Question about hunting around oil leases in Alberta

Win94

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It is unlawful to: discharge a firearm from or cause a projectile from a firearm to pass along or across
a primary highway,
a road allowance containing a road that is paved, oiled, graded or regularly maintained, unless
the road is held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act, or
the person is hunting game birds with a shotgun under the authority of a licence.

...........Fellas this is straight from our Alberta regs. When they say regularly maintained, do they mean maintained by the government or maintained by anyone?? I was out the other day and ended up on a Petro Canada road. Their was a Petro Canada sign that said no discharging of firearms within 300 meters of said road. Is this true?? Are they allowed to make up their own laws?? Its crown land.
 
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Petro-Can used to be owned by the Govt. - it was the overpriced pink elephant that Turdeau and Lalonde tried to use to take over the energy industry. More commonly know in the west as "Commie Oil", and their Calgary headquarters referred to as "Red Square"

To this day, I'd rather piss in my gas tank than fuel up there....haven't you noticed; every time you pass one of their service stations, your vehicle starts pulling to the left?
 
Here is the PM Tumbleweed sent me. He gave me permission to post his take on this issue.

Here's the way I see it...

a road allowance containing a road that is paved, oiled, graded or regularly maintained, unless
the road is held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act, or Unless is the key word, I think - it is then exempted from the Wildlife Act.

As far as Petro-Can goes, their signs would probably be for safety purposes only, and I doubt they would hold any water in a court of law. A disposition under the Public Lands Act only covers the land applied for, i.e. the specific right-of-way - usually 20 m.

Many oil companies will run a bluff, mainly to keep irresponsible hunters off lease roads...undeniably, many do go in bad weather, and rut the hell out of the roads.

Believe it or not, even gates on lease roads are of questionable legality. Oil roads are held under what's called a PLA, which is basically permission to use Crown land....and there is still a solid argument that you cannot legally deny public access. The Govt. just turns a blind eye, because they don't want enhanced access to wildlife, and listen to lots of complaints from oil companies about road damage from hunters.

It's a pretty complicated issue.

Go ahead and add this to your thread if you wish...
 
I hunt on oil roads all the time. I have worked in the oil and gas industry for 8 years and none of the plant operators have a problem with it. I use leases as parking spots. I get landowner permission and use the roads and leases as access. Oil companies don't own the land they use, they only lease it. I wouldn't be shooting in the general direction of gas plants and stuff but if you use some common sense it shouldn't be a problem, just scout the area beforehand to make sure there are no surveyors or seismic crews stomping through the bush. I don't think oil roads count as maintained roads if they are on private property. I know a farmer that had a husky represenative try to tell him what to do on his own land and guess what, Husky has one lease that is surrounded by CNRL sites now and that operator got skidded. I am not sure on the legality of it on crown land, but like I said before the oil companies only own the buildings and wells, they lease the space for roads and leases so either the farmer owns the land or "we" do if it is crown land. I think your best bet would be to call your local CO.
 
The statement applies to all roads EXCEPT those under a PLA disposition. Most oilfield roads fall into this category, so you are generally allowed to shoot from them. However, when a company applies for this disposition, the Gov't MAY tell them they must install access control features, and can in fact, place further prohibitions on at the time of disposition issuance. So, if there is a sign telling you shooting is prohibited, there is a good chance it has legal backing.
 
Tumbleweed has got it right. I work for an oil company, and the company I work for KNOWS they don't have the right to deny access to public land and will never try to challange you on the issue....unless you shot a pipe or other peice of equipement and caused a big problem (such as a spill) then you had better hang on tight because you could be fighting a lot of high priced lawyers, especaly if you disobeyed a sign.


I guess I should add to this that there have been some cases where the Company and government have declared the area an "Active Work Site" in this case the company has the leagal right to keep people from shooting in the specified area. An example of this is ESSO's field by Cold Lake, due to the process that they use there the pipe lines are above ground, about the same height as a deer's chest, the chance of an incedent is very high so there is no hunting.
 
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.............so what about the pissy little Petro Can road i found out near Robb that has a sign saying its prohibited to shoot within 300 meters of this road?? How would one find out if its a bluff sign or they have legal backing??
 
Remembrance of the NEP Disaster

Gentlemen,

I have never used Petro-Can for anything, EVER. In fact every sign I've seen on these roads has been shot up pretty bad.:dancingbanana: Maybe it's an Alberta thing, but they're hated in this part of the world.

I would check the regs first, and then if you're still in doubt, call the Ministry office to double check.

Where I hunt there are a few sour gas wells and so I'm careful about where my shot goes.

RD
 
I would check the regs first, and then if you're still in doubt, call the Ministry office to double check





..................I posted what the regs say at the very start of this. The regs as usual are a joke as far as specific explanations.
 
Win, is the road near a plant or a lot of other above ground facilities such as pipe line risers, or buildings? Is the sign refering to just one area and road or is it a generic sign posted every ware?

I would guess that if it it out in the bush not really around anything major it is just a "bluff" (or they put it there to remove liability if an employee gets shot)

90% of the guys you come accross out there don't really care what you do anyways, it's big country with big freedom.
 
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...and most of the signs (and most everything nowadays!) is just a case of "cover your ass"...if somebody shoots something, or somebody, you can't sue me, because I put up a sign telling you not to!

I'll bet I haul around 50 pounds of safety manuals every bloody day....the only use for them is to cover an oil companies ass.....and maybe to make a fire, if I ever break down in winter. Hell, if I got killed out there tomorrow the only people who'd know my name would be the lawyers making sure XYZ Energy didn't get sued.
 
MOst No Shooting signs are around plants where there are residences, which is also in the regs. Your best bet would be to talk to an operator in the area and see what he has to say about it. Most are pretty good guys and may even give you a few tips on where the animals are.
 
nothing is around their for miles. It eventually leads to a pumping station of some sort which i would definitley not shoot/hunt around for a couple miles for sure. Thanks for all the input fellas!!
 
Win94 said:
.............so what about the pissy little Petro Can road i found out near Robb that has a sign saying its prohibited to shoot within 300 meters of this road?? How would one find out if its a bluff sign or they have legal backing??

I don't know how you find out, but the Oil company does have the right to restrict access for safety reasons to the workers. syncrude does it up here.
 
As far as Petro-Can goes, their signs would probably be for safety purposes only, and I doubt they would hold any water in a court of law. A disposition under the Public Lands Act only covers the land applied for, i.e. the specific right-of-way - usually 20 m.


.........This pretty much sums it up. An actual mine, ie: Syncrude, Suncor. Albian and the mine i work at, is not a good analogy as different permits must be obtained for actual stripping of the land. Their is no hunting in these areas as their is constant traffic, construction and surface mining being done. There is no admitance to anyone that does not work there. Gas and oil lease/roads have campers, berrypickers and fisherman. You cannot do any of this on mine properties.
 
Leased Crown Land is the same as the lease on an apartment. It's no longer 'public'. Shooting at signs, anybody's sign, is slob hunter vandalism.
 
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