Title BEFORE re-enacted by 2022-42-1, effective September 1, 2023 (BC Reg 187/2023).
OIL AND GAS ACTIVITIES ACT
Section 1 (2) definition of "oil and gas activity", paragraph (f) BEFORE amended by 2012-27-4, effective May 31, 2012 (Royal Assent).
(f) the\construction, use or operation of a prescribed road, and
Section 1 (2) definition of "operating area" was added by 2014-10-1(a), effective April 9, 2014 (Royal Assent).
Section 1 (2) definition of "related activity", paragraph (b) BEFORE amended by 2014-10-1(b), effective April 9, 2014 (Royal Assent).
(b) the carrying out of which is required for the carrying out of an oil and gas activity;
Section 1 (2) definition of "specified enactment", paragraph (e) BEFORE amended by 2014-15-187, effective February 29, 2016 (BC Reg 35/2016).
Section 1 (2) definition of "specified provision", paragraph (e) BEFORE amended by 2014-15-187, effective February 29, 2016 (BC Reg 35/2016).
(e) any of the following provisions of the Water Act, but only in relation to an approval as defined in section 1 of the Water Act:
(i) section 8 [short term use of water];
Section 1 (2) definition of "oil and gas activity", paragraphs (e.1) and (e.2) were added by 2015-23-48, effective February 20, 2017 (BC Reg 38/2017).
Section 1 (2) definition of "authorization holder" was added by 2015-40-1(a), effective March 20, 2018 (BC Reg 51/2018).
Section 1 (2) definition of "related activity", paragraph (b) BEFORE amended by 2015-40-1(b), effective March 20, 2018 (BC Reg 51/2018).
(b) the carrying out of which is required for or facilitates the carrying out of an oil and gas activity;
Section 1 (2) definition of "specified provision", paragraph (c) BEFORE amended by 2019-26-37, effective May 30, 2019 (Royal Assent).
(c) section 12 [permit authorizing certain actions] of the Heritage Conservation Act;
Section 1 (2) definition of "commissioner" BEFORE amended by 2022-42-2(c), effective February 17, 2023 (BC Reg 45/2023).
"commissioner" means the commissioner appointed under section 2 (3);
Section 1 (2) definitions of "appeal tribunal", "facility", "pipeline" and "spillage" BEFORE amended by 2022-42-2(a), (e), and (g) to (i), effective September 1, 2023 (BC Reg 187/2023).
"appeal tribunal" means the Oil and Gas Appeal Tribunal established under section 19;
"facility" means a system of vessels, piping, valves, tanks and other equipment that is used to gather, process, measure, store or dispose of petroleum, natural gas, water or a substance referred to in paragraph (d) or (e) of the definition of "pipeline";
"pipeline" means, except in section 9, piping through which any of the following is conveyed:
(b) water produced in relation to the production of petroleum or natural gas or conveyed to or from a facility for disposal into a pool or storage reservoir;
(d) substances prescribed under section 133 (2) (v) of the Petroleum and Natural Gas Act;
(e) other prescribed substances,
and includes installations and facilities associated with the piping, but does not include
(f) piping used to transmit natural gas at less than 700 kPa to consumers by a gas utility as defined in the Gas Utility Act,
(h) anything else that is prescribed;
"spillage" means petroleum, natural gas, oil, solids or other substances escaping, leaking or spilling from
(a) a pipeline, well, shot hole, flow line, or facility, or
(b) any source apparently associated with any of those substances.
Section 1 (2) definitions of "energy resource", "energy resource activity", "energy resource road", "oil and gas or storage activity" and "regulator" were added by 2022-42-2(b), (d) and (f), effective September 1, 2023 (BC Reg 187/2023).
Section 1 (2) definitions of "commission" and "oil and gas activity" BEFORE repealed by 2022-42-2(b) and (f), effective September 1, 2023 (BC Reg 187/2023).
"commission" means the Oil and Gas Commission continued under section 2;
"oil and gas activity" means
(b) the exploration for and development of petroleum, natural gas or both,
(c) the production, gathering, processing, storage or disposal of petroleum, natural gas or both,
(d) the operation or use of a storage reservoir,
(e) the construction or operation of a pipeline,
(e.1) the construction or operation of a manufacturing plant designed to convert natural gas into other organic compounds,
(e.2) the construction or operation of a petroleum refinery,
(f) the construction or maintenance of a prescribed road, and
Section 1 (2) definitions of "board" and "certificate of restoration" BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
"board" means the board of the commission continued under section 2;
"certificate of restoration" means a certificate issued by the commission under section 41;
Section 1 (2) definitions of "operating area" and "related activity" BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
"operating area" means an area, identified in a permit, within which a permit holder is permitted to carry out an oil and gas activity;
means an activity
(a) that, under a specified enactment, must not be carried out except as authorized under the specified enactment or that must be carried out in accordance with the specified enactment, and
(b) the carrying out of which is required for or facilitates the carrying out of an oil and gas activity or making an application for a permit under section 24;
Section 1 (2) definition of "specified provision", paragraph (b) BEFORE amended by 2023-43-185, effective April 1, 2024 (BC Reg 62/2024).
(b) section 47.4 [licence to cut for persons occupying land or for energy resource purposes] of the Forest Act, but only in relation to a master licence to cut, and section 117 [road use permits for industrial use] of that Act;
Section 1 (2) definition of "specified provision", paragraph (c) BEFORE amended by 2018-15-1, effective June 1, 2024 (BC Reg 278/2023).
(c) sections 12.4 to 12.8 [permit authorizing certain actions] of the Heritage Conservation Act;
Section 1 (2) definition of "off-site environmental mitigation activity" was added by 2018-54-1(a), effective July 22, 2024 (BC Reg 241/2024).
Section 1 (2) definition of "related activity", paragraph (b) BEFORE amended by 2018-54-1(b), effective July 22, 2024 (BC Reg 241/2024).
(b) the carrying out of which is required for or facilitates the carrying out of an energy resource activity or making an application for a permit under section 24;
Section 1 (2) definition of "specified provision", paragraph (d) (ii) BEFORE repealed by 2018-54-1(c), effective July 22, 2024 (BC Reg 241/2024).
Part 2, Division 1 heading BEFORE re-enacted by 2022-42-4, effective September 1, 2023 (BC Reg 187/2023).
Section 2 BEFORE re-enacted by 2022-42-5, effective February 17, 2023 (BC Reg 45/2023).
Corporation continued
2 (1) A corporation known as the Oil and Gas Commission is continued, consisting of a board with 3 directors.
(2) The deputy minister is a director and is the chair of the board.
(3) The Lieutenant Governor in Council may appoint 2 directors, for a term not longer than 5 years, one of whom is both the commissioner and vice chair of the board.
(4) A person appointed as a director under subsection (3) may be reappointed for additional terms.
(5) A vacancy in the membership of the board or the incapacity of one of the directors does not impair the power of the remaining directors to act.
(6) A majority of the directors holding office constitutes a quorum at meetings of the board.
(7) If there is a tie vote, the chair of the board, or in the absence of the chair the vice chair, has the deciding vote.
(8) If a director dies or is unable to act or if a director's position is otherwise vacant, the minister, by order, may appoint an acting director for a period not longer than 6 months.
(9) If the commissioner dies or is unable to act or if the commissioner's position is otherwise vacant, the minister, by order, may appoint a director or an acting director appointed under subsection (8) to be an acting commissioner for a period not longer than 6 months.
(10) The board may appoint a deputy commissioner.
(11) A deputy commissioner has the powers of the commissioner, unless the board otherwise directs, but does not have a vote in meetings or decisions of the board and is subject to any directions given to him or her by the commissioner.
(12) The commission may pay to a person appointed under subsection (3), (8), (9) or (10) remuneration and expense allowances at rates set by the minister.
Section 4 BEFORE re-enacted by 2022-42-6, effective September 1, 2023 (BC Reg 187/2023).
Purposes
4 The purposes of the commission include the following:
(a) to regulate oil and gas activities in British Columbia in a manner that
(i) provides for the sound development of the oil and gas sector, by fostering a healthy environment, a sound economy and social well-being,
(ii) conserves petroleum and natural gas resources,
(iii) ensures safe and efficient practices, and
(iv) assists owners of petroleum and natural gas resources to participate equitably in the production of shared pools of petroleum and natural gas;
(b) to provide for effective and efficient processes for the review of applications for permits and to ensure that applications that are approved are in the public interest having regard to environmental, economic and social effects;
(c) to encourage the participation of First Nations and aboriginal peoples in processes affecting them;
(d) to participate in planning processes;
(e) to undertake programs of education and communication in order to advance safe and efficient practices and the other purposes of the commission.
Section 5 (1) (c) and (d) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(c) approving the commission's annual service plan under the Budget Transparency and Accountability Act, as well as the commission's annual budget estimate detailing the expected revenues and planned expenditures of the commission for the next fiscal year;
(d) establishing a plan of organization to carry out the powers of the commission.
Section 5 (2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(a) establish, in accordance with the regulations, if any, a conflict of interest policy for the directors that includes provisions respecting
(i) the disclosure of interests in contracts or transactions with the commission,
(ii) the duty to account for profits,
(iii) the validity of contracts and transactions in which a director has an interest, and
(iv) the disclosure of any property owned or office held by a director that may create a conflict of interest or duty,
(b) submit the policy referred to in paragraph (a) to the minister, and
(c) establish a code of conduct, including conflict of interest provisions, that governs the conduct of employees of the commission.
Section 6 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Capacity and powers of commission
6 (1) For the purposes of this Act, the commission may do any or all of the following:
(a) subject to subsection (2), acquire, hold and dispose of property;
(b) invest money, and, subject to the prior approval of the Lieutenant Governor in Council, borrow money;
(c) subject to subsection (2), negotiate and enter into agreements with any person, including the government of British Columbia, the government of Canada, the government of another province or of a territory, a local government, a First Nation or with an official or agency of any of them;
(d) subject to subsection (2), expend money for the purposes of administering the Act;
(e) do other things that the Lieutenant Governor in Council may authorize.
(2) In the prescribed circumstances, the commission may exercise the power referred to in subsection (1) (a), (c) or (d) only with the approval of the Lieutenant Governor in Council.
(3) With the prior approval of the Lieutenant Governor in Council, the commission may in any year pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.
(4) If directed to do so by the Lieutenant Governor in Council, the commission must pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.
Section 7 (4) BEFORE amended by 2014-10-2, effective April 9, 2014 (Royal Assent).
(4) The commissioner may designate a person as an official for the purposes of provisions of this Act specified by the commissioner in the designation.
Section 7 (1) to (3) and (5) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) Subject to the direction of the board, the commissioner must manage the operations of the commission or supervise the management of those operations.
(2) The commissioner has the powers and duties of an official and of the commission under this Act, other than those powers and duties expressly given to the board under this Act.
(3) The commissioner may hire employees of the commission necessary to carry on the business and operations of the commission and may define their duties and determine their remuneration.
(a) delegate the exercise of any power or performance of any duty conferred or imposed on the commission under this Act, other than those powers and duties expressly given to the board under this Act, to an employee or official of the commission or another public officer, and
(b) in making a delegation, provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty.
Section 8 (1) (part) BEFORE amended by 2015-40-3, effective March 20, 2018 (BC Reg 51/2018).
(1) For the regulation of oil and gas activities, the commission, instead of the official named in a specified provision,
Section 8 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
Commission's responsibilities under specified enactments
8 (1) For the regulation of oil and gas activities and related activities, the commission, instead of the official named in a specified provision,
(a) has all the powers relating to a discretion, function or duty referred to in the specified provision, including, without limiting this, the powers in the specified enactment relating to the administration and enforcement of an authorization, and
(b) is charged with all the responsibilities pertaining to that discretion, function or duty.
(2) Despite subsection (1), both the commission and the director, as the latter is defined in section 1 of the Environmental Management Act, have all the powers referred to in section 14 of that Act and are charged with all the responsibilities pertaining to those powers.
(3) Subject to this Act, the exercise of the powers conferred on the commission by subsection (1), the carrying out of each discretion, function and duty referred to in a specified enactment and the responsibilities with which the commission is charged under this section remain subject to the specified enactment and that specified enactment continues to apply.
(4) Despite subsections (1) and (3), the commission and the appropriate officials under the various specified enactments are each responsible for enforcing the specified enactments in relation to the matters described in the specified provisions.
Section 9 BEFORE amended by 2012-27-5, effective June 25, 2012 (BC Reg 147/2012).
Application of section 8 to pipelines under jurisdiction of Canada
9 (1) In this section, "pipeline" has the same meaning as in the National Energy Board Act (Canada).
(2) The commission's powers under section 8 do not include the power to issue an authorization with respect to a pipeline that is subject to the National Energy Board Act (Canada).
(3) Despite subsection (2), the Lieutenant Governor in Council may, by regulation, extend the commission's powers under section 8 to include the power to issue an authorization with respect to a pipeline referred to in subsection (2).
(4) If the commission issues under subsection (3) an authorization with respect to a pipeline referred to in subsection (2), the commission has all the powers and responsibilities referred to in section 8 with respect to that pipeline.
Section 9 (1) definition of "approval", paragraph (b) BEFORE amended by 2015-40-4(a), effective March 20, 2018 (BC Reg 51/2018).
(b) that is required to be carried out in order to operate or construct a pipeline;
Section 9 (4) (c) BEFORE amended by 2015-40-4(b), effective March 20, 2018 (BC Reg 51/2018).
(c) the carrying out of the activity under the approval must be considered the carrying out of a related activity for the purposes of this Act.
Section 9 (1) BEFORE amended by 2022-42-8, effective September 1, 2023 (BC Reg 187/2023).
