicant’s address;
• Mr. Loiselle’s evidence is that he received the notice on or shortly after the appeal period expired, which is consistent with the File Note by Ms. Burke with the OGC;
• Mr. Loiselle contacted the OGC two days in a row after receiving the notice;
• The notice did not advise the applicant of the right to Appeal, contrary to Legislation;
• It appears that the Applicant wasn’t aware of the right of appeal until at least August 22nd;
• It then sought a copy of the permit;
• The permit was received on August 30th; and
• The appeal was filed on August 31st
[ 30] These circumstances, in addition to Mr. Loiselle’ ongoing and serious health issues, explain the 12-day delay in filing the Appeal and, in the Panel's View, constitutes “special circumstances”.
Snip......
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