Alberta Oil and Gas Liens
In Alberta, oil and gas liens cover work done in respect to mineral projects such as mineral drilling, work on well sites, etc. A contractor can file a lien in Alberta against the entire mineral interest associated with the project area. Saskatchewan and Alberta are the only places in Canada that have oil and gas liens.
In Alberta, most mineral exploration projects take place on land owned by the Crown; therefore, liens are registered with the Ministry of Energy. As long as a contractor has some interest in the mineral rights in question, the contractor can file a lien against the mineral title.
Section 62 of the Alberta Builders Lien Act allows the contractor to avoid issues with shared mineral rights. Therefore, the contractor can file a lien against the entire mineral interest. As long as a contractor has an interest of some type in the mineral rights in question, a lien can be placed against the mineral title-agreement number associated with location of where the work was completed.
Section 62 specifically states: When work is done or materials are furnished preparatory to, in connection with, or for an abandonment operation in connection with the recovery of a mineral, then, notwithstanding that a person holding a particular estate or interest in the mineral concerned has not requested the work to be done or the material to be furnished, the lien given by subsection 1 attaches to all estates and interests in the mineral concerned, other than the estate in fee simple in the mines and minerals, unless the person holding the estate in fee simple in the mines and minerals has expressly requested the work or the furnishing of material, in which case the lien also attaches to the estate in fee simple in the mines and minerals but not to that person's estate, if any, in the rest of the land."
Province of Alberta. 2012, July.
Builder's lien act: Revised statues of Alberta 2000 Chapter B-7.
Alberta Oil and Gas Lien Filing Deadline
If you have performed work in respect to improvements, other than those associated with an oil or gas well/well site, liens must be filed with the correct governing (Ministry of Energy or Land Titles) not later than 90 days from the last day that the work was last done or the materials were last furnished.
If your work is not directly related to improving the well or well site, you have 60 days from the date last on site, date of last supply or date of abandonment to file a builders’ lien.
If the 60 day rule is applicable to your claim then:
If your claim is between day 1 to day 52 of the lien deadline then use our online form for Regular - Alberta Builders Lien Filing
If your claim is between day 53 and 60 of the lien deadline then you should use our Rush - Alberta Builders Lien Filing
90 Days
If your claim is between day 1 to day 82 of the lien deadline then use our online form for Regular - Alberta Oil and Gas Lien Filing.
If your claim is between day 83 to day 90 of the lien deadline then you should use our Rush - Alberta Oil and Gas Lien Filing
The comments stated above are of a general nature regarding the filing of a builder's lien pertaining to an oil and gas site. This analysis may change depending on a variety of situations. Should you require specific advice or assistance with your particular matter take advantage of our free introductory consultation on filing an Oil and Gas Lien.
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