FRONTIER LAW
UNPAID SURFACE RENT
Unpaid Surface Rent for Orphan Oil and Gas Sites in British Columbia.
If an oil and gas site on your privately owned land or grazing lease stops paying annual surface rent and the operator has gone under or disappeared, you may still have a clear path to recover what you are owed.
Frontier Law, based in Fort St. John and working in partnership with KMSC Law LLP, helps landowners across British Columbia make claims for unpaid rent tied to orphan oil and gas and energy sites. We work on contingency: if we don’t collect funds for you, we don’t get paid.
Your Right to Compensation Under BC Law.
In British Columbia, landowners can claim compensation for overdue and ongoing surface rental payments for orphan sites. The BC Energy Regulator (BCER) administers these payments from the Orphan Site Reclamation Fund (OSRF).
- Once a site is designated an orphan by the BC Energy Regulator, claims for unpaid rent are made to the Regulator (not the Surface Rights Board).
- The Regulator may, under section 46 of the Energy Resource Activities Act, compensate landowners for overdue rent owed on orphan wells.
- If there is a solvent permit holder in place (including during insolvency proceedings before orphan designation), rent issues are addressed through the Surface Rights Board under the Petroleum and Natural Gas Act.
What Counts as an “Orphan” Site?
Orphan sites include wells, facilities, pipelines, and associated areas where the operator is bankrupt or cannot be located. In BC, orphan sites are managed by the BC Energy Regulator’s Orphan Site Program using the OSRF. If your site has been designated as an orphan, you may be eligible for compensation for both overdue and ongoing rent.
Photo: Darcy Shawchek
What Counts as an “Orphan” Site?
Orphan sites include wells, facilities, pipelines, and associated areas where the operator is bankrupt or cannot be located.
In BC, orphan sites are managed by the BC Energy Regulator’s Orphan Site Program using the OSRF.
If your site has been designated as an orphan, you may be eligible for compensation for both overdue and ongoing rent.
What Types of Developments Qualify?
Claims for unpaid rent can be made for oil and gas or other energy developments located on the surface of privately owned land or grazing leases, including but not limited to:
- Single and multi-well pads
- Access roads
- Riser sites
- Facilities
- Compressor stations
If you have a surface lease (or similar right-of-way or easement) tied to an energy site and rent has stopped, talk to us. We can assess whether your site qualifies as orphan and guide your next steps.
How Frontier Law Helps
Most landowners don’t have time to navigate orphan designations, regulatory forms, or proof requirements. We do this work for you from start to finish:
- Eligibility review: We confirm orphan status, review your lease, title, grazing lease, and past payment history.
- Evidence gathering: We help you assemble the documents the Regulator expects, such as your surface lease, last payment evidence, correspondence, and efforts to collect.
- Application preparation: We prepare and file your application for compensation.
- Ongoing rent: We position your claim for continuing annual rent payments while the site remains orphaned and until restoration or the Regulator determines a termination date.
Coordination with other remedies: If your site is not yet orphaned or a solvent permit holder steps in, we can pivot to the Surface Rights Board process for overdue rent, rent reviews, and land damage claims under the Petroleum and Natural Gas Act.
The BC Energy Regulator requires specific information with an application for orphan site rental compensation.
We help you compile:
- Your surface lease or right-of-way/easement (if available)
- The amount of overdue rent claimed and the date of the last payment
- Proof of payments received (e.g., cheque stubs, bank statements)
- Evidence of efforts to collect outstanding rent
- A description of the energy activity on the site
- Proof of your land interest (for owners and grazing leaseholders)
- Any prior Surface Rights Board orders, if applicable
Contingency Fee — No Recovery, No Fee
We are paid on a contingency basis. If we don’t collect funds for you, we don’t get paid. We also offer a free initial consultation so you can understand your options with no upfront cost or obligation.
Why Act Now?
- Preserve evidence: The sooner we start, the easier it is to gather payment records and correspondence.
- Protect annual payments: Timely applications help maintain ongoing rent while the site remains orphaned.
- Coordinate with cleanup: As the Regulator advances decommissioning and restoration, your compensation should keep pace.
Serving Landowners Across British Columbia, With Deep Roots in the Peace.
Frontier Law represents landowners and grazing leaseholders across British Columbia, with a particular focus on the Peace River Region. We are located in Fort St. John and serve:
- Fort St. John
- Dawson Creek
- Halfway River
- Charlie Lake
- Prespatou
- Rose Prairie
- Goodlow
- Clayhurst
- Farmington
- Groundbirch
- Doe River
- Rolla
and many other communities throughout Northeastern and Northwestern British Columbia, where surface lease development is common.
If you own private land or hold a grazing lease in British Columbia and rent has stopped for a well, facility, pipeline, or other energy site on your land, contact Frontier Law today.
We will confirm whether your site is orphaned, explain your options under the Energy Resource Activities Act, and handle the application process from start to finish. No recovery, no fee.
LET’S WORK TOGETHER
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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.