Title BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Oil and Gas Activities Act General Regulation
Section 1 (2) definition of "operator" BEFORE repealed by BC Reg 214/2014, effective November 24, 2014.
"operator" means
(a) a person entitled to produce and dispose of petroleum and natural gas from a well under the Petroleum and Natural Gas Act, or
(b) a permit holder with permission
(i) to drill, complete and produce from a well,
Section 1 definition of "collector" BEFORE repealed by BC Reg 62/2019, effective April 1, 2019.
"collector" means the collector designated under section 6;
Section 1 (1) definition of "Act" BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
"Act" means the Oil and Gas Activities Act;
Section 3 (1) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) The following substances are prescribed for the purposes of paragraph (e) of the definition of "pipeline" in section 1 (2) of the Act:
(a) water or steam used for geothermal activities or oil and gas activities;
Section 5 (a) and (b) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(a) with respect to the power referred to in section 6 (1) (a) of the Act, the commission intends to acquire or dispose of a subsidiary corporation;
(b) with respect to the power referred to in section 6 (1) (c) of the Act, the commission intends to negotiate or enter into an agreement with the government of Canada, the government of another province or territory, a local government or a First Nation or with an official or agent of any of them that would require the commission to pay or entitle the commission to receive $1 000 000 or more in any one year.
Section 5.1 BEFORE amended by BC Reg 147/2012, effective June 25, 2012.
Application of section 8 of the Act to pipelines
under jurisdiction of Canada
5.1 The commission's powers under section 8 of the Act are extended to include the power to issue an authorization, other than an authorization under the Environmental Management Act or the Heritage Conservation Act, with respect to a pipeline referred to in section 9 (2) of the Act, other than a pipeline set out in Schedule A.
[en. B.C. Reg. 40/2012, s. 1.]
Section 5.1 BEFORE amended by BC Reg 187/2023, effective September 3, 2023.
Application of section 8 of the Act to pipelines
under jurisdiction of Canada
5.1 The commission's powers under section 8 of the Act are extended to include the power to issue an approval, other than an approval under the Environmental Management Act or the Heritage Conservation Act, with respect to a pipeline referred to in section 9 (2) of the Act, other than a pipeline set out in Schedule A.
[en. B.C. Reg. 40/2012, s. 1; am. B.C. Reg. 147/2012, s. (b) (i).]
Section 6 (1) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) The commission is designated as the collector of the levy referred to in section 47 of the Act.
Section 7 (1) (a) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(a) the commission has the powers, privileges and protection of a commission under sections 9, 10, 12, 14 to 16, 20, 21, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act, and
Section 7.1 (b) (ii) and (vi) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(ii) the person holds or has applied for a licence under Division I of Part VI of the National Energy Board Act (Canada) to export oil or gas in relation to the oil and gas activity,
(vi) the person holds a storage reservoir lease issued under section 130 of the Petroleum and Natural Gas Act related to the oil and gas activity.
Section 7.1 (a) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(a) the person holds or has applied for a permit for the oil and gas activity related to that related activity;
Section 7.1 (b) (ii) and (vi) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(ii) the person holds or has applied for a licence under Division I of Part 7 of the Canadian Energy Regulator Act (Canada) to export oil or gas in relation to the oil and gas activity,
(vi) the person holds a storage reservoir licence under section 130 of the Petroleum and Natural Gas Act related to the oil and gas activity.
Section 8 BEFORE renumbered and (2) was added by BC Reg 51/2018, effective March 20, 2018.
Permit expiration period
8 The period prescribed for the purposes of section 32 (1) of the Act is 2 years
(a) from the date the permit is issued, or
(b) in the case of an approval, authorization or certificate deemed to be a permit under section 116 or 117 of the Act, from the date the approval, authorization or certificate was issued.
Section 8 (1) BEFORE amended by BC Reg 67/2019, effective April 1, 2019.
(1) The period prescribed for the purposes of section 32 (1) of the Act is 2 years
(a) from the date the permit is issued, or
(b) in the case of an approval, authorization or certificate deemed to be a permit under section 116 or 117 of the Act, from the date the approval, authorization or certificate was issued.
Section 10 (1) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) For the purposes of section 75 (1) (b) of the Act, "innovative technology" means technology that is unproven to produce petroleum, natural gas or both in a particular application.
Section 10 (2) (a) and (b) BEFORE repealed by BC Reg 187/2023, effective September 1, 2023.
(a) the operation or use of a storage reservoir, including the disposal of produced water or acid gases;
(b) the disposal of petroleum, natural gas, water produced in relation to the production of petroleum or natural gas, or waste;
Section 11 BEFORE repealed by BC Reg 147/2012, effective June 25, 2012.
