FRONTIER LAW
OIL & GAS DAMAGE CLAIMS
Helping BC Landowners Recover Damages Caused by Oil and Gas Development.
Protecting your land is protecting your livelihood. If oil and gas or other energy activities on or near your property have caused damage, you have clear rights in British Columbia to claim compensation.
Frontier Law, based in Fort St. John and working in partnership with KMSC Law LLP, represents private landowners and grazing leaseholders across British Columbia to secure full and fair compensation for damages caused by industrial development on their property, with a focus on the Peace Region.
Your Right to Compensation in British Columbia.
In BC, landowners and occupants can claim compensation for damage caused by the exercise of surface rights under the Petroleum and Natural Gas Act (the “PNG Act”). Section 163 of the PNG Act allows a landowner or occupant of land that is subject to a right of entry (along with owners/occupants of immediately adjacent land) to apply to the Surface Rights Board (the “SRB”) for mediation and arbitration services, if oil and gas activities cause damage to the land or losses to the owner or occupant, including off-lease damages. The SRB can order the right holder (the operator) to pay compensation for that damage or loss, plus interest.
What this means for You.
- You can claim for damage on your land if the damage occurred off the lease area (for example, flooding, erosion, access interference, crop loss, soil compaction, nuisance, or other disturbances).
- You do not necessarily have to sue in court; the SRB process provides a focused route to compensation.
- Operators are responsible for compensation for loss or damage caused by their right of entry or lease. The Board can require operators to pay your reasonable legal and expert costs, and in many cases those costs are paid directly by the operator.
Photo: Kevin MacLellan
Examples of Energy Developments That Can Lead to Damages Claims
You can seek compensation for damage arising from the negative impact to privately owned lands from any oil, gas, or energy infrastructure located on the surface of privately owned land or grazing leases. Examples include:
- Single and multi-well pads
- Access roads
- Riser sites
- Facilities
- Compressor stations
- Pipelines
Common Types of Damage and Loss
Every property is different. Typical claims may include:
- Off-lease flooding, water diversion, or erosion harming fields or improvements
- Soil compaction, rutting, or contamination of water or soil
- Crop loss, reduced yields, or loss of forage/grazing capacity
- Fencing, gate, and access impacts
- Nuisance (e.g. noise, light, odour), dust, and traffic interference
- Severance and fragmentation of fields and operations
- Time and management costs dealing with the operator
How Frontier Law can Help
With practical, local experience we understand northern operations, seasonal timing, and how surface activities affect farm and ranch businesses. We coordinate claims to minimize disruption to your operation.
We guide you from first call to final payment:
1. Early assessment and strategy
- We listen to your concerns and review maps, leases, and permits.
- We work with you to identify the full scope of on-lease and off-lease damages.
- We outline the best approach—negotiation, mediation, and, if needed, arbitration at the SRB.
2. Evidence and valuation
- We work with farm, ranch, and agrology experts to quantify crop loss, forage impact, soil damage, and long-term effects of industrial developments.
- We document nuisance, disturbance, and severance.
- We ensure your claim is supported by clear, defensible evidence.
3. Pursuing compensation
- We negotiate with the operator for fair settlement.
- If settlement is not reached, we file on your behalf with the SRB under the PNG Act.
- We seek orders for compensation, interest, and your reasonable costs.
Why Emphasize “Operator Pays”?
The PNG Act allows the SRB to order operators to pay a landowner’s reasonable legal and expert costs. In practice, this means your claim can proceed without you bearing the financial burden. We structure matters to maximize the likelihood that the operator pays your associated legal costs.
Frequently Asked Questions
Do I have to wait until the site is reclaimed to make a claim?
No. You can claim for damages and losses as they arise. The SRB can award compensation for both temporary and permanent damage and may include nuisance and disturbance.
What if the damage is off the lease?
Section 163 expressly covers damage to other land of the owner/occupant and to immediately adjacent land caused by the exercise of the right of entry. Off-lease damages are claimable.
What if I have a grazing lease?
“Occupants” of grazing leases can claim under s. 163. If oil and gas activities impact your grazing lease, we can help pursue compensation for those losses.
Will I owe legal fees out of pocket?
The SRB can order operators to pay or advance your reasonable legal and expert costs. We structure files with that in mind and will always discuss fee arrangements with you up front.
How are damages calculated?
The SRB may consider temporary and permanent damage, severance, nuisance and disturbance, the value of the land to you, and other applicable factors. We ensure all appropriate heads of compensation are advanced with supporting evidence.
Why Choose Frontier Law
- Focused on landowner rights under the PNG Act
- Deep Peace region experience and relationships
- Practical approach that aims to resolve matters quickly and fairly
- Cost strategy designed so the operator pays your reasonable fees
- Clear communication and straight talk—no legal jargon
If oil and gas or energy development has caused damage on or off the lease site—on private land or a grazing lease—don’t wait. Call Frontier Law in Fort St. John today for a free consultation. We will explain your rights under the Petroleum and Natural Gas Act, outline your options, and get to work seeking full compensation, with your legal costs pursued from the operator, so that you – and your land – can get back to work!
Where we Work
Frontier Law represents landowners and grazing leaseholders across British Columbia, focusing, particularly on the Peace Region., including:
- Fort St. John
- Dawson Creek
- Halfway River
- Charlie Lake
- Prespatou
- Rose Prairie
- Goodlow
- Clayhurst
- Farmington
- Groundbirch
- Doe River
- Rolla
Local knowledge matters. We are based in Fort St. John, and our team of professionals includes individuals with real life experience in farming, ranching, environmental work, project planning and construction.
We understand the realities of rural living in Northeast BC and the Peace country and we tailor our solutions to fit your operation, schedule and long-term plans.
LET’S WORK TOGETHER
SCHEDULE A CONSULTATION
At Frontier Law, we ensure you have all of the relevant information needed to make good decisions.
Our Team is available to discuss your personal and business legal needs.