Sublease Consent

Timeline

Currently, there are no estimated processing times for this application.

Purpose of the Application

Under section 43(1) of the Public Lands Act, companies must obtain our written consent to sublease land that is under disposition. After we’ve approved the application, the consent and agreement will be registered in our records as a private surface agreement. This application is made under sections 13 and 146 of the Public Lands Administration Regulation.

Subleasing may only be used to meet a short-term need to more efficiently access a resource if the disposition holder is unable to use their lease. The sublease must not have a primary purpose or outcome of revenue generation for the disposition holder. A sublease approval may be issued on any terms and conditions we consider appropriate.

Process Checklist

Before Applying 

Before applying for our consent to sublease, companies should consider the following:

• The proposed sublease is proposed for a short-term need.
• The sublease activity proposal falls entirely within a lease boundary.
• The proposed sublease must be used for the same purpose, or a narrower subset, that the original disposition was granted for.
• The proposed sublease must be in alignment with indigenous consultation requirements.
• First Nations or Métis consultation may be required for the approval of a sublease.
• A sublease must not contravene any conditions of the disposition.
• A sublease cannot be further sublet.
• A disposition that is sublet cannot be mortgaged, transferred, or assigned.

A company’s request for consent to sublease must include the following:

• description of the proposed sublease use/activity
• term requested for the sublease
• sketch plan of the sublease area
• draft copy of the completed AER standardized sublease agreement

Submit an Application

Companies must email their sublease consent applications to AERSurfaceActivityApplication@aer.ca.

By submitting an application, the company accepts that its information is no longer confidential.

Review Process

1. We share all applications on our Public Notice of Application page to encourage public participation in the approval process.
2. Anyone who believes that they may be directly and adversely affected by an application can file a statement of concern (SOC). If we receive an SOC, it may take us longer to process the application.
3. We will assign the application to a subject matter expert for initial review. If information is missing (i.e., the application is not complete), we will close the application. Otherwise, we will proceed with a full technical review.
4. We may request additional information (through a supplemental information request) to complete our technical review.
5. We will decide to approve, close, or deny the application. If we close it, the applicant may reapply without prejudice. If we deny it, the applicant can file an appeal through our appeal process.
6. The applicant will receive a link to the approved permit, which is accessible through the Integrated Application Registry. We will also share our decision on our Publication of Decision page.