"approval" means an approval, with any conditions imposed, under a specified enactment to carry out an activity
(a) that, under the specified enactment, must not be carried out except as approved under the specified enactment, and
(b) the carrying out of which is required for or facilitates
(i) making an application under the National Energy Board Act (Canada) to operate or construct a pipeline, or
(ii) operating or constructing a pipeline;
"pipeline" has the same meaning as in the National Energy Board Act (Canada).
Section 9 (2) BEFORE amended by 2022-42-8 and 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(2) The commission's powers under section 8 do not include the power to issue an approval with respect to a pipeline that is subject to the National Energy Board Act (Canada).
Section 9 (3) and (4) (part) BEFORE amended by 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(3) Despite subsection (2), the Lieutenant Governor in Council may, by regulation, extend the commission's powers under section 8 to include the power to issue an approval under one or more specified enactments with respect to a pipeline referred to in subsection (2).
(4) If the commission's powers are extended as described in subsection (3) in relation to an approval under one or more specified enactments,
Section 9 (4) (a) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(a) section 8 applies respecting the applicable specified enactments in relation to the pipeline, whether or not the commission issued the approval,
Section 10 (1), (2) and (4) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) The minister may order an independent audit of the performance of the commission in fulfilling its purposes or exercising its powers and performing its functions and duties under this Act.
(2) The minister responsible for the Wildlife Act may order an independent audit of the performance of the commission in fulfilling its purposes or exercising its powers and performing its functions and duties under this Act in relation to the protection and effective management of the environment.
(4) If requested by an auditor appointed for the purposes of subsection (1) or (2), the commission must submit records in its possession that the auditor determines are relevant to the audit.
Section 11 (2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(2) The commission may pay to a person appointed as a member of an advisory committee remuneration and expense allowances at rates set by the minister.
Section 12 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
Inquiries and recommendations
12 (1) At the request of the Lieutenant Governor in Council, the commission must, at the places and times and in a manner the Lieutenant Governor in Council considers advisable,
(a) make inquiries, conduct investigations and prepare studies and reports on any matter within the scope of this Act, and
(b) recommend to the Lieutenant Governor in Council any measures the commission considers necessary or advisable in the public interest related to oil and gas activities.
(2) Subsection (1) does not apply to a matter that is before the commission.
Section 13 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Public Service Act and Public Service Labour Relations Act
13 (1) The Public Service Act and the Public Service Labour Relations Act do not apply to the commission or to its employees.
(2) Despite subsection (1), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, continues to apply to the commission and to its employees.
Section 14 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Financial administration
14 (1) The commission must establish and maintain an accounting system satisfactory to the Minister of Finance.
(2) The commission must prepare financial statements in accordance with generally accepted accounting principles.
(3) Whenever required by the Minister of Finance, the commission must provide detailed accounts of its revenues and expenditures for the period or to the date the Minister of Finance designates.
(4) All books or records of account, documents and other financial records of the commission are at all times open for inspection by the Minister of Finance or a person designated by the Minister of Finance.
(5) The Minister of Finance may direct the Comptroller General to examine and report to Treasury Board on any or all of the financial and accounting operations of the commission.
(6) The commission, with the approval of the Minister of Finance, may budget for a deficit in a fiscal year.
(7) The Minister of Finance, for the purposes of subsection (6), may grant an approval for one fiscal year or for any other number of fiscal years.
(8) The fiscal year of the commission is a period of 12 months beginning on April 1 in each year and ending on March 31 in the next year.
(9) The Minister of Finance is the fiscal agent of the commission.
Section 15 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Audit
15 Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the commission, an auditor appointed by the commission must, at least once for each fiscal year, audit and report on the accounts of the commission to the Executive Council through the minister and to the board, and the costs of the audit must be paid by the commission.
Section 16 (2) BEFORE amended by 2015-18-333, effective November 28, 2016 (BC Reg 216/2015).
(2) The Lieutenant Governor in Council, by order, may declare that certain provisions of the Business Corporations Act and Society Act apply to the commission.
Section 18 (2) (b) BEFORE amended by 2018-15-2, effective April 1, 2019 (BC Reg 62/2019).
(b) the gross revenue received from the tax under section 47, and
Section 18 (2) and (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(2) The Minister of Finance, out of the consolidated revenue fund, must pay to the commission
(a) the gross revenue received from the levies authorized under section 110,
(b) the gross revenue received from the levies authorized under section 47, and
(c) the gross revenue received from fees in relation to
(i) applications for and issuance of permits and the prescribed authorizations issued by the commission under this Act, and
(ii) fees prescribed under section 112 (1) (c).
(3) With the approval of Treasury Board, the minister may pay out of the consolidated revenue fund, on application by the commission, money required for the purposes of sections 12, 52 and 53.
Section 21 BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Permit required
21 Subject to section 23, a person must not carry out an oil and gas activity unless
(i) the person holds a permit that gives the person permission to carry out that oil and gas activity, or
(ii) the person is required to carry out that oil and gas activity by an order issued under section 49, and
(b) the person carries out the oil and gas activity in compliance with
(i) this Act and the regulations,
Section 22 (4) BEFORE amended by 2012-27-6, effective May 31, 2012 (Royal Assent).
(4) The commission, on written request, may exempt a person from the applicable consultation or notification requirements under subsection (3) and, on making an exemption, substitute other consultation or notification requirements than those prescribed for the purposes of subsection (3).
Section 22 (2) BEFORE amended by 2023-10-745, effective March 30, 2023 (Royal Assent).
(2) Before submitting an application under section 24, a person must notify the land owner of the land on which the person intends to carry out an oil and gas activity of the person's intention to submit the application, and the notice must advise the land owner that he or she may make a submission to the commission under subsection (5) of this section with respect to the application or proposed application.
Section 22 (2) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(2) Before submitting an application under section 24, a person must notify the land owner of the land on which the person intends to carry out an oil and gas activity of the person's intention to submit the application, and the notice must advise the land owner that the land owner may make a submission to the commission under subsection (5) of this section with respect to the application or proposed application.
Section 22 (3) BEFORE amended by 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
(3) Subject to subsection (4), before submitting an application under section 24, a prescribed applicant must carry out the prescribed consultations or provide the prescribed notices, or both, as applicable, with respect to the oil and gas activities and related activities, if any, that will be the subject of the prescribed applicant's application.
Section 22 (4) to (6) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(4) The commission, on written request, may exempt a person from one or more of the applicable consultation or notification requirements under subsection (3) and, on making an exemption, substitute other consultation or notification requirements than those prescribed for the purposes of subsection (3).
(5) A person, other than the applicant, may make a written submission to the commission with respect to an application or a proposed application under section 24.
(6) If a person makes a submission under subsection (5), the commission must send a copy of the submission to the applicant or to the person intending to apply for a permit, as the case may be.
Section 22 (3) BEFORE amended by 2018-54-3, effective July 22, 2024 (BC Reg 241/2024).
(3) Subject to subsection (4), before submitting an application under section 24, a prescribed applicant must carry out the prescribed consultations or provide the prescribed notices, or both, as applicable, with respect to the energy resource activities and related activities, if any, that will be the subject of the prescribed applicant's application.
Section 23 (5) (b) and (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(b) designated under section 967 of the Local Government Act or section 593 of the Vancouver Charter, or
(c) included under section 970.1 (3) (b) of the Local Government Act in a schedule to an official community plan.
Section 23 (5) (a) BEFORE amended by 2019-26-38, effective May 30, 2019 (Royal Assent).
(a) protected under section 13 of the Heritage Conservation Act,
Section 23 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) Before submitting an application under section 24 for a pipeline permit, a person may submit to the commission a preliminary plan of the proposed route of the pipeline.
Section 23 (2) (b) (i) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(i) provided the prescribed security to the commission to compensate the land owner or the Crown for any damage or disturbance that may be caused by the entry on the land by the person, or
Section 24 (4) BEFORE amended by 2014-10-3, effective April 9, 2014 (Royal Assent).
(4) A person may not submit an application for a permit to drill or operate a well, unless
Section 24 (3) BEFORE amended by 2015-40-5, effective March 20, 2018 (BC Reg 51/2018).
(3) Despite anything in a specified enactment, the commission may not grant an authorization to a person for a related activity unless the person holds, or has applied for, a permit for the oil and gas activity related to that related activity.
Section 24 (4) (c) BEFORE amended by 2022-42-11, effective November 24, 2022 (Royal Assent).
(c) the person is the holder of a storage reservoir lease issued under section 130 of the Petroleum and Natural Gas Act, or
Section 24 (1) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(1) Subject to subsection (4), a person may apply to the commission for a permit by submitting, in the form and manner the commission requires,
(a) a description of the proposed site of the oil and gas activity,
(b) the information, plans, application form and records required by the commission,
(c) a written report, satisfactory to the commission, regarding the results of the consultations carried out or notification provided under section 22, if any,
(d) the prescribed information,
Section 24 (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(3) Despite anything in a specified enactment, the commission may not grant an authorization to a person for a related activity unless the person meets the prescribed requirements.
Section 25 (4) BEFORE amended by 2014-10-4, effective April 9, 2014 (Royal Assent).
(4) If the commission issues a permit under subsection (1), the commission must provide notice, in accordance with subsection (5), to the land owner of the land on which an oil and gas activity is permitted to be carried out under the permit.
Section 25 (1.1) BEFORE amended by 2015-40-6, effective March 20, 2018 (BC Reg 51/2018).
(1.1) The Lieutenant Governor in Council, by regulation, may issue a direction to the commission with respect to the exercise of the commission's power under subsection (1), and the commission must comply with the direction despite any other provision of this Act, the regulations or an order made under this Act.
Section 25 BEFORE amended by 2022-42-62,Sch 3, 2022-42-63,Sch 4, 2022-42-64,Sch 5 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
Permits and authorizations issued by commission
25 (1) Subject to subsection (1.1), on application by a person under section 24 and after considering
(a) written submissions made under section 22 (5), if any, and
(b) the government's environmental objectives, if any have been prescribed for the purposes of this section,
the commission may issue a permit to the person if the person meets the requirements prescribed for the purposes of this section.
(1.1) The Lieutenant Governor in Council, by regulation, may issue a direction to the commission with respect to the exercise of the commission's power under section 8 or subsection (1) of this section, and the commission must comply with the direction despite any other provision of
(a) this Act, the regulations or an order made under this Act, or
(2) In issuing a permit under subsection (1), the commission
(a) must specify the oil and gas activities the person is permitted to carry out, and
(b) may impose any conditions on the permit that the commission considers necessary.
(3) A permit and any authorizations granted to the applicant for the permit may be issued as a single document.
(4) If the commission issues a permit under subsection (1), the commission must provide notice, in accordance with subsection (5), to the land owner of the land on which an operating area is located.
(5) A notice under subsection (4) must
(a) advise the land owner of the issuance of the permit and of the location of the proposed site of an oil and gas activity on the land owner's land, and
(b) state that the land owner may appeal under section 72 the decision to issue the permit, and include an address to which an appeal may be sent.
(6) A permit holder must not begin an oil and gas activity on a land owner's land before the expiry of 15 days from the day the permit was issued, unless the land owner consents in writing to the activity beginning before the expiry of that period.
Section 26 (7) BEFORE amended by 2014-10-5, effective April 9, 2014 (Royal Assent).
(7) If the commission refuses under subsection (1) to issue a permit, the commission must provide notice, in accordance with subsection (8), to the land owner of the land on which the applicant for the permit intended to carry out an oil and gas activity.
Section 26 (2) (part) BEFORE amended by 2018-15-3(b), effective May 17, 2018 (Royal Assent).
(2) Without limiting the authority of the commission under subsection (1), the commission may make a decision under subsection (1) if the applicant or permit holder does any of the following:
Section 26 BEFORE amended by 2022-42-62,Sch 3, 2022-42-64,Sch 5 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
Actions by commission respecting permit
26 (0.1) In this section, "associate", in relation to a permit holder or applicant, means any of the following, as applicable:
(a) an agent of the applicant or permit holder;
(b) a director, officer or shareholder of the applicant or permit holder;
(c) a person who, in the opinion of the commission,
(i) may have influence over the applicant or permit holder, or
(ii) may be able to affect the activities permitted by the permit.
(b) suspend a permit or a permission specified in a permit,
(c) cancel a permit or a permission specified in a permit, or
(2) Without limiting the authority of the commission under subsection (1), the commission may make a decision under subsection (1) if the applicant or permit holder, or an associate of the applicant or permit holder, does any of the following:
(a) contravenes or has contravened
(i) this Act, the regulations, a permit, an authorization or an order issued under this Act, or
(ii) the Petroleum and Natural Gas Act or regulations made under that Act;
(b) fails to meet or no longer meets any of the conditions of section 24 (4);
(c) fails to meet or no longer meets the requirements prescribed for the purposes of section 25 (1), if any;
(d) begins an oil and gas activity permitted by a permit but then fails to carry out or continue that oil and gas activity;
(e) engages in or has engaged in a pattern of conduct that shows, in the commissioner's opinion, that the person is unfit to have a permit;
(f) is or has been convicted of an offence under
(i) this Act or any other enactment, or
(ii) a law enacted by the government of Canada, another province of Canada or a foreign jurisdiction
for conduct that shows, in the commissioner's opinion, that the person is unfit to have a permit.
(3) Without limiting the authority of the commission under subsection (1), the commission may make a decision under subsection (1) with respect to an applicant or permit holder if the applicant or permit holder is an employer, employee, officer, director or agent of a
(a) permit holder against whom the commission has made a decision under subsection (1), or
(b) permit holder that has an employee, officer, director or agent against whom the commission has made a decision under subsection (1).