Pipeline crossing distances
11 (1) In this section, "ground activity" means any work, operation or activity that results in a disturbance of the earth, including a mining activity as defined in section 1 of the Mines Act, but not including
(a) cultivation to a depth of less than 45 cm below the surface of the ground, and
(b) a disturbance, other than cultivation referred to in paragraph (a), of the earth to a depth of less than 30 cm.
(2) A ground activity is a prescribed activity for the purposes of section 76 (1) (b) of the Act.
(3) The following distances are prescribed for the purposes of section 76 (1) of the Act:
(a) 40 m, for any activity other than the prescribed activity referred to in subsection (2);
(b) 40 m, for the prescribed activity referred to in subsection (2).
Section 12 BEFORE repealed by BC Reg 147/2012, effective June 25, 2012.
Cost allocation for pipeline crossings
12 (1) In this section:
"approval holder" means a person to whom an approval under section 76 (1) (d) of the Act has been given;
"approved action" means the construction or activity approved by an order issued under section 76 (1) (d) of the Act;
"specified approval holder" means an approval holder that is the government, a municipality, or the British Columbia Railway Company.
(2) Subject to subsections (4) to (6), an approval holder is responsible for all costs incurred by the approval holder in carrying out an approved action.
(3) Subject to subsections (4) to (6), an approval holder is responsible for any costs incurred by a pipeline permit holder as a result of the approval holder's carrying out of an approved action, including, without limitation, costs
(a) to realign, raise or lower the pipeline;
(b) to excavate material from around the pipeline, and
(c) to add casing or other appurtenances that an official considers necessary for the protection of the pipeline.
(4) Subject to an order issued under section 76 (6) of the Act and to subsection (5) of this section, a specified approval holder is not responsible for any costs incurred by a pipeline permit holder as a result of the carrying out of an approved action.
(5) The costs referred to in subsection (4) must be shared equally between the specified approval holder and the pipeline permit holder if
(a) the specified approval holder is a municipality, and
(b) the approved action is the construction of a new highway within the boundaries of that municipality on either an existing right of way or on a newly dedicated right of way.
(6) The costs incurred by a pipeline permit holder as the result of the carrying out of an approved action must be shared equally between the approval holder and the pipeline permit holder if the approved action is the construction of a new road for a subdivision within a municipality.
Section 14 definition of "geological and geophysical reports" BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
"geological and geophysical reports" means geological, geophysical and other reports in the possession of the ministry or the commission that have confidential status because of a designation made by the minister under section 122 (2) of the Petroleum and Natural Gas Act, but does not include well reports and well data;
Section 15 (2) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(2) Subject to this Part, well reports and well data that are received by the commission in the course of the administration of the Act, except for the well reports and well data described in subsection (3), must be held confidential by the commission.
Section 16 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Geological and geophysical reports
16 The commission must release geological and geophysical reports from confidential status
(a) 10 years after the earliest date of receipt by the commission or the ministry, if the commission or ministry receives the information in the performance of a program of work referred to in any of sections 43, 56, 57 or 58 (3) of the Petroleum and Natural Gas Act, or
(b) 21 years after the earliest date of receipt by the commission or the ministry, if the commission or ministry receives the information other than as set out in paragraph (a).
Section 17 (6) BEFORE repealed by BC Reg 235/2011, effective December 14, 2011.
(6) The commission must make available to the public at all times during business hours the following information:
(a) expected total depth at the time of approval of the well permit, formation at expected total depth, position, ground elevation and drilling status of a well;
(b) all applications for permits and amendments to permits, including all submissions supporting those applications.
Section 17 (1) and (1) (ii), (2), (3), (4), (7) and 7 (b), and (8) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) Subject to subsections (2) to (9) of this section and sections 18 to 20, 22 and 23, the commission must release well reports and well data, recorded with or submitted to the commission, from confidential status
(ii) an applicable period under paragraphs (a) to (e),
unless the commission establishes another date for release under subsection (2).
(2) The commission, in an order designating a special project under section 75 (1) (b) of the Act, may establish a date for the release of well reports and well data from confidential status that is earlier than the dates set out in subsection (1).
(3) The commissioner and deputy commissioner are designated as employees of the commission who, on application of a permit holder of a well, may order that the requirements of subsection (1) for the release from confidential status of well reports and well data do not apply to that well for the period and, subject to the other conditions the commissioner or deputy commissioner may specify, if satisfied that
(4) The commission must not under subsection (1) release from confidential status well reports and well data respecting a well at any time when a decision is pending on an application for any of the following:
(7) The commission may release well reports and well data from confidential status
(b) with the concurrence of the person who submitted the information to the ministry or the commission.
(8) The commission, on request by the director, must make well reports, well data, geological reports and geophysical reports available to
Section 17.1 (1) (a), (2) and (3) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(a) records or reports submitted to the commission under section 37 of the Drilling and Production Regulation;
(2) The commission must publish the records and reports referred to in subsection (1) (a) as soon as practicable after receiving those records and reports.
