Regulation title BEFORE re-enacted by BC Reg 202/2023, effective September 1, 2023.
OIL AND GAS ROAD REGULATION
Section 1 definitions of "affected permit holder", "affected rights holder", "engineered retaining wall", "local Indigenous nation", "protection measures", "roadwork area" and "stream channel" were added by BC Reg 216/2020, effective August 14, 2020.
Section 1 definition of "maintain" BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
"maintain", in relation to an oil and gas road, means maintain in accordance with Part 4;
Section 1 definition of "rights holder" BEFORE repealed by BC Reg 216/2020, effective August 14, 2020.
"rights holder" has the same meaning as in the Consultation and Notification Regulation;
Section 1 definition of "affected rights holder" BEFORE amended by BC Reg 50/2021, effective June 1, 2021.
"affected rights holder", in relation to an oil and gas road, means a "rights holder" as defined in section 1 of the Consultation and Notification Regulation whose rights under the applicable instrument might be affected by construction of the road;
Section 1 definitions of "Act", "affected permit holder", "affected rights holder", "construction", "deactivate", "local Indigenous nation", "maintain", "modification", "primary activity", "road permit", "road permit holder", "road right of way" and "roadwork area" BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
"Act" means the Oil and Gas Activities Act;
"affected permit holder", in relation to an oil and gas road, means a permit holder whose rights under the permit might be affected by construction of the road;
"affected rights holder", in relation to an oil and gas road, means a "rights holder" as defined in section 1 of the Requirements for Consultation and Notification Regulation whose rights under the applicable instrument might be affected by construction of the road;
"construction", in respect of an oil and gas road, includes modifications to the road within the road right of way;
"deactivate", in relation to an oil and gas road, means deactivate in accordance with Part 6;
"local Indigenous nation", in relation to an oil and gas road, means an Indigenous nation that is identified for the road in a manner specified by the commission;
"maintain", in relation to an oil and gas road, means maintain in accordance with the provisions of Part 3 respecting maintenance or restoration;
"modification", in relation to an oil and gas road, means the widening of the running surface of the road, the realigning of a portion of the road or the reconstructing of a portion of a road, and includes the installing or replacing of a bridge or major culvert associated with the road;
"primary activity" means an oil and gas activity or a related activity other than the construction, maintenance, operation or use of an oil and gas road;
"road permit" means a permit that includes permission to construct or maintain an oil and gas road;
"road permit holder" means a permit holder of a road permit and a person who is otherwise required to maintain an oil and gas road or was required, immediately before the coming into force of this regulation, to maintain an oil and gas road;
"road right of way", in relation to an oil and gas road, means
(a) the area that is shown or described in the permit as the road corridor within which the oil and gas road may be constructed or modified, or
(b) if the permit does not show or describe the area within which the oil and gas road may be constructed or modified, the area 17.5 m of either side of the centre line of the oil and gas road;
"roadwork area", in relation to an oil and gas road, means any of the following:
(b) an area that is adjacent to the road right of way and has been used for construction, operation or maintenance of the road under a permit or authorization held by the road permit holder;
Section 1 definitions of "local Indigenous nation", "qualified person" and "primary activity" BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
"local Indigenous nation", in relation to an energy resource road, means an Indigenous nation that is identified for the road in a manner specified by the commission;
"qualified person" means, in relation to a specified duty, a person who has the qualifications specified by the commission to perform that duty safely and properly;
"primary activity" means an oil and gas activity or a related activity other than the construction, maintenance, operation or use of an energy resource road;
Section 1 definition of "oil and gas road" BEFORE repealed by BC Reg 202/2023, effective September 1, 2023.
"oil and gas road" means a road or a portion of a road prescribed under section 2;
Section 2 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Oil and gas roads prescribed
2 The following roads are prescribed for the purposes of paragraph (f) of the definition of "oil and gas activity" in section 1 (2) of the Act:
(a) a road or portion of a road that
(i) is constructed or maintained to facilitate the carrying out of a primary activity,
(ii) has not been deactivated, and
(iii) subject to paragraph (b), is not required to be maintained under another enactment or authorization;
(b) a road or portion of a road that, before the coming into force of this regulation, was constructed under an authorization under the Land Act or the Petroleum and Natural Gas Act and is used to carry out a primary activity.
Section 2 (1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Subject to subsection (2), the following are prescribed for the purposes of paragraph (f) of the definition of "oil and gas activity" in section 1 (2) of the Act:
Section 3 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Application for permit
3 A person applying for a permit, or an amendment to a permit, to construct or maintain an oil and gas road must submit to the commission
Section 3 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Section 4 (1) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder must notify the commission, affected land owners and affected rights holders of the construction of an oil and gas road
Section 4 (3) was added by BC Reg 216/2020, effective August 14, 2020.
Section 4 (1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder must notify the commission, local Indigenous nations, affected land owners, affected permit holders and affected rights holders of the construction of the oil and gas road
Section 4 (1) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder must notify the commission, local Indigenous nations, affected land owners, affected permit holders and affected rights holders of the construction of the energy resource road
(3) A notice under subsection (1) to a local Indigenous nation must be provided in the form and manner that are identified for the nation in a manner specified by the commission, if a manner is specified.