(4) Without limiting the authority of the commission under subsection (1), the commission may make a decision under subsection (1) with respect to a permit holder who holds more than one permit for any contravention by the permit holder of
(a) any of the permit holder's permits, or
(b) any order issued to the permit holder with respect to oil and gas activities permitted under any of the permit holder's permits.
(5) If the commission suspends or cancels a permit or a permission under subsection (1) (b) or (c), the commission may also suspend or cancel an authorization issued to the permit holder for a related activity of an oil and gas activity permitted by the permit, whether or not a specified enactment prohibits the suspension or cancellation of the authorization or requires the commission to make a finding other than the suspension or cancellation of a permit before suspending or cancelling an authorization.
(6) The commission must give a permit holder an opportunity to be heard before making a decision under subsection (1) (b), (c) or (d) or (5) and must notify the permit holder of its decision under any of those provisions.
(7) If the commission refuses under subsection (1) to issue a permit, the commission must provide notice, in accordance with subsection (8), to the land owner of the land notified by the applicant under section 22 (2).
(8) A notice under subsection (7) must advise the land owner
(a) that the commission has refused to issue a permit,
(b) that the applicant for the permit may, in relation to the refusal, request a review under section 70 or appeal under section 72, and
(c) that the land owner may, on request, be a party to an appeal referred to in paragraph (b).
Section 26 (4) (b) BEFORE amended by 2018-54-5(a), effective July 22, 2024 (BC Reg 241/2024).
(b) any order issued to the permit holder with respect to energy resource activities permitted under any of the permit holder's permits.
Section 26 (5) BEFORE amended by 2018-54-5(b), effective July 22, 2024 (BC Reg 241/2024).
(5) If the regulator suspends or cancels a permit or a permission under subsection (1) (b) or (c), the regulator may also suspend or cancel an authorization issued to the permit holder for a related activity of an energy resource activity permitted by the permit, whether or not a specified enactment prohibits the suspension or cancellation of the authorization or requires the regulator to make a finding other than the suspension or cancellation of a permit before suspending or cancelling an authorization.
Section 27 BEFORE amended by 2015-40-7, effective March 20, 2018 (BC Reg 51/2018).
Spent permit or permission
27 (1) The commission, on its own initiative or on application by a permit holder, may declare to be spent
(a) a permit, if the commission considers that the permit holder no longer requires the permit,
(b) a permission specified in a permit, if the commission considers that the permit holder no longer requires the permission, and
(c) despite anything in a specified enactment prohibiting the declaration, an authorization held by the permit holder, if the commission considers that the permit holder no longer requires the authorization.
(2) Before the commission makes a declaration under subsection (1) on its own initiative, the commission must give the permit holder an opportunity to be heard.
(3) If the commission declares a permit or permission or an authorization to be spent under subsection (1), the commission must provide written notice of that declaration to the permit holder or former permit holder.
Section 27 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Spent permit or permission
27 (1) The commission, on its own initiative or on application by a permit holder or authorization holder, may declare to be spent
(a) a permit, if the commission considers that the permit holder no longer requires the permit,
(b) a permission specified in a permit, if the commission considers that the permit holder no longer requires the permission, and
(c) despite anything in a specified enactment prohibiting the declaration, an authorization held by the permit holder or authorization holder, if the commission considers that the permit holder or authorization holder no longer requires the authorization.
(2) Before the commission makes a declaration under subsection (1) on its own initiative, the commission must give the permit holder or authorization holder an opportunity to be heard.
(3) If the commission declares a permit or permission or an authorization to be spent under subsection (1), the commission must provide written notice of that declaration to the permit holder, former permit holder, authorization holder or former authorization holder.
Section 28 (1) definition of "regulator" BEFORE repealed by 2022-42-12(a), effective September 1, 2023 (BC Reg 187/2023).
"regulator" means a person authorized to grant an approval under an applicable Act.
Section 28 (1) definition of "authority" was added by 2022-42-12(a), effective September 1, 2023 (BC Reg 187/2023).
Section 28 (3) BEFORE amended by 2022-42-12(b), effective September 1, 2023 (BC Reg 187/2023).
(3) If, but for subsection (2), a permit holder would not be entitled to carry out the activities referred to in subsection (2) (a) without obtaining an approval under an applicable Act, the regulator, on application made by the pipeline permit holder in accordance with the applicable Act, must grant the approval to the pipeline permit holder, but may impose, with respect to the carrying out of those activities, any conditions that the regulator is authorized to impose on the approval under the applicable Act.
Section 28 (2) (a) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(a) the commission, in a pipeline permit, may give permission to the pipeline permit holder to construct or operate a pipeline across, along, over or under any highway, road, public place, railway, underground communication or power line or another pipeline, and
Section 29 (3) BEFORE amended by 2015-40-8(b), effective March 20, 2018 (BC Reg 51/2018).
(3) A person to whom a permit is transferred under subsection (1)
(a) has the same rights and obligations as if the permit had been issued to that person, and
(b) if an authorization is transferred to that person, has the same rights and obligations as if the authorization had been issued to that person.
Section 29 (1) (part) BEFORE amended by 2018-15-4(a), effective May 17, 2018 (Royal Assent).
(1) On application in writing signed by both a permit holder and a person to whom the permit holder wants the permit to be transferred, the commission
Section 29 (1.1) BEFORE amended by 2018-15-4(b), effective May 17, 2018 (Royal Assent).
(1.1) On application in writing signed by both an authorization holder and a person to whom the authorization holder wants the authorization to be transferred, the commission may transfer, despite anything in a specified enactment prohibiting the transfer, the authorization to that person, subject to any conditions the commission considers necessary.
Section 29 (2) BEFORE amended by 2018-15-4(a), effective May 17, 2018 (Royal Assent).
(2) In deciding whether to grant an application under subsection (1), the commission may consider
(a) any of the matters referred to in section 26 (2) to (4), and
(b) any other matter that may be considered under a specified enactment,
as though the person to whom the permit holder wants the permit to be transferred were an applicant for the permit and an authorization referred to in subsection (1) (b) of this section.
Section 29 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Transfer of permit and authorizations
29 (1) On application in writing signed by both a permit holder and a person who wants to acquire the permit, the commission
(a) may transfer the permit to that person, subject to any conditions the commission considers necessary, and
(b) if the commission transfers the permit under paragraph (a), must transfer, despite anything in a specified enactment prohibiting the transfer, all authorizations issued to the permit holder for related activities of an oil and gas activity permitted by the permit.
(1.1) On application in writing signed by both an authorization holder and a person who wants to acquire the authorization, the commission may transfer, despite anything in a specified enactment prohibiting the transfer, the authorization to that person, subject to any conditions the commission considers necessary.
(1.2) Despite subsection (1), an application under that subsection is not required to be signed by the permit holder if
(a) the permit is cancelled under section 26, 33 or 43.3,
(b) the permit is declared to be spent under section 27,
(c) the permit relates to an orphan site under section 45, or
(d) the commission is satisfied that the permit holder no longer exists or cannot be located.
(2) In deciding whether to grant an application under subsection (1), the commission may consider
(a) any of the matters referred to in section 26 (2) to (4), and
(b) any other matter that may be considered under a specified enactment,
as though the person who wants to acquire the permit were an applicant for the permit and an authorization referred to in subsection (1) (b) of this section.
(2.1) Subsection (2) applies to a transfer under subsection (1.1).
(2.2) If the commission decides to grant an application under subsection (1) in relation to a permit described in subsection (1.2) (a) or (b), the permit is reinstated.
(2.3) If the commission decides to grant an application under subsection (1) in relation to a permit described in subsection (1.2) (c), the orphan site designation is cancelled.
(3) A person to whom a permit or authorization is transferred under subsection (1) or (1.1) has the same rights and obligations as if the permit or authorization had been issued to that person.
Section 29 (1) (b) BEFORE amended by 2018-54-6, effective July 22, 2024 (BC Reg 241/2024).
(b) if the regulator transfers the permit under paragraph (a), must transfer, despite anything in a specified enactment prohibiting the transfer, all authorizations issued to the permit holder for related activities of an energy resource activity permitted by the permit.
Section 30 BEFORE amended by 2014-10-6, effective April 9, 2014 (Royal Assent).
Required security
30 The commission may require a permit holder, an applicant for a permit or a transferee of a permit to provide security to the commission, in the amount the commission requires and in accordance with the regulations, to ensure the performance of an obligation under this Act, a permit or an authorization.
Section 30 BEFORE renumbered as section 30 (1) by 2015-40-9(a) and BEFORE amended by 2015-40-9(b), effective March 20, 2018 (BC Reg 51/2018).
Required security
30 The commission, by order or by imposition of a condition under section 25 (2) (b), may require a permit holder, an applicant for a permit or a transferee of a permit to provide security to the commission, in the amount the commission requires and in accordance with the regulations, to ensure the performance of an obligation under this Act, a permit or an authorization.
Section 30 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) The commission, by order or by imposition of a condition under section 25 (2) (b), may require a holder or applicant to provide security to the commission, in the amount the commission requires and in accordance with the regulations, to ensure the performance of an obligation under this Act, a permit or an authorization.
Section 31 (5) BEFORE amended by 2012-27-7, effective May 31, 2012 (Royal Assent).
(5) On receipt of an application under subsection (4), the commission may require the permit holder to carry out the prescribed consultations or provide the prescribed notices, as applicable, with respect to the proposed amendment.
Section 31 (1) and (9) BEFORE amended by 2014-10-7(a) and (b), effective April 9, 2014 (Royal Assent).
(1) Before submitting an application under subsection (4) for an amendment to a permit, a permit holder must provide notice to the land owner of the land on which an oil and gas activity is permitted to be carried out under the permit, and the notice must
(a) provide a description of the proposed amendment, and
(b) advise the land owner that he or she may make a submission to the commission under subsection (2).
(9) If the commission amends a permit under subsection (7) and the amendment changes the effect of the permit on the land of the land owner referred to in subsection (1), the commission must provide notice to the land owner in accordance with subsection (10).
Section 31 (10) (b) BEFORE amended by 2014-10-7, effective April 9, 2014 (Royal Assent).
(b) state that the land owner may appeal under section 72 the decision to amend the permit, and
Section 31 (9) BEFORE amended by 2015-40-10(b), effective November 17, 2015 (Royal Assent).
(9) If the commission amends a permit under subsection (7), the commission must provide notice to the land owner referred to in subsection (1) in accordance with subsection (10).
Section 31 (1) (b) BEFORE amended by 2023-10-745, effective March 30, 2023 (Royal Assent).
(b) advise the land owner that he or she may make a submission to the commission under subsection (2).
Section 31 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Amendment of permit
31 (1) Before submitting an application under subsection (4) for an amendment to a permit, a permit holder must provide notice to the land owner of the land on which an operating area is located, and the notice must
(a) provide a description of the proposed amendment, and
(b) advise the land owner that the land owner may make a submission to the commission under subsection (2).
(1.1) The commission may exempt a person or a class of persons from the requirement to provide notice under subsection (1) to a land owner or a class of land owners if the commission is satisfied that
(a) the activity respecting the proposed amendment would not be carried out on the land of the land owner or class of land owners, and
(b) the proposed amendment would not change the effect of the permit on the land of the land owner or class of land owners.
(2) A land owner who receives a notice under subsection (1) may make a written submission to the commission regarding the proposed amendment within 15 days of receiving the notice.
(3) If a land owner makes a submission under subsection (2), the commission must send a copy of the submission to the permit holder.
(4) After complying with subsection (1), a permit holder may apply to the commission for an amendment to the permit holder's permit by submitting an application in writing.
(5) On receipt of an application under subsection (4), the commission may require the permit holder to carry out one or more of the prescribed consultations or provide one or more of the prescribed notices, as applicable, with respect to the proposed amendment.
(6) A permit holder required to carry out consultations or provide notice under subsection (5) must submit a written report to the commission regarding the results of the consultations or notice.
(7) On receipt of an application under subsection (4) and after considering a submission made under subsection (2), if any, and the results of consultations carried out or notices provided under subsection (5), if any, the commission may amend the permit holder's permit or refuse to amend the permit.
(8) An amendment made under subsection (7) is effective on and after the day it is made, unless the amendment changes the effect of the permit on the land of the land owner referred to in subsection (1), in which case the amendment is effective on and after the earlier of the following:
(a) the 15th day following the day it is made;
(b) the day the permit holder obtains written consent from the land owner to treat the amendment as being in effect on and after the date the consent is given.
(9) If the commission amends a permit under subsection (7), the commission must provide notice to the land owner referred to in subsection (1) in accordance with subsection (10), unless notice was not required under subsection (1.1).
(10) A notice under subsection (9) must
(a) advise the land owner of the amendment,
(b) state that the land owner may appeal under section 72 the decision to amend the permit if the amendment changes the effect of the permit on the land of the land owner, and
(c) provide an address to which an appeal may be sent.
(11) If the commission refuses to amend a permit under subsection (7), the commission must provide to the land owner referred to in subsection (1) notice in accordance with subsection (12).
(12) A notice under subsection (11) must advise the land owner
(a) that the applicant for the amendment may, in relation to the refusal, request a review under section 70 or appeal under section 72, and
(b) that the land owner may, on request, be a party to an appeal referred to in paragraph (a).
Section 32 (3) BEFORE amended by 2012-27-8, effective May 31, 2012 (Royal Assent).
(3) On receipt of an application under subsection (2), the commission may require the permit holder to carry out the prescribed consultations or provide the prescribed notification with respect to the extension for which the application is made.
Section 32 (6) BEFORE amended by 2014-15-188, effective February 29, 2016 (BC Reg 35/2016).