(3) The commission must make the records referred to in subsection (1) (b) and (c) available to the public at all times during business hours and may make those records available to the public at any other time.
Section 21 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Released information
21 If information has been released from confidential status under this Part, any person may attend at the office of the commission and, on payment of the fees set out in section 21 of the Fee, Levy and Security Regulation, examine or copy the records.
[am. B.C. Reg. 51/2018, s. 3.]
Section 22 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Discovery wells
22 Despite section 17 (1), on application by a permit holder of a well or portion of a well designated as a discovery well under section 2 (3) (b) of the Drilling and Production Regulation, the commission may exempt a subsequent well drilled in the same pool as the discovery well from the application of section 17 (1) and substitute the date applicable to the discovery well under section 17 (1) as the date when the well reports and well data respecting the subsequent well must be released from confidential status.
Section 23 (1) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) If drilling operations for a well referred to in any of paragraphs (a) to (d) of section 17 (1) have ceased with the intention of resuming drilling at a later date and
(a) one year has elapsed since the date drilling operations ceased, and
the dates set out in section 17 (1) (a) to (d) do not apply and the commission must immediately release well reports and well data, recorded with or submitted to the commission, from confidential status.
Section 24 (1) (b) and (2) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(b) if the pipeline or a portion of the pipeline goes through Crown land, submit to the commission the plans of the survey through Crown land;
(2) The commission may issue to a pipeline permit holder who submitted plans under subsection (1) (b) an approval of the plans if the commission is satisfied the plans represent a pipeline approved by the pipeline permit holder's permit.
Section 26 (2) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(2) The Surveyor General must provide written notice to the commission of an extension granted under subsection (1).
Section 27 BEFORE repealed by BC Reg 62/2019, effective April 1, 2019.
Definitions and interpretation
27 In this Part:
"marketable gas" means natural gas that is available for sale for direct consumption as a domestic, commercial or industrial fuel, or as an industrial raw material, or is delivered to a storage facility, whether it occurs naturally or results from the processing of natural gas;
"natural gas" means natural gas as defined in section 1 of the Petroleum and Natural Gas Act;
"petroleum" means petroleum as defined in section 1 of the Petroleum and Natural Gas Act.
Section 28 (1) (part) and (2) BEFORE amended by BC Reg 221/2018, effective November 1, 2018.
(1) The collector must invoice, on a monthly basis, each producer for an amount equal to the aggregate of the following calculations:
(2) A producer who receives an invoice from the collector must, within 15 business days of receiving the invoice, pay to the collector, at the address that the collector may from time to time specify, the amount stated in the invoice.
Section 28 BEFORE repealed by BC Reg 62/2019, effective April 1, 2019.
Tax payment
28 (1) The collector must, on or about the 23rd day of the second calendar month after each production month, invoice each producer for an amount equal to the aggregate of the following calculations:
(a) the marketable gas tax rate in effect for the production month multiplied by the volume of marketable gas produced by the producer in the month;
(b) the petroleum tax rate in effect for the production month multiplied by the volume of petroleum produced by the producer in the month.
(2) A producer who receives an invoice from the collector must, before the end of the calendar month in which the invoice is received, pay to the collector, in the manner specified by the collector, the amount stated in the invoice.
(3) If a producer is not in agreement with the amount invoiced by the collector, the collector must review the invoice if, within 90 days of the date the collector gave the invoice to the producer, the producer gives the collector a request for a review with reasons for the disagreement and any supporting documentation.
(4) A producer who requests a review under subsection (3) is not exempted from the requirement to pay under subsection (2).
(5) If the collector reviews an invoice under subsection (3) and determines that the position of the producer is correct, the collector must
(a) invoice the producer for any additional tax owing, or
(b) credit the producer, on the next invoice, for any overpayment.
(6) If a tax payment is not made within the time period set out in subsection (2), the collector may impose on the producer a penalty of $50 or 5% of the unpaid invoice amount, whichever is greater.
(7) If a penalty is assessed under subsection (6), the collector must give notice of that penalty to the producer at the earliest opportunity.
(8) If the production volumes used to invoice a producer under subsection (1) are adjusted after the invoice has been sent, the collector must
(a) invoice the producer for any additional tax owing, or
(b) credit the producer, on the next invoice, for any overpayment.
[am. B.C. Reg. 221/2018, Sch. 2.]
Section 29 (1), 2 (e) and (3) (b) (ii) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) An application for compensation under section 46 of the Act must be submitted to the commission by the landowner in the form and including the information required by the commission.
(e) a description of the oil and gas activity carried out on the landowner's property;
(ii) if there is no surface lease with respect to the land, an annual payment determined by the commission as reasonable compensation for the landowner's loss referred to in section 46 (2) of the Act.