Section 4.1 (1) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder who constructs an oil and gas road must ensure that the design and construction of the road are carried out under the supervision of a qualified person.
(2) A road permit holder who maintains an oil and gas road must ensure that maintenance of the road is carried out under the supervision of a qualified person.
Section 5 (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
Clearing widths
5 A road permit holder who constructs an oil and gas road must ensure that the road's clearing widths are within the road right of way and are not less than the width necessary to ensure all of the following:
Section 5 (e) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(e) the safe conduct of operations, considering all of the following:
Section 5 (e) (i) and (ii) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) the placement of pits, quarries, landings or waste areas;
(ii) the storage of bridge or culvert material;
Section 5 (e) (vi) was added by BC Reg 216/2020, effective August 14, 2020.
Section 5 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Clearing widths
5 A road permit holder who constructs an oil and gas road must ensure that the road's clearing widths are within the road right of way and are wide enough to ensure all of the following:
Section 5 (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) the safety of permit holders using the oil and gas road;
Section 6 (1) (a) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) the bridge is designed and fabricated in compliance with
Section 6 (1) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) in compliance with Canadian Standards Association standard CAN/CSA G401, Corrugated Steel Pipe Products, or section B182.2 of Canadian Standards Association standard CSA B1800-11, Plastic Nonpressure Pipe Compendium, whichever is applicable, or
Section 6 (2) (c) BEFORE repealed by BC Reg 216/2020, effective August 14, 2020.
(c) the bridge, or a component of the bridge that is vulnerable to damage by high flow, is removed before any period of high flow begins.
Section 6 (3) (e) BEFORE repealed by BC Reg 216/2020, effective August 14, 2020.
(e) the culvert is removed before any period of high flow begins.
Section 6 (3.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 6 (1) (part) and (3.1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Subject to subsections (2) to (4), a road permit holder may not construct or install a bridge or culvert on an oil and gas road unless all of the applicable following requirements are met:
(3.1) A road permit holder must remove the following structures from the oil and gas road before any period of high flow begins:
Section 7 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Structural defects or deficiencies on a bridge
7 A road permit holder must do at least one of the following if, on a bridge that is part of the oil and gas road, a structural defect or deficiency occurs during the construction or maintenance of the road:
(a) correct the defect or deficiency;
Section 7 (2) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A road permit holder who knows of a structural defect or structural deficiency on a structure associated with the oil and gas road must
Section 8 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Section 8 (1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder must, for each bridge associated with the oil and gas road, place and maintain
Section 8 (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(3) A sign or marker required under this section must be designed and maintained in accordance with any requirements specified by the commission.
Section 9 (0.1) and (4) were added by BC Reg 216/2020, effective August 14, 2020.
Section 9 (1) (part) and (2) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder who constructs or installs a bridge or major culvert must do all of the following:
(2) Subject to subsection (3), a road permit holder must retain a copy of records of visual inspections carried out under section 14 (1) and detailed inspections carried out under section 14 (2) of a bridge or major culvert associated with the oil and gas road for at least one year after
Section 9 (1) (b) and (c) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(b) prepare as-built drawings of the bridge or major culvert;
(c) retain the information referred to in paragraphs (a) and (b) until at least one year after the date that the road permit holder
Section 9 (1) (c) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) submits a declaration under section 27 (1) respecting the oil and gas road, or
Section 9 (2) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) submits a declaration under section 27 (1) respecting the oil and gas road, or
Section 9 (4) BEFORE repealed by BC Reg 145/2023, effective June 12, 2023.
(4) The records required to be retained under subsections (1) (c) and (2) are prescribed for the purposes of section 38 (1) (a) of the Act.
Section 9 (1) (c) (i) and (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) submits a signed statement under section 27 (1) respecting the oil and gas road, or
(ii) is prohibited under section 23 (4) (b) from deactivating the oil and gas road.
Section 9 (2) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) Subject to subsection (3), a road permit holder must retain a copy of records of inspections and recommendations under section 7 (2) or 14 (1) or (2) that relate to a structure associated with the oil and gas road for at least one year after
Section 9 (2) (b) (i) and (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) submits a signed statement under section 27 (1) respecting the oil and gas road, or
(ii) is prohibited under section 23 (4) (b) from deactivating the oil and gas road.
Section 9 (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(3) If a road permit holder is exempt from the requirement to deactivate an oil and gas road, the road permit holder must submit to the commission the documents, drawings and records described in subsections (1) and (2) in respect of the road.
Section 9 (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(3) If a road permit holder is exempt from the requirement to deactivate an energy resource road, the road permit holder must submit to the commission the documents, drawings and records described in subsections (1) and (2) in respect of the road.
Section 10 (1) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) At all times while an oil and gas road is being modified, a road permit holder must have a warning sign posted at each junction of the oil and gas road with another oil and gas road, a road that is required to be maintained under another enactment or authorization or a highway within the meaning of the Transportation Act.