(6) Despite anything in a specified enactment, if the commission grants an extension under subsection (5) for a period of time, the commission may also extend the term of an authorization referred to in subsection (1), other than an authorization under section 8 of the Water Act.
Section 32 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Expiration of permit and authorizations
32 (1) Subject to subsection (8), a permit and, despite anything in a specified enactment, any authorization issued to the permit holder for a related activity of an oil and gas activity permitted by the permit expire on the day after the prescribed period has elapsed if the permit holder has not by that day begun an oil and gas activity permitted by the permit.
(1.1) Despite anything in a specified enactment, an authorization issued to an authorization holder expires if the authorization holder has not applied for a permit before the prescribed period has elapsed.
(2) A permit holder, before the expiry of the permit holder's permit under subsection (1), may apply to the commission for an extension of the prescribed period with respect to the permit holder's permit and authorizations by submitting to the commission the information, application form and records required by the commission.
(3) On receipt of an application under subsection (2), the commission may require the permit holder to carry out one or more of the prescribed consultations or provide one or more of the prescribed notices with respect to the extension for which the application is made.
(4) A permit holder required to carry out consultations or provide notice under subsection (3) must submit a written report to the commission regarding the results of the consultations or notice.
(5) On application under subsection (2), the commission may
(a) extend by not more than one year the prescribed period with respect to the applicant's permit, and
(b) in granting an extension, impose additional conditions on the permit and the authorizations.
(6) Despite anything in a specified enactment, if the commission grants an extension under subsection (5) for a period of time, the commission may also extend the term of an authorization referred to in subsection (1), other than an authorization under section 10 [use approvals] of the Water Sustainability Act.
(7) An extension with respect to a permit holder's permit and authorizations may be granted under this section only once, unless the commission is satisfied there are special circumstances to justify one or more further extensions.
(8) Despite subsection (1), a permit or an authorization does not expire under that subsection if the commission grants an extension under subsection (5) with respect to the permit or the term of the authorization is extended under subsection (6).
Section 32 (1) BEFORE amended by 2018-54-7(a), effective July 22, 2024 (BC Reg 241/2024).
(1) Subject to subsection (8), a permit and, despite anything in a specified enactment, any authorization issued to the permit holder for a related activity of an energy resource activity permitted by the permit expire on the day after the prescribed period has elapsed if the permit holder has not by that day begun an energy resource activity permitted by the permit.
Section 33 (2) (b) BEFORE amended by 2015-40-12(b), effective March 20, 2018 (BC Reg 51/2018).
(b) despite anything in a specified enactment prohibiting the cancellation, cancel an authorization issued to the permit holder for a related activity of the oil and gas activity with respect to which the notice was submitted.
Section 33 (3) BEFORE amended by 2015-40-12(d), effective March 20, 2018 (BC Reg 51/2018).
(3) A cancellation under subsection (2) is effective on the date specified by the commission.
Section 33 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Surrender of permit or permission
33 (1) A permit holder may send a notice to the commission advising the commission of the permit holder's intention to surrender the permit or a permission specified in a permit.
(1.1) An authorization holder may send a notice to the commission advising the commission of the authorization holder's intention to surrender the authorization.
(2) On receipt of a notice under subsection (1), the commission may
(a) cancel the permit holder's permit or permission, as the case may be, and
(b) despite anything in a specified enactment, cancel an authorization issued to the permit holder for a related activity of the oil and gas activity with respect to which the notice was submitted.
(2.1) On receipt of a notice under subsection (1.1), the commission, despite anything in a specified enactment, may cancel the authorization.
(3) A cancellation under subsection (2) or (2.1) is effective on the date specified by the commission.
Section 33 (2) (b) BEFORE amended by 2018-54-8, effective July 22, 2024 (BC Reg 241/2024).
(b) despite anything in a specified enactment, cancel an authorization issued to the permit holder for a related activity of the energy resource activity with respect to which the notice was submitted.
Section 34 (5) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(5) On application by a specified permit holder, the commission may authorize, on any conditions the commission considers appropriate, an expropriation, in accordance with the Expropriation Act, that exceeds the breadth specified in subsection (4).
Section 34 (2) (part) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(2) Subject to sections 23 and 39 and subsection (3) of this section, a permit holder must not begin or carry out an oil and gas activity on or under an area of land unless the permit holder,
Section 34 (2) (part) BEFORE amended by 2018-54-9, effective July 22, 2024 (BC Reg 241/2024).
(2) Subject to sections 23 and 39 and subsection (3) of this section, a permit holder must not begin or carry out an energy resource activity on or under an area of land unless the permit holder,
Section 35 (1) (part) BEFORE amended by 2015-40-13, effective March 20, 2018 (BC Reg 51/2018).
(1) In carrying out oil and gas activities and related activities, a permit holder or a person entering land under section 23 must minimize
Section 35 (1) (part) and (2) BEFORE amended by 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
(1) In carrying out oil and gas activities and related activities, a permit holder, an authorization holder or a person entering land under section 23 must minimize
(2) A pipeline permit holder must make reasonable efforts to ensure that its oil and gas activities do not prevent access to or use of a highway, road, railway or public place.
Section 35 (1) (part) BEFORE amended by 2018-54-3, effective July 22, 2024 (BC Reg 241/2024).
(1) In carrying out energy resource activities and related activities, a permit holder, an authorization holder or a person entering land under section 23 must minimize
Section 36 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Environmental protection and management
36 (1) A permit holder and a person carrying out an oil and gas activity must comply with environmental measures established under the authority of a regulation made under section 104.
(2) Subject to regulations made under section 98, the commission, by order, may exempt, on any conditions the commission considers necessary, a permit holder or a person carrying out an oil and gas activity from a requirement imposed by regulation under section 103.
Section 36 (1) and (2) BEFORE amended by 2018-54-9, effective July 22, 2024 (BC Reg 241/2024).
(1) A permit holder and a person carrying out an energy resource activity must comply with environmental measures established under the authority of a regulation made under section 104.
(2) Subject to regulations made under section 98, the regulator, by order, may exempt, on any conditions the regulator considers necessary, a permit holder or a person carrying out an energy resource activity from a requirement imposed by regulation under section 103.
Section 37 (1) (part) BEFORE amended by 2015-40-14(a), effective March 20, 2018 (BC Reg 51/2018).
(1) A permit holder and a person carrying out an oil and gas activity must
Section 37 (2) (part) BEFORE amended by 2015-40-14(b), effective March 20, 2018 (BC Reg 51/2018).
(2) If spillage occurs, a permit holder or person carrying out an oil and gas activity must promptly do all of the following:
Section 37 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Spillage
37 (1) A permit holder, an authorization holder and a person carrying out an oil and gas activity must
(b) promptly report to the commission any damage or malfunction likely to cause spillage that could be a risk to public safety or the environment.
(2) If spillage occurs, a permit holder, an authorization holder or person carrying out an oil and gas activity must promptly do all of the following:
(a) remedy the cause or source of the spillage;
(b) contain and eliminate the spillage;
(c) remediate any land or body of water affected by the spillage;
(d) if the spillage is a risk to public safety or the environment, report to the commission
(i) the location and severity of the spillage, and
(ii) any damage or malfunction causing or contributing to the spillage.
(3) A person who is aware that spillage is occurring or likely to occur must make reasonable efforts to prevent or assist in containing or preventing the spillage.
Section 37 (1) (part) and (2) (part) BEFORE amended by 2018-54-9, effective July 22, 2024 (BC Reg 241/2024).
(1) A permit holder, an authorization holder and a person carrying out an energy resource activity must
(2) If spillage occurs, a permit holder, an authorization holder or person carrying out an energy resource activity must promptly do all of the following:
Section 38 (1) BEFORE amended by 2015-40-15(a) and (b), effective March 20, 2018 (BC Reg 51/2018).
(1) A permit holder must do all of the following:
(a) prepare and maintain the prescribed records, reports and plans;
(b) prepare and maintain an emergency response program and a response contingency plan satisfactory to the commission or as prescribed by regulation, if any;
(c) prepare and maintain the records, reports and plans the commission orders the permit holder to maintain;
(d) at the request of the commission, produce the records, reports and plans referred to in paragraph (a), (b) or (c) for inspection and copying;
(e) at the request of the commission or as prescribed by regulation, submit to the commission, in the form and manner the commission requires, the records, reports and plans referred to in paragraph (a), (b) or (c).
Section 38 (2) BEFORE repealed by 2015-40-15(c), effective March 20, 2018 (BC Reg 51/2018).
(2) The commission must disclose records, reports and plans to the public in accordance with the regulations.
Section 38 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Records, reports and plans
38 (1) A permit holder and an authorization holder must do all of the following:
(a) prepare and maintain the prescribed records, reports and plans;
(b) prepare and maintain an emergency response program and a response contingency plan satisfactory to the commission or as prescribed by regulation, if any;
(c) prepare and maintain the records, reports and plans the commission orders the permit holder or authorization holder to maintain;
(d) at the request of the commission, produce the records, reports and plans referred to in paragraph (a), (b) or (c) for inspection and copying;
(e) at the request of the commission or as prescribed by regulation, submit to the commission, in the form and manner the commission requires, the records, reports and plans referred to in paragraph (a), (b) or (c).
Section 39 (3) (a) (iii) BEFORE amended by 2022-42-11, effective November 24, 2022 (Royal Assent).
(iii) to hold a storage reservoir lease issued under section 130 of the Petroleum and Natural Gas Act, or
Section 39 (1) BEFORE amended by 2022-42-62,Sch 3, 2022-42-64,Sch 5 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
(1) If a permit holder begins an oil and gas activity but ceases to have the interests in land or authorization referred to in section 34 necessary to carry out that activity, the permit holder must immediately suspend all oil and gas activities and related activities being carried out on that land, unless the commission approves the continuation of those activities under subsection (2).
Section 39 (2) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
(2) The commission, on application by a permit holder referred to in subsection (1), may
(a) approve the continuation of the permit holder's oil and gas activities and related activities, and
(b) on granting an approval under paragraph (a), impose additional conditions on the permit holder's permit and authorizations, if any.
Section 39 (4) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(4) A permit holder who suspends activities under subsection (1) or (3) must
(a) immediately notify the commission of the suspension,
Section 40 BEFORE amended by 2015-40-17, effective March 20, 2018 (BC Reg 51/2018).
Obligations when permit, permission or authorization expires or is cancelled or spent
40 If a permit, a permission specified in a permit or an authorization
(a) is cancelled under section 26 or 33,
(b) is declared to be spent under section 27, or
the permit holder or former permit holder, as the case may be, must
(d) unless otherwise ordered by the commission, perform each obligation imposed
(i) in relation to the permit, permission or authorization under this Act or a specified enactment, and
(ii) under the permit or authorization
that has not been performed by the date of the cancellation, declaration or expiry,
(e) comply with the prescribed requirements, and
(f) carry out any other actions for the purposes of restoration or the protection of public safety that the commission orders the permit holder or former holder to carry out.
Section 40 (d) (part) and (f) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(d) unless otherwise ordered by the commission, perform each obligation imposed
(f) carry out any other actions for the purposes of restoration or the protection of public safety that the commission orders the permit holder, former permit holder, authorization holder or former authorization holder to carry out.
Section 41 (2) (part) BEFORE amended by 2019-19-45, effective February 1, 2021 (BC Reg 161/2020).
(2) On application by a person under subsection (1), the commission, subject to section 43, may issue to the person a certificate of restoration certifying, on the basis of the information known to the commission at the time of certification, that the commission is satisfied
Section 41 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Certificate of restoration
41 (1) A person, other than a person in a prescribed class of persons, to whom
(a) section 40 (a) or (b) applies, or
(b) an order has been issued under section 49
may apply to the commission for a certificate of restoration by submitting, in the form and manner the commission requires, the information and other records required by the commission.
(2) On application by a person under subsection (1), the commission may issue to the person a certificate of restoration certifying, on the basis of the information known to the commission at the time of certification, that the commission is satisfied
(a) in the case of an application by a person referred to in subsection (1) (a), that the person has complied with section 40 (d) to (f), or
(b) in the case of an application by a person referred to in subsection (1) (b), that the person has complied with the order referred to in that subsection.
(3) The issuance of a certificate of restoration does not relieve a person from any obligations under section 40 or under an order referred to in subsection (1) (b) of this section in respect of any matter that was not known to the commission at the time the certificate of restoration was issued.
Section 42 BEFORE amended by 2015-40-18, effective March 20, 2018 (BC Reg 51/2018).
Continuing liability
42 A cancellation, declaration or expiry referred to in section 40 or the issuance of a certificate of restoration under section 41 does not affect or relieve the permit holder or former permit holder from
(a) the consequences of any contravention or offence or any related fine, imprisonment, fee, charge or penalty, if the contravention or offence occurred before the cancellation, declaration or expiry, or
(b) any liability imposed on the permit holder or former permit holder under a specified enactment.
Section 42 (a) BEFORE amended by 2018-15-6(b), effective May 17, 2018 (Royal Assent).
(a) the consequences of any contravention or offence or any related fine, imprisonment, fee, charge or penalty, if the contravention or offence occurred before the cancellation, declaration or expiry, or
Section 43 BEFORE repealed by 2019-19-46, effective February 1, 2021 (BC Reg 161/2020).
Environmental Management Act requirements must be met
43 (1) This section applies to an application for a certificate of restoration under section 41.
(2) The commission may not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the commission has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the commission is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the commission has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the commission has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the commission has received notice from a director under the Environmental Management Act that the commission may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the commission has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the commission has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the commission has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
Part 3, Division 2.1, sections 43.01 to 43.12, was enacted by 2022-42-14, effective September 1, 2023 (BC Reg 187/2023).
Part 3.1, sections 43.1 to 43.4, was enacted by 2018-15-7, effective March 29, 2019 (BC Reg 62/2019).
Section 43.1 definitions of "dormant site" and "portfolio" BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
"dormant site" means a site of an oil and gas activity that is a dormant site in accordance with the regulations;
"portfolio", in relation to a permit holder, means all of the sites of an oil and gas activity that are sites for which the permit holder holds a permit;
Section 43.4 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Liability reduction plan
43.4 (1) Sections 43.2 and 43.3 do not apply in relation to a site of an oil and gas activity if the site is subject to an approved liability reduction plan.
(2) Subject to the regulations, a permit holder may submit to the commission a plan to reduce the permit holder's shutdown obligations in relation to one or more sites.
(3) The commission may approve a liability reduction plan.
(4) An approved liability reduction plan is an order of the commission.
(5) Without limiting any other power of the commission, if a permit holder does not comply with an approved liability reduction plan, the commission may revoke the approval of that plan.
Section 44 definitions of "former permit holder", "interest holder" and "parties" were added by 2014-10-8, effective April 9, 2014 (Royal Assent).
Section 44 definition of "former permit holder", paragraph (a) BEFORE amended by 2018-15-8, effective March 29, 2019 (BC Reg 62/2019).
Section 44 definition of "interest holder" BEFORE repealed by 2022-42-15(a), effective September 1, 2023 (BC Reg 187/2023).
"interest holder", in relation to a permit, means a person who is the owner of the petroleum and natural gas rights or is the holder of the location;
Section 44 definition of "parties" BEFORE amended by 2022-42-15(b), effective September 1, 2023 (BC Reg 187/2023).
"parties" means a permit holder, a former permit holder and an interest holder;
Section 44 definitions of "principal" and "responsible person" were added by 2022-42-15(c), effective September 1, 2023 (BC Reg 187/2023).
Section 45 (2) (a) BEFORE amended by 2014-10-9, effective April 9, 2014 (Royal Assent).
(a) a well, facility or pipeline if
(i) the operator with respect to the well, facility or pipeline is insolvent, or
(ii) the commission has not been able to identify the operator of the well, facility or pipeline, or
Section 45 (6) and (7) BEFORE amended by 2014-10-9, effective April 9, 2014 (Royal Assent).
(6) For the purposes of subsection (2), an operator must be considered to be insolvent if the operator files for protection under the Companies' Creditors Arrangement Act (Canada) or is a bankrupt or an insolvent person under the Bankruptcy and Insolvency Act (Canada).
(7) If the commission restores an orphan site, the costs paid out of the fund in respect of that orphan site are a debt payable by the operator referred to in subsection (2) to the commission and the commission has a right of action against the operator for the recovery of that debt.
Section 45 (2) (a) (ii) BEFORE amended by 2018-15-9(a), effective May 17, 2018 (Royal Assent).
(ii) the commission has not been able to identify the permit holder or former permit holder in respect to the well, facility, pipeline, or oil and gas road, or
Section 45 (2) (b) BEFORE amended by 2018-15-9(b), effective May 17, 2018 (Royal Assent).
(b) an area, if the commission is satisfied that the area requires restoration as a direct or indirect result of the carrying out of an oil and gas activity by a person the commission has not been able to identify or by a person who is insolvent.
Section 45 (4) (c) BEFORE amended by 2018-15-9(c), effective May 17, 2018 (Royal Assent).
(c) money recovered or received by the commission under subsection (7) of this section and section 46 (4);
Section 45 (7) BEFORE amended by 2018-15-9(e), effective May 17, 2018 (Royal Assent).
(7) If the commission restores an orphan site, the costs paid out of the fund in respect of that orphan site are a debt payable by the parties, jointly and severally, to the commission and the commission has a right of action against the parties for the recovery of that debt.
Section 45 BEFORE amended by 2022-42-17, 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
Reclamation of orphan sites
45 (1) The commission may restore orphan sites.
(2) The commission may designate as an orphan site
(a) a well, facility, pipeline, or oil and gas road if
(i) the permit holder or former permit holder with respect to the well, facility, pipeline, or oil and gas road is insolvent, or
(ii) the commission has not been able to identify the permit holder or former permit holder in respect to the well, facility, pipeline, or oil and gas road or is satisfied that that permit holder or former permit holder no longer exists or cannot be located, or
(b) an area, if the commission is satisfied that the area requires restoration as a direct or indirect result of the carrying out of an oil and gas activity by
(i) a person who is insolvent, or
(ii) a person the commission has not been able to identify or is satisfied no longer exists or cannot be located.
(3) The fund held by the commission under section 6.2 of the former Act is continued, and the purposes of the fund are to provide money as follows:
(a) to pay the costs of restoration in respect of orphan sites;
(b) to pay costs incurred in pursuing reimbursement for the costs referred to in paragraph (a) from the person responsible for paying them;
(c) to pay any other costs directly related to the operations of the commission in respect of the fund;
(d) to pay compensation for the purposes of section 46.
(4) The following must be deposited to the credit of the fund:
(a) money paid to the commission under section 18 (2) (b);
(b) money borrowed to meet any deficit in the fund;
(c) money recovered or received by the commission under subsection (7) of this section;
(c.1) money received by the commission specifically for a purpose set out in subsection (3);
(d) any interest or other income of the fund.
(4.1) For certainty, nothing in this section prevents the commission from depositing money not described in subsection (4) to the credit of the fund.
(5) The commission may do one or more of the following:
(a) pay money from the fund for any of the purposes referred to in subsection (3) in accordance with any regulations made for the purposes of this section and section 46;
(b) from the fund, repay any money borrowed by the commission for the purposes of the fund;
(c) determine the date on which an orphan site has been satisfactorily restored.
(6) For the purposes of subsection (2), a permit holder or former permit holder must be considered to be insolvent if the permit holder or former permit holder files for protection under the Companies' Creditors Arrangement Act (Canada) or is a bankrupt or an insolvent person under the Bankruptcy and Insolvency Act (Canada).
(7) If the commission restores an orphan site, the costs paid out of the fund in respect of that orphan site are a debt payable by the parties, jointly and severally, to the commission and the commission has a right of action against the parties for the recovery of that debt and may issue and file a certificate under section 93.1 (1) naming any of them.
(8) For the purpose of restoring an orphan site, the commission has the same powers as it has under sections 53 and 57.
Section 45 (2) (b) (part) BEFORE amended by 2018-54-9, effective July 22, 2024 (BC Reg 241/2024).
(b) an area, if the regulator is satisfied that the area requires restoration as a direct or indirect result of the carrying out of an energy resource activity by
Section 45.1 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Reclamation of orphan sites — use of security
45.1 Despite section 45, if the commission receives money from the realization of security provided under section 30 in relation to an orphan site,
(a) the commission must deposit the money received to the credit of the fund,
(b) if applicable, the debt under section 45 (7) in relation to the orphan site is reduced by the amount of the money received, and
(c) subject to and in accordance with the regulations, the commission must, if the commission determines under section 45 (5) (c) that the orphan site has been satisfactorily restored, repay from the fund the portion, if any, of the money received that exceeds the sum of
(i) the debt under section 45 (7) in relation to the orphan site, and
(ii) the costs, estimated by the commission, of continuing to manage the orphaned site.
Section 46 (1) and (4) BEFORE amended by 2014-10-10, effective April 9, 2014 (Royal Assent).
(1) On application by a land owner on whose land the commission expends money in accordance with section 45, the commission may make payments from the fund to compensate the land owner for the loss of use of his or her land as a result of the failure by the operator referred to in section 45 (2) to restore the land, subject to the maximums, conditions and limitations prescribed by regulation.
(4) If the commission provides compensation to a land owner, the commission has a right of action against the operator for the recovery of the amount paid in compensation.
Section 46 (4) BEFORE repealed by 2018-15-11, effective May 17, 2018 (Royal Assent).
(4) If the commission provides compensation to a land owner, the compensation is a debt payable by the parties, jointly and severally, to the commission and the commission has a right of action against the parties for the recovery of that debt.
Section 46 (1) BEFORE amended by 2023-10-746, effective March 30, 2023 (Royal Assent).
(1) On application by a land owner on whose land the commission expends money in accordance with section 45, the commission may make payments from the fund to compensate the land owner for the loss of use of his or her land as a result of the failure by the permit holder or former permit holder referred to in section 45 (2) to restore the land, subject to the maximums, conditions and limitations prescribed by regulation.
Section 46 (1) to (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) On application by a land owner on whose land the commission expends money in accordance with section 45, the commission may make payments from the fund to compensate the land owner for the loss of use of the land owner's land as a result of the failure by the permit holder or former permit holder referred to in section 45 (2) to restore the land, subject to the maximums, conditions and limitations prescribed by regulation.
(2) In determining the amount of compensation to be paid to a land owner under subsection (1), the commission may consider any payments due to the land owner or a previous land owner under a surface lease with respect to the site.
(3) Before it compensates a land owner under subsection (1), the commission may require as a condition of compensation that the land owner assign to the commission the land owner's rights, if any, to overdue payments under a surface lease.
Section 47 BEFORE re-enacted by 2018-15-12, effective April 1, 2019 (BC Reg 62/2019).
Orphan site restoration tax
47 (1) For the raising of revenue for the purposes of the fund, a producer must pay to the government a tax as determined under subsection (2), unless the operation of the tax is suspended by a regulation made under section 100 (2) (d).
(2) The tax under subsection (1) must be paid by a producer at the following rates:
(a) $0.03 per 1 000 cubic metres of marketable gas produced by the producer in a production month;
(b) $0.06 per cubic metre of petroleum produced by the producer in a production month.
(3) Subject to subsection (4), sections 73 (4) and 74 to 77 of the Petroleum and Natural Gas Act apply to the tax under this section as if it were a royalty under those sections of that Act.
(4) If there is a conflict between a regulation made under section 100 of this Act and sections 73 (4) and 74 to 77 of the Petroleum and Natural Gas Act or the regulations made under those sections of that Act, the regulation made under this Act prevails.
(5) The commission must provide to a producer a notice of the tax payable by that producer under this section.
(6) A notice required under subsection (5) may be provided to a producer by including the notice in an invoice sent to the producer in respect of a levy payable under regulations made under section 110 (a) of this Act.
(7) A producer must pay the tax by the date specified under the regulations.
(8) A producer who fails to pay the tax by the date specified under the regulations must pay to the government penalties set by regulation.
Section 47 (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(3) For the purposes of subsection (2), the liability of a permit holder is the cost, estimated by the commission, to the permit holder of compliance with section 40 (d) to (f) in relation to all of the permits and authorizations held by the permit holder.
Section 48 (1) (c) (ii) BEFORE amended by 2012-27-9, effective May 31, 2012 (Royal Assent).
(ii) an authorization issued by the commission under section 9;
Section 48 (1) BEFORE amended by 2014-15-189, effective February 29, 2016 (BC Reg 35/2016).
(a) a reference to "the Act" is to be read as a reference to both this Act and the specified enactments, other than the Environmental Management Act and the Water Act;
(b) a reference to "the regulations" is to be read as a reference to both the regulations made under this Act and to the regulations made under the specified enactments, other than the Environmental Management Act and the Water Act;
(c) a reference to an authorization does not include the following:
(i) an authorization under the Environmental Management Act or the Water Act issued by the commission under section 8 of this Act;
(ii) an approval, as defined in section 9 of this Act and as issued by the commission under that section, under the Environmental -Management Act or the Water Act;
(d) a reference to a related activity does not include a related activity under the Environmental Management Act or the Water Act.
Section 48 (1) (a) BEFORE amended by 2018-15-13, effective May 17, 2018 (Royal Assent).
(a) a reference to "the Act" is to be read as a reference to both this Act and the specified enactments, other than the Environmental Management Act and the Water Sustainability Act;
Section 48 (1) (c) BEFORE amended by 2022-42-20, effective September 1, 2023 (BC Reg 187/2023).
(c) a reference to an authorization does not include the following:
(i) an authorization under the Environmental Management Act or the Water Sustainability Act issued by the commission under section 8 of this Act;
(ii) an approval, as defined in section 9 of this Act and as issued by the commission under that section, under the Environmental Management Act or the Water Sustainability Act;
Section 49 (1) BEFORE amended by 2018-15-14(a) and (b), effective May 17, 2018 (Royal Assent).
(1) An official may, in writing, issue to a person carrying out an oil and gas activity or a related activity an order under this section with respect to those activities or any of the person's obligations under the Act or the regulations or the person's permit or authorization, if any, if, in the opinion of the official,
(a) the person fails to comply with the Act, the regulations, a previous order made under the Act, or the person's permit or authorization, or
(i) to mitigate a risk to public safety,
(ii) to protect the environment, or
(iii) to promote the conservation of petroleum and natural gas resources.
Section 49 (4) (b) BEFORE amended by 2018-15-14(d), effective May 17, 2018 (Royal Assent).
(b) that a person remedy a failure referred to in subsection (1) (a);
Section 49 (2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(2) An official may issue an order to a person under subsection (1) with respect to an act or omission by the person whether or not the commission has made a finding under section 62 with respect to that act or omission.
Section 49 (4) (f) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(f) that a person conduct tests, take samples, conduct analyses and submit records and information to the commission;
Section 49 (1) (a) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(a) a person carrying out an oil and gas activity or a related activity, with respect to those activities or any of the person's obligations under the Act or the regulations,
Section 49 (4) (d) and (e) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(d) that a person suspend or resume an oil and gas activity or any aspect of an oil and gas activity;
(e) that a person use a specified method to carry out an oil and gas activity;
Section 49 (1) (a) BEFORE amended by 2018-54-11, effective July 22, 2024 (BC Reg 241/2024).