Section 10 (1) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) At all times while an oil and gas road is being modified, the road permit holder must have a warning sign posted at each junction of the oil and gas road with another oil and gas road, a road that is required to be maintained under another enactment or authorization or a highway within the meaning of the Transportation Act.
(2) A sign posted under subsection (1) must indicate the portion of the oil and gas road that is being modified.
Section 11 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Report regarding construction
11 Within 60 days of completion of the construction of an oil and gas road under a permit, the road permit holder must submit to the commission a report, in the form and manner specified by the commission, describing the location of the constructed road.
Section 11 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Section 11.2 (1) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) become established in the roadwork areas for the oil and gas road, or
(b) spread from a roadwork area for the oil and gas road into areas that are immediately adjacent to the roadwork area.
Section 11.2 (2) (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) make reasonable efforts to ensure that seed, plant parts and propagules of invasive plants are not transported into the road-work areas for the oil and gas road, and
Section 11.2 (2) (b) (i) and (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) the roadwork areas for the oil and gas road, and
(ii) any immediately adjacent areas referred to in subsection (1) (b) into which invasive plants have spread from a roadwork area for the oil and gas road.
Section 11.2 (2) (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) make reasonable efforts to ensure that seed, plant parts and propagules of invasive plants are not transported into the road-work areas for the energy resource road, and
Section 11.3 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Invasive plant compliance record
11.3 A person who carries out oil and gas activities within an operating area must prepare and maintain an invasive plant compliance record that describes the activities carried out for the purpose of complying with the obligations described in section 11.2 of this regulation and section 15 of the Environmental Protection and Management Regulation, including all of the following:
Section 13 (1) (c) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) unless the surface consists of ballast rock surfaces, grade the surface of the oil and gas road to facilitate industrial use, provide proper road surface drainage and prevent pooling on the surface by
Section 13 (2) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) If a road permit holder is using the oil and gas road in winter, the road permit holder must
Section 13 (2) (f) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(f) if chains on the vehicles used to carry out oil and gas activities are not suitable or sufficient to enable safe use of the frozen oil and gas road, add sand to the bladed road surface as and when required to provide sufficient traction for the vehicles, and
Section 13 (1) (c) (iv) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(iv) loosening surface materials to a depth sufficient to remove potholes, rutting or washboarding without causing contamination of the surfacing materials with subgrade materials or unsuitable ditch materials, and
Section 13 (2) (d) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(d) not blade gravel or other surface materials off of the road,
Section 13 (2) (f) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(f) if chains on the vehicles used to carry out oil and gas activities are not suitable or sufficient to enable safe use of the frozen energy resource road, add sand to the bladed road surface as and when required to provide sufficient traction for the vehicles, and
Section 13.1 (1) (part) and (2) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder who holds an authorization for a borrow pit that the road permit holder has used for construction, maintenance or deactivation of the oil and gas road must ensure that the cut slopes of the borrow pit are
(2) A road permit holder who holds an authorization for a borrow pit described in subsection (1) that the road permit holder is not using for construction, maintenance or deactivation of the oil and gas road must deactivate the borrow pit, as soon as weather and ground conditions permit, by
Section 14 (0.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 14 (1) (a) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) ensure that a qualified person carries out a visual inspection of each bridge or major culvert associated with the road at least once every year after the bridge or major culvert is constructed, and
Section 14 (2) (a) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) ensure that a qualified person carries out a detailed inspection of each bridge or major culvert associated with the road, and
Section 14 (2) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) subject to subparagraph (ii), at least once every 3 years after the bridge or major culvert is constructed, or
Section 14 (3) (a) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) the bridge or major culvert is removed from the site, or
Section 14 (3) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) submits a declaration under section 27 (1) respecting the oil and gas road, or
Section 14 (3) (b) (i) and (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) submits a signed statement under section 27 (1) respecting the oil and gas road, or
(ii) is prohibited under section 23 (4) (b) from deactivating the oil and gas road.
Section 15 (1) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) If a road permit holder temporarily stops using the oil and gas road to carry out a primary activity for a period anticipated to be greater than 6 months, the person is not required to perform the maintenance and undertake the modifications set out in section 12 but must ensure
(3) A road permit holder referred to in subsection (1) must notify the commission when the road permit holder resumes using the oil and gas road.
Section 15 (2) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A road permit holder referred to in subsection (1) must notify the commission not more than 30 days after a stoppage referred to in that subsection, and the notice must specify all of the following:
(3) A road permit holder referred to in subsection (1) must notify the commission when the road permit holder resumes using the energy resource road.
Section 15.1 (1), (2) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A permit holder who constructs, operates, maintains or deactivates an oil and gas road must comply with the protection measures, whether the road right of way is on Crown land or land other than Crown land.
(2) A permit holder who uses an oil and gas road must comply with the protection measures, whether the road right of way is on Crown land or on land other than Crown land, as though that use were an oil and gas activity.