(a) a person carrying out an energy resource activity or a related activity, with respect to those activities or any of the person's obligations under the Act or the regulations,
Section 49 (4) (d) and (e) BEFORE amended by 2018-54-12, effective July 22, 2024 (BC Reg 241/2024).
(d) that a person suspend or resume an energy resource activity or any aspect of an energy resource activity;
(e) that a person use a specified method to carry out an energy resource activity;
Section 49.1 (1) (part) and (2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) The commission may, by order related to a specific location, well or area, do any or all of the following:
(2) After an order is made under subsection (1), the commission must publish notice of the order as prescribed.
Section 50 (1) (part) BEFORE amended by 2022-42-21, effective November 24, 2022 (Royal Assent).
(1) If an official issues an order under section 49 (1) and the person to whom the order was issued has not complied with the order by the date specified in the order under section 49 (3) (c), the commission may do one or more of the following:
Section 50 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) If a person to whom an order is issued under section 40 (f) or 49 (1) has not complied with the order by the date specified in the order, the commission may do one or more of the following:
(a) by order in writing, restrict or prohibit the person from carrying out an action referred to in the order;
(b) after giving the person an opportunity to be heard, carry out an action referred to in the order;
(c) by order in writing, require the person to pay to the commission the amount of all direct and indirect costs the commission determines were reasonably incurred in carrying out the action referred to in paragraph (b).
Section 51 (1) and (2) BEFORE amended by 2022-42-22 and 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) An official, by order, may restrict or prohibit, in a manner prescribed by regulation, access to a public area, including a highway, road, resource road, and railway, if the official is of the opinion that the restriction or prohibition is necessary because of hazardous conditions resulting from an oil and gas activity.
(2) If an official issues an order under subsection (1), the commission must confirm the order in writing within 24 hours or the order ceases to be effective.
Section 52 BEFORE amended by 2015-40-19, effective March 20, 2018 (BC Reg 51/2018).
Emergency measures regarding spillage
52 (1) An official may, in the case of an emergency,
(a) enter on any land or body of water and do the things the official considers necessary to implement and carry out measures to contain and eliminate spillage, and
(ii) the use of any person's equipment and the operator of that equipment,
to assist in the implementation or carrying out of measures to contain and eliminate spillage.
(2) The commission may reimburse a permit holder or person referred to in subsection (1) (b) for costs or expenses incurred as a result of an order issued under that subsection if the permit holder or person is not, in the commission's opinion, responsible for the spillage or for the likely source or cause of the spillage.
(3) If costs or expenses are incurred by the commission in implementing or carrying out measures to contain and eliminate spillage or making a reimbursement under subsection (2), the commission may do one or more of the following:
(a) take, deal with and dispose of the spillage, subject to section 55;
who the commission believes is responsible for the spillage or for the likely source or cause of the spillage to pay the costs and expenses, or a part of them;
(c) order the permit holder or person referred to in paragraph (b) to indemnify the commission for costs or expenses paid by the commission;
(d) for the purpose of paragraph (b) or (c), direct the manner of payment or indemnification.
Section 52 BEFORE amended by 2018-15-15, effective June 26, 2018 (BC Reg 131/2018).
Emergency measures regarding spillage
52 (1) An official may, in the case of an emergency,
(a) enter on any land or body of water and do the things the official considers necessary to implement and carry out measures to contain and eliminate spillage, and
(i) any permit holder or authorization holder, and
(ii) the use of any person's equipment and the operator of that equipment,
to assist in the implementation or carrying out of measures to contain and eliminate spillage.
(2) The commission may reimburse a person for costs or expenses incurred as a result of an order issued under subsection (1) if the person is not, in the commission's opinion, responsible for the spillage or for the likely source or cause of the spillage.
(3) If costs or expenses are incurred by the commission in implementing or carrying out measures to contain and eliminate spillage or making a reimbursement under subsection (2), the commission may do one or more of the following:
(a) take, deal with and dispose of the spillage, subject to section 55;
(b) order the person who the commission believes is responsible for the spillage or for the likely source or cause of the spillage to pay the costs and expenses, or a part of them;
(c) order the person referred to in paragraph (b) to indemnify the commission for costs or expenses paid by the commission;
(d) for the purpose of paragraph (b) or (c), direct the manner of payment or indemnification.
Section 52 (2) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(2) The commission may reimburse a person for costs or expenses incurred as a result of an order issued under subsection (1) if the person is not, in the commission's opinion, responsible for the emergency or for any related spillage or the likely source or cause of that spillage.
Section 52 (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(3) If costs or expenses are incurred by the commission in implementing or carrying out measures referred to in subsection (1) (a) or making a reimbursement under subsection (2), the commission may do one or more of the following:
(a) take, deal with and dispose of the spillage, subject to section 55;
(b) order the person who the commission believes is responsible for the emergency or for any related spillage or the likely source or cause of that spillage to pay the costs and expenses, or a part of them;
(c) order the person referred to in paragraph (b) to indemnify the commission for costs or expenses paid by the commission;
(d) for the purpose of paragraph (b) or (c), direct the manner of payment or indemnification.
Section 53 (1) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
(1) If, in the commissioner's opinion,
(a) a permit holder has engaged in a pattern of conduct that shows that the person is unfit to carry out the oil and gas activities permitted by the permit holder's permit, and
(b) there is a risk to public safety, the environment or petroleum and natural gas resources,
the commission may
(c) enter, seize and take control of any well, pipeline, facility or storage reservoir together with any associated chattel and fixture and any pertinent records,
(d) either discontinue all activity or take over the management and control of the well, pipeline, facility or storage reservoir,
(e) take the steps the commission considers necessary
(i) to prevent the flow or release of petroleum, natural gas or other substances from any stratum that a well enters, including plugging a well at any depth, or
Section 53 (2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(2) If the commission takes control of a well, pipeline, facility or storage reservoir,
(a) the commission may issue orders concerning the well, pipeline, facility or storage reservoir to
(ii) an officer, employee, agent and contractor of the permit holder operating the well, pipeline, facility or storage reservoir,
and, if the commission issues an order to a person referred to in either subparagraph (i) or (ii), the order applies to both the person referred to in subparagraph (i) and the persons referred to in subparagraph (ii), and
(b) subject to section 55, the commission may take, deal with and dispose of all petroleum, natural gas or other substances from the well, pipeline, facility or storage reservoir.
Section 54 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Use of proceeds
54 From the proceeds of spillage disposed of under section 52 (3) (a) or of petroleum, natural gas or other substances disposed of under section 53 (2) (b), the commission
(a) must pay royalties owed with respect to the petroleum or natural gas under Part 10 of the Petroleum and Natural Gas Act, and
(b) after making the payments referred to in paragraph (a), may pay
(i) costs and expenses incurred as a result of proceedings taken under section 52 or 53, as applicable, and
(ii) costs and expenses of carrying out investigations and conservation measures that the commission considers necessary in connection with the exercise of its powers under section 52 or 53.
Section 55 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Payment into court
55 The net proceeds of spillage disposed of under section 52 (3) (a) or of petroleum, natural gas or other substances disposed of under section 53 (2) (b) remaining after payment of the costs and expenses under section 54 must be paid by the commission into the Supreme Court, and must be paid out to the persons and in the amounts as may be determined by the court on application of a person claiming to be entitled to any of the proceeds.
Section 56 BEFORE re-enacted by 2015-40-20, effective November 17, 2015 (Royal Assent).
Statutory immunity
56 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the government, the commissioner, the commission, an official or the commission's directors or employees because of anything done or omitted
(a) in the performance or intended performance of a duty under sections 50 to 53, or
(b) in the exercise or intended exercise of a power under sections 50 to 53.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
Section 56 (2) (part) and (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against the government or the commission because of anything done or omitted
(3) Subsections (1) and (2) do not apply to a person referred to in subsection (1), the government or the commission in relation to anything done or omitted in bad faith.
Section 56 (1) (part) BEFORE amended by 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(1) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against the commissioner, an official or the commission's directors or employees because of anything done or omitted
Section 57 (2) (a) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(a) the land or premises is the site of an oil and gas activity or a related activity that is regulated under the Act or the regulations or is carried on by a person who is required under this Act to hold a permit or an authorization to carry out that activity, or
Section 57 (2) (a) BEFORE amended by 2018-54-11, effective July 22, 2024 (BC Reg 241/2024).
(a) the land or premises is the site of an energy resource activity or a related activity that is regulated under the Act or the regulations or is carried on by a person who is required under this Act to hold a permit or an authorization to carry out that activity, or
Section 60 (1) (d) BEFORE amended by 2023-10-747, effective March 30, 2023 (Royal Assent).
(d) displays his or her official identification card or badge, or
Section 60 (1) (e) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(e) is in or near a vehicle that is either a vehicle of a peace officer or readily identifiable as a commission or other government vehicle.
Part 5, Division 3.1, sections 61.1, 61.2, 61.3 and 61.4, was enacted by 2018-54-13, effective January 1, 2020 (BC Reg 134/2019).
Section 61.1 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) An individual who is resident in British Columbia and at least 18 years of age may apply to the commission for an investigation of a prescribed contravention under this Act in relation to the emission of methane that the individual alleges has occurred or is occurring.
Section 61.2 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Investigation by commission
61.2 After receiving an application under section 61.1, the commission must
(a) acknowledge its receipt, in accordance with the regulations, within 20 days, and
(b) investigate all matters that the commission considers necessary to determine the facts relating to the alleged contravention.
Section 61.3 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) Subject to subsection (3), after acknowledging receipt of an application under section 61.1, the commission must report, in accordance with the regulations, to the applicant every 90 days on the progress of the investigation and the action, if any, that the commission has taken.
Section 61.4 (1) (part) and (2) (part) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) The commission may discontinue an investigation if the commission is of the opinion that
(2) If an investigation is discontinued, the commission must
Section 62 (5) (a) and (b) BEFORE amended by 2012-27-10(a), effective May 31, 2012 (Royal Assent).
(a) the person exercised due diligence to prevent the contravention,
(b) the person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or
Section 62 (6) BEFORE amended by 2012-27-10(b), effective May 31, 2012 (Royal Assent).
(6) If
(a) a corporation referred to in subsection (2),
(b) an employee, contractor or agent referred to in subsection (3), or
(c) a person referred to in subsection (4)
has not contravened a provision referred to in subsection (1) as a result of demonstrating to the satisfaction of the commission anything referred to in subsection (5) (a) to (c), the commission may find that any of the other persons referred to in subsections (2) to (4) has contravened the provision, unless the other person demonstrates to the satisfaction of the commission anything referred to in subsection (5) (a) to (c).
Section 62 (1), (5), (6) and (7) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) After giving an opportunity to be heard to a person who is alleged to have contravened a provision of the Act, the regulations, a permit, an authorization or an order, the commission may find that the person has contravened the provision.
(5) The commission may not find that a person has contravened a provision referred to in subsection (1) if the person demonstrates to the satisfaction of the commission that
(a) the person exercised due diligence to prevent the contravention, or
(c) the person's actions relevant to the provision were the result of an officially induced error.
(a) a corporation referred to in subsection (2),
(b) an employee, contractor or agent referred to in subsection (3), or
(c) a person referred to in subsection (4)
has not contravened a provision referred to in subsection (1) as a result of demonstrating to the satisfaction of the commission anything referred to in subsection (5) (a) and (c), the commission may find that any of the other persons referred to in subsections (2) to (4) has contravened the provision, unless the other person demonstrates to the satisfaction of the commission anything referred to in subsection (5) (a) and (c).
(7) Nothing in subsection (5) prevents
(a) an official from issuing an order under section 49 (1) to a person with respect to an act or omission by the person, or
(b) the commission from doing anything referred to in section 50.
Section 63 (1) and (2) (part) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) If the commission finds that a person has contravened a provision referred to in section 62 (1), the commission may impose an administrative penalty on the person in an amount that does not exceed the prescribed amount.
(2) Before the commission imposes an administrative penalty on a person, the commission must consider the following:
Section 64 (part) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Section 66 (2) (b) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(b) the commission may refuse to consider applications made by the person under section 24.
Section 69, definition of "determination", paragraph (b) BEFORE amended by 2014-10-11, effective April 9, 2014 (Royal Assent).
(b) with respect to a land owner of land on which an oil and gas activity is permitted to be carried out under this Act,
(i) a decision made by the commission
(A) under section 25 to issue a permit to carry out an oil and gas activity on the land of the land owner, and
(B) under section 31 to amend a permit, if the amendment changes the effect of the permit on the land of the land owner, and
(ii) a decision made by a review official under section 71 to vary a determination referred to in paragraph (a) (i) of this definition so that
(A) a permit is amended, if the amendment changes the effect of the permit on the land of the land owner, or
(B) a permit is issued to carry out oil and gas activities on the land of a land owner;
Section 69, definition of "eligible person", paragraph (c) BEFORE amended by 2014-10-11, effective April 9, 2014 (Royal Assent).
(c) a land owner of land on which an oil and gas activity is permitted to be carried out under this Act,
Section 69 (1) definition of "eligible person", paragraph (b.1) was added by 2015-40-21, effective March 20, 2018 (BC Reg 51/2018).
Section 69 definition of "determination" BEFORE amended by 2022-42-62,Sch 3, 2022-42-64,Sch 5 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
"determination" means
(a) with respect to an eligible person other than a land owner referred to in paragraph (b),
(i) a decision made by the commission under section 25 or 26,
(ii) a declaration made by the commission on its own initiative under section 27,
(iii) an order made by the commission under section 40 (f),
(iv) an order issued by an official or the commission under Division 2 of Part 5,
(v) a finding made by the commission under section 62,
(vi) an administrative penalty imposed by the commission under section 63, and
(vii) a prescribed decision made under this Act, and
(b) with respect to a land owner of land on which an operating area is located,
(i) a decision made by the commission
(A) under section 25 to issue a permit to carry out an oil and gas activity on the land of the land owner, and
(B) under section 31 to amend a permit, if the amendment changes the effect of the permit on the land of the land owner, and
(ii) a decision made by a review official under section 71 to vary a determination referred to in paragraph (a) (i) of this definition so that
(A) a permit is amended, if the amendment changes the effect of the permit on the land of the land owner, or
(B) a permit is issued to carry out oil and gas activities on the land of a land owner;
Section 69 definition of "eligible person", paragraph (e) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(e) a person with respect to whom the commission has made a finding of a contravention under section 62;
Section 69 definition of "review official" BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
"review official" means, in relation to a determination, a person who did not make the determination but who is designated in writing by the commission to review the determination for the purposes of sections 70 and 71.
Section 70 (1) BEFORE amended by 2014-10-12, effective April 9, 2014 (Royal Assent).
(1) Subject to subsection (2), an eligible person, other than a land owner of land on which an oil and gas activity is permitted to be carried out under this Act, may request, in accordance with this section, a review of a determination.
Section 70 (7) BEFORE amended by 2023-10-748, effective March 30, 2023 (Royal Assent).
(7) The review official may conduct a written, electronic or oral review, or any combination of them, as the review official, in his or her sole discretion, considers appropriate.
Section 71 (2) (b) BEFORE amended by 2014-10-13, effective April 9, 2014 (Royal Assent).
(b) a permit is issued to carry out oil and gas activities on the land of a land owner,
Section 72 (2) (part) BEFORE amended by 2014-10-14, effective April 9, 2014 (Royal Assent).
(2) A land owner of land on which an oil and gas activity is permitted to be carried out under this Act may appeal a determination under this section only on the basis that the determination was made without due regard to
Section 72 (5) (b), (c) and (d) BEFORE amended by 2014-10-14, effective April 9, 2014 (Royal Assent).
(b) if a land owner of land on which an oil and gas activity is permitted to be carried out under this Act files an appeal, the permit holder with respect to the oil and gas activity is also a party to the appeal,
(c) if an applicant for a permit appeals a refusal to issue a permit, the land owner of the land on which the applicant for the permit intended to carry out an oil and gas activity is, on request, also a party to the appeal, and
(d) if a permit holder appeals a refusal to amend a permit, the land owner of the land on which an oil and gas activity is permitted to be carried out under the permit is, on request, also a party to the appeal.
Section 72 (5) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(5) The appellant and the commission are parties to an appeal, and
(a) if a person to whom an order under section 49 (1) has been issued files an appeal and the person is not a permit holder with respect to the oil and gas activity that is the subject of the order, the permit holder is also a party to the appeal,
(b) if a land owner of land on which an operating area is located files an appeal, the permit holder with respect to the oil and gas activity is also a party to the appeal,
(c) if an applicant for a permit appeals a refusal to issue a permit, a land owner notified by the applicant under section 22 (2) is, on request, also a party to the appeal, and
(d) if a permit holder appeals a refusal to amend a permit, the land owner of the land on which an operating area is located is, on request, also a party to the appeal.
Section 72 (5) (a) BEFORE amended by 2018-54-14, effective July 22, 2024 (BC Reg 241/2024).
(a) if a person to whom an order under section 49 (1) has been issued files an appeal and the person is not a permit holder with respect to the energy resource activity that is the subject of the order, the permit holder is also a party to the appeal,
Section 73 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Publication
73 The commission may direct a person to publish, at the person's own cost, the facts relating to the imposition of an administrative penalty or to an order issued under Division 2 of Part 5, if the person's rights of review and appeal have elapsed without the penalty or order being rescinded or dealt with as described in section 72 (6) (b).
Section 74 (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(3) If an order is made under subsection (1), the commission must amend under section 26 (1) the pipeline permit holder's permit to the extent necessary to make the permit consistent with the order.
Section 75 (2) (b) (i) BEFORE amended by 2018-15-16(b), effective May 17, 2018 (Royal Assent).
(i) at the request of the permit holder to whom the designation was given, or
Section 75 (2) (b) (iii) and (iv) were added by 2018-15-16(c), effective May 17, 2018 (Royal Assent).
Section 75 BEFORE amended by 2022-42-62,Sch 3, 2022-42-64,Sch 5 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
Special projects
75 (1) The commission, on its own initiative or on application by a permit holder or an applicant for a permit, may designate, by order or in a permit, any of the following as a special project:
(a) the development or production of petroleum, natural gas, or both, from a field or pool or portion of a field or pool, using repressuring, recycling, pressure maintenance or any other technique to enhance recovery;
(b) the application of innovative technology, as defined by regulation;
(c) an innovative method of carrying out oil and gas activities and related activities;
(c.1) the development or use of a storage reservoir;
(d) any other prescribed oil and gas activity or method of carrying out an oil and gas activity.
(a) make a designation under subsection (1) with or without conditions, and
(b) cancel, suspend or amend a designation
(i) at the request of the permit holder to whom the designation was given,
(ii) if it appears to the commission that there has been a contravention of this Act, the regulations, a permit, an authorization or an order respecting the designation or a condition of the designation,
(iii) if the commission considers that the designation is spent, or
(iv) if the commission considers that the designation is no longer appropriate, including, without limitation, for reasons of
(B) protection of the environment, or
(C) conservation of petroleum and natural gas resources.
(3) A permit holder with a permit for an oil and gas activity that has been designated as a special project under subsection (1) may apply to the commission for other than normal spacing under section 65.1 of the Petroleum and Natural Gas Act.
(4) For the purposes of a special project or of special projects generally, the Lieutenant Governor in Council and the board may each, in exercising a regulation-making power under this Act, make a regulation that is contrary to or inconsistent with a provision of this Act.
Section 76 (1) (c) and (d) BEFORE amended by 2012-27-11(a), effective May 31, 2012 (Royal Assent).
(c) the pipeline permit holder agrees in writing to the construction or the carrying out of an activity prescribed for the purposes of paragraph (b), or
(d) the commission, by order, approves the construction or the carrying out of the prescribed activity.
Section 76 (2) and (3) BEFORE amended by 2012-27-11(b), effective May 31, 2012 (Royal Assent).
(2) The commission, in an order issued under subsection (1) (d), may impose any conditions on the approval that the commission considers necessary to protect the pipeline.
(3) The commission must approve
(a) the construction referred to in subsection (1), and
(b) the carrying out of a prescribed activity
by the government, but may impose conditions referred to in subsection (2) in the approval issued under subsection (1).
Section 76 (5) BEFORE amended by 2012-27-11(c), effective May 31, 2012 (Royal Assent).
(5) The commission may order a pipeline permit holder whose pipeline is the subject of an order issued under subsection (1)
(a) with the approval of the Lieutenant Governor in Council, to relocate the pipeline to facilitate the construction or prescribed activity approved by the order issued under subsection (1), and
(b) to take the actions specified in the order that the commission considers necessary to protect the pipeline.
Section 76 (7) BEFORE amended by 2012-27-11(d), effective May 31, 2012 (Royal Assent).
(7) If there is an inconsistency between an order or an approval made under subsection (6) and a regulation made under section 99 (m), the order or approval prevails to the extent of the inconsistency.
Section 76 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
Pipeline crossings
76 (1) Subject to subsection (3), a person must not
(i) a highway, road or railway,
(ii) an underground communication or power line, or
(iii) any other prescribed work, or
(b) carry out a prescribed activity
along, over or under a pipeline or within a prescribed distance of a pipeline unless
(c) the pipeline permit holder agrees in writing to the construction or the carrying out of the prescribed activity, either specifically or by reference to a class of construction projects or activities,
(d) the commission, by order issued under subsection (2), approves the construction or the carrying out of the prescribed activity, either specifically or by reference to a class of construction projects or activities, or
(e) the construction or prescribed activity is carried out in accordance with the regulations.
(2) The commission, on application by a person referred to in subsection (1), may issue an order for the purposes of subsection (1) (d) and in doing so may impose any conditions that the commission considers necessary to protect the pipeline.
(3) The commission must approve
(a) the construction referred to in subsection (1) (a), and
(b) the carrying out of a prescribed activity under subsection (1) (b)
by the government or a municipality, but may impose conditions referred to in subsection (2) in the order issued under that subsection.
(4) The commission, for the purposes of deciding whether to issue an order under subsection (1) or impose conditions under subsection (2), may require a pipeline permit holder to submit information regarding the pipeline permit holder's pipeline.
(5) The commission may order a pipeline permit holder whose pipeline is the subject of an order issued under subsection (2) to do one or both of the following:
(a) with the approval of the Lieutenant Governor in Council, relocate the pipeline to facilitate the construction or prescribed activity approved by the order issued under subsection (2);
(b) take the actions specified in the order that the commission considers necessary to protect the pipeline.
(6) In relation to an order of the commission referred to in subsection (5), the Lieutenant Governor in Council
(a) may order that a person other than the pipeline permit holder must pay the costs, or a portion of the costs, incurred in carrying out the commission's order, or
(b) may approve the payment of any of those costs from the consolidated revenue fund.
(7) If there is an inconsistency between an order or an approval made under subsection (6) and a regulation made under section 99 (1) (m.1), the order or approval prevails to the extent of the inconsistency.
Section 77 BEFORE amended by 2022-42-62,Sch 3 and 2022-42-65,Sch 6, effective September 1, 2023 (BC Reg 187/2023).
Section 78 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Correction or clarification of a decision
78 (1) In this section, "decision" means any determination, declaration, order, finding or other decision made under this Act by the commission.
(2) If the commission makes a decision, the commission may
(a) correct a typographical, an arithmetical or another similar error in the decision, and
(b) correct an obvious error or omission in the decision.
(3) If the commission corrects a decision under this section, the commission must notify the person who is the subject of the decision and the correction does not take effect until that notification is given.
Section 79 (1) and (2) BEFORE amended by 2012-27-12(a),(b), effective May 31, 2012 (Royal Assent).
How to serve documents and notices
79 (1) All documents that are required or permitted under this Act to be given to or served on a person must be given or served in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person is a permit holder or an authorization holder,
(i) by leaving a copy with an agent of that person,
(ii) by sending a copy by ordinary mail or registered mail to the address at which that person carries on business,
(iii) by sending a copy by electronic mail to the electronic mail address provided by that person,
(iv) by leaving a copy in a mail box or mail slot for the address at which that person carries on business, or
(v) by attaching a copy to a door or other conspicuous place at the address at which that person carries on business;
(c) by transmitting a copy to a facsimile number provided as an address for service by the person;
(d) by any other prescribed method of service.
(2) A document given or served in accordance with subsection (1) is deemed to be received as follows:
(a) if given or served by sending a copy by ordinary or registered mail, on the 5th day after it is mailed;
(b) if given or served by sending a copy by electronic mail, on the 3rd day after it is sent;
(c) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;
(d) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;
(e) if given or served by transmitting a copy by facsimile, on the 3rd day after it is transmitted;
(f) if given or served by any other method of service prescribed under subsection (1) (d), as prescribed.
Section 79 (1) (b) (iv) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).
(iv) by leaving a copy in a mail box or mail slot for the address at which that person carries on business, or
Section 79 (2) (c) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).
(c) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;
Section 79 (1) (b) (part) BEFORE amended by 2022-42-24, effective September 1, 2023 (BC Reg 187/2023).
(b) if the person is a permit holder or an authorization holder,
Section 79 (3) and (4) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(3) The commission, on application by an applicant, may authorize the applicant to serve a document on a person by sending a copy of the document by registered mail to the last known address of the person if the commission is satisfied that the applicant has made a reasonable attempt to serve that person in accordance with subsection (1) but has been unable to effect the service.
(4) The commission may serve a notice, required under section 25 (4), 26 (7) or 31 (9) or (11) to be provided to a land owner, by sending a copy of the notice by registered mail to the last known address of the land owner if the commission is satisfied that service under subsection (1) of this section is impracticable in the circumstances.
Section 80 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Opportunity to be heard
80 (1) In any circumstances in which, under this Act, an opportunity to be heard is provided, the commission may conduct a written, electronic or oral hearing, or any combination of them, as the commission, in its sole discretion, considers appropriate.
(2) The commission may make rules respecting the circumstances and place in which and the process by which written, electronic or oral hearings may be conducted under subsection (1) and specifying the form and content of materials to be provided for written, electronic or oral hearings.
Section 87 (2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(2) If the commission imposes an administrative penalty on a person, a prosecution for an offence under this Act for the same contravention may not be brought against the person.
Section 88 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Order for compliance
88 (1) If the commission considers that a person is not complying, or has not complied, with an order issued under this Act, the commission may apply to the Supreme Court for either or both of the following:
(a) an order directing the person to comply with the order or restraining the person from violating the order;
(b) an order directing the directors and officers of the person to cause the person to comply with or to stop violating the order.
(2) On application by the commission under this section, the Supreme Court may make an order it considers appropriate.
Section 91 (d) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(d) direct the person to compensate the commission for all or part of the cost of any remedial or preventative action taken by or on behalf of the commission as a result of the act or omission that constituted the offence;
Section 92 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) If the court convicts a person of an offence under this Act, the court may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence.
Section 93 BEFORE amended by 2018-15-17, effective May 17, 2018 (Royal Assent).
Recovery of debts due
93 An amount that a permit holder, producer or another person is required under this Act to pay to the commission or the government is a debt due by that permit holder, producer or person to the government or the commission, as the case may be, and the debt may be recovered by the government or the commission in any court of competent jurisdiction.
Section 93 BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
Recovery of debts due
93 An amount that a person is required under this Act, other than section 18, to pay to the commission or the government is a debt due by that person to the government or the commission, as the case may be, and the debt may be recovered by the government or the commission in any court of competent jurisdiction.
Section 93.1 (1) and (3) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) If a person fails to pay an amount owing to the commission under this Act, other than section 18, the commissioner may issue, and file with a court having jurisdiction, a certificate specifying the amount owed and the name of the person who owes it.
(3) A certificate filed under this section has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court in favour of the commission or the government, as the case may be, for the recovery of a debt in the amount specified in the certificate against the person named in the certificate.
Section 94 (2) (c) BEFORE amended by 2022-42-25, effective November 24, 2022 (Royal Assent).
(c) make different regulations for different persons, places, things, decisions, transactions or activities.
Section 94 (4) BEFORE amended by 2018-54-15, effective July 22, 2024 (BC Reg 241/2024).
(4) Sections 95 to 105 do not limit the authority of the Lieutenant Governor in Council to make regulations under subsection (1) of this section.
Section 95 (1) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(1) The Lieutenant Governor in Council may make regulations respecting policies and procedures to be followed by the commission in conducting its affairs, exercising its powers and discretion, carrying out its functions and duties and discharging its responsibilities.
Section 97 (a) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(a) prohibiting the carrying out of any oil and gas activity or related activity at any point within a specified distance of any boundary, roadway, road allowance, right of way, building of any prescribed type or any specified works;
Section 98 (3) (part) BEFORE amended by 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(3) The Lieutenant Governor in Council may make regulations restricting the commission's authority
Section 99 (1) (m) BEFORE amended by 2012-27-13(b), effective May 31, 2012 (Royal Assent).
(m) prescribing works, activities and distances for the purposes of section 76, and respecting how costs incurred by a person to whom an approval is given under section 76 (1) or a pipeline permit holder referred to in section 76 (5) are to be allocated;
Section 99 (1) (q) and (2) were added by 2012-27-13(c) and (d), effective June 25, 2012 (BC Reg 147/2012).
Section 99 (1) (q) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.
(q) respecting the carrying out of activities under a master licence to cut, as defined in section 47.4 (1) of the Forest Act, by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act;
Section 99 (2) (b) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.
(b) the Forest Practices Code of British Columbia, as it read immediately before section 177 of the Forest and Range Practices Act came into force, and the regulations made under that Code.
Section 99 (1) (q) BEFORE amended and (3) was added by 2014-10-15, effective April 9, 2014 (Royal Assent).
(q) respecting the carrying out of activities under a master licence to cut, as defined in section 47.4 (1) of the Forest Act, by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act.
Section 99 (2) (part) BEFORE amended and (3) was added by 2014-10-15, effective April 9, 2014 (Royal Assent).
(2) The following do not apply to a master licence to cut, as defined in section 47.4 (1) of the Forest Act, held by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act:
Section 99 (1) (f.1) and (g.2) were added by 2015-40-23(a), effective March 20, 2018 (BC Reg 51/2018).
Section 99 (1) (h) and (q) BEFORE amended by 2015-40-23(b) and (c), effective March 20, 2018 (BC Reg 51/2018).
(h) respecting the disclosure of records, reports and plans referred to in section 38;
(q) respecting the carrying out of activities under a master licence to cut by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act.
Section 99 (2) (part) BEFORE amended by 2015-40-23(c), effective March 20, 2018 (BC Reg 51/2018).
(2) The following do not apply to a master licence to cut held by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act:
Section 99 (1) (j.1) and (j.2) were added by 2018-54-16, effective January 1, 2020 (BC Reg 134/2019).
Section 99 (1) (a) BEFORE amended by 2022-42-26(a), effective September 1, 2023 (BC Reg 187/2023).
(a) prescribing activities for the purposes of the definition of "oil and gas activity" in section 1 (2);
Section 99 (1) (a.1) and (c.1) were added by 2022-42-26(b), effective September 1, 2023 (BC Reg 187/2023).
Section 99 (1) (j.2) BEFORE amended by 2022-42-62,Sch 3 and 2022-42-63,Sch 4, effective September 1, 2023 (BC Reg 187/2023).
(j.2) respecting the commission's obligation under section 61.2 to acknowledge receipt of applications, or the commission's reporting obligation under section 61.3 (1) or 61.4 (2), including, without limitation, regulations limiting or modifying those obligations if the commission receives more than the prescribed number of applications in respect of the same alleged contravention;
Section 99 (1) (o) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(o) respecting surveying to be carried out with respect to an oil and gas activity;
Section 100 (2) (d) to (i), (l) and (m) BEFORE repealed by 2018-15-19(a), effective April 1, 2019 (BC Reg 62/2019).
(d) suspending the operation of the tax;
(e) respecting the assessment and reassessment of tax;
(f) respecting appeals from assessment or reassessment of tax;
(g) respecting refunds of tax;
(h) providing for exemptions from payment of tax;
(i) respecting time limits and time periods related to the tax, including returns, assessments, reassessments, appeals, refunds or exemptions, and including different time limits and time periods for different classes of persons;
(l) setting penalties for the purposes of section 47 (8);
(m) designating an employee of the government as the collector of the tax and providing for the collection of the tax;
Section 100 (2) (j) BEFORE amended by 2018-15-19(b), effective April 1, 2019 (BC Reg 62/2019).
(j) establishing procedures for giving notice of tax payable, collection of tax, and use of the fund;
Section 103 (1) and (2) (part) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(1) For the purposes of environmental protection and management, the Lieutenant Governor in Council may make regulations respecting actions that a permit holder and a person carrying out an oil and gas activity must take or refrain from taking to protect or effectively manage the environment.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting actions that a permit holder and a person carrying out an oil and gas activity must take or refrain from taking with respect to any of the following:
Section 103 (1) and (2) (part) BEFORE amended by 2018-54-9, effective July 22, 2024 (BC Reg 241/2024).
(1) For the purposes of environmental protection and management, the Lieutenant Governor in Council may make regulations respecting actions that a permit holder and a person carrying out an energy resource activity must take or refrain from taking to protect or effectively manage the environment.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting actions that a permit holder and a person carrying out an energy resource activity must take or refrain from taking with respect to any of the following:
Section 104 (5) BEFORE amended by 236/2011, effective December 14, 2011.
(5) The Lieutenant Governor in Council may make regulations
(a) prescribing the circumstances in which and the extent to which a discretion conferred in an authorization referred to in subsections (1) to (4) or paragraph (b) of this subsection may be exercised,
(b) authorizing a minister referred to in subsections (1) to (4) to grant an exemption from an environmental measure established by that minister and to impose one or more conditions with respect to the exemption, and
(c) authorizing a minister referred to in subsections (1) to (4) to delegate any power conferred on the minister by a regulation made under this section with or without directions on how the delegated power is to be exercised,
(d) prescribing the consultations or notifications, or both, that a minister referred to in subsections (1) to (4), or a person authorized by the minister, must carry out before exercising a power conferred on the minister by a regulation made under this section;
(e) prescribing a date on which, or a period of time at the expiry of which, an order made by a minister referred to in subsection (1) to (4) in the exercise of a power conferred on the minister by a regulation made under this section comes into force.
Section 104 (2) BEFORE amended by 2014-15-190, effective February 29, 2016 (BC Reg 35/2016).
(2) The Lieutenant Governor in Council may make regulations authorizing the minister responsible for administering the Water Act
(a) to establish, for the purposes of paragraph (c), a designated watershed or portion of a watershed, in accordance with regulations, if any, respecting the classification of watersheds made under section 103 (3) (b),
(b) to identify, for the purposes of paragraph (c), either or both of the following:
(i) an aquifer, in accordance with regulations, if any, respecting the classification of aquifers made under section 103 (3) (c);
(ii) a groundwater recharge area, and
(c) to establish, for the purposes of section 36 (1), an environmental measure in relation to paragraphs (a) and (b).
Section 105 (2) (b) BEFORE amended by 2014-15-190, effective February 29, 2016 (BC Reg 35/2016).
(b) a provision of an Act administered by the minister responsible for the administration of the Wildlife Act or the Water Act or a regulation made under any of those Acts
Section 106 (3) BEFORE amended by 2014-10-16, effective April 9, 2014 (Royal Assent).
(3) In making a regulation under section 111 or 112 (1) (a), (b), (d), (d.1) or (d.2), the board may authorize an official to exempt a person from a provision of the regulation and to impose one or more conditions with respect to the exemption.
Section 106 (3) BEFORE amended by 2021-27-32, effective October 28, 2021 (Royal Assent).
(3) In making a regulation under section 111 or 112 (1) (a), (b), (c), (d), (d.1) or (d.2), the board may authorize an official to exempt a person from a provision of the regulation and to impose one or more conditions with respect to the exemption.
Section 106 (1) (c) BEFORE amended by 2022-42-29, effective November 24, 2022 (Royal Assent).
(c) make different regulations for different persons, places, things, decisions, transactions or activities;
Section 106 (3) BEFORE amended by 2022-42-30, effective September 1, 2023 (BC Reg 187/2023).
(3) In making a regulation under section 111, 111.1 (1) (b) or 112 (1) (a), (b), (c), (d), (d.1) or (d.2), the board may authorize an official to exempt a person from a provision of the regulation and to impose one or more conditions with respect to the exemption.
Section 109 (d) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(d) respecting the time by which the security must be submitted to the commission;
Section 110 was renumbered as section 110 (1) by 2018-15-23(a), effective April 1, 2019 (BC Reg 62/2019).
Section 110 (1) (b) BEFORE amended by 2018-15-23(b), effective April 1, 2019 (BC Reg 62/2019).
(b) providing for the imposition of penalties, payable to the government, to enforce payment of the levy.
Section 111 (2) (a) BEFORE amended by 2012-27-14(a), effective May 31, 2012 (Royal Assent).
(a) prescribing roads for the purposes of paragraph (g) in the definition of "oil and gas activity" in section 1 (2);
Section 111 (2) (b) BEFORE amended by 2012-27-14(b), effective May 31, 2012 (Royal Assent).
(b) respecting the construction, operation and deactivation of prescribed roads;
Section 111 (1) (n) BEFORE amended by 2022-42-31, effective November 24, 2022 (Royal Assent).
(n) requiring the disposal of water produced into an underground formation or otherwise and authorizing the commission to specify the terms according to which the disposal must be done;
Section 111 (2) (a) BEFORE amended by 2022-42-32, effective September 1, 2023 (BC Reg 187/2023).
(a) prescribing roads for the purposes of paragraph (f) in the definition of "oil and gas activity" in section 1 (2);
Section 111 (1) (a) and (n) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(a) if the commission is satisfied that there is a danger to the public, increasing a specified distance prescribed under section 97 (a), and, if a prohibition has not been prescribed under that section with respect to any area of the province, prescribing a prohibition for that area of the type referred to in that section;
(n) requiring the disposal of water produced into a storage reservoir or otherwise and authorizing the commission to specify the terms according to which the disposal must be done;
Section 111 (1) (part) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(1) The board may make regulations respecting the carrying out of an oil and gas activity, including, without limiting this, regulations as follows:
Section 111 (1) (a.1), (b) and (c) BEFORE amended by 2022-42-64,Sch 5, effective September 1, 2023 (BC Reg 187/2023).
(a.1) respecting actions a permit holder and a person carrying out an oil and gas activity must carry out or refrain from carrying out on completion of or while completing an oil and gas activity;
(b) respecting equipment and techniques that must be used when carrying out an oil and gas activity;
(c) respecting waste produced directly or indirectly by the carrying out of an oil and gas activity;
Section 111.1 (1) (a) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(a) respecting when a site of an oil and gas activity is a dormant site, including, without limitation, regulations prescribing activities that must be carried out or a level of activity that must be maintained for a site not to be a dormant site;
Section 112 (1) (c) and (d.2) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(c) subject to the approval of Treasury Board, respecting fees for the provision under this Act of a service by the commission to any person;
(d.2) respecting well samples and cores, including, without limiting this, regulations respecting the examination, storage, maintenance and submission to the commission of well samples and cores;
Section 113 BEFORE repealed by 2008-36-113(3), effective October 3, 2012.
Implementation regulations
113 (1) The Lieutenant Governor in Council may make regulations considered appropriate for the purpose of more effectively bringing into operation this Act, and to remedy any transitional difficulties encountered in doing so and for that purpose disapplying or varying any provision of this Act.
(2) A regulation made under this section may be made retroactive to a date not earlier than the coming into force of this section.
(3) Subject to subsection (4), this section is repealed on the date that is 2 years after the coming into force of this section and on its repeal any regulations made under it are also repealed.
(4) The Lieutenant Governor in Council by regulation may substitute a date that is no later than 3 years after the coming into force of this section for the date referred to in subsection (3).
Section 116 (2) (d) BEFORE amended by 2022-42-62,Sch 3, effective September 1, 2023 (BC Reg 187/2023).
(d) an authorization to construct or modify a production facility issued by the commission under the Drilling and Production Regulation, B.C. Reg. 362/98, as it read immediately before this section comes into force.
Section 117 (2) (d) was added by 2014-10-17, effective October 4, 2010, retro April 9, 2014 (Royal Assent).
Section 118.1 was added by 2012-27-15, effective May 31, 2012 (Royal Assent).
[Note: 2012-27-15 was further amended by 2014-10-18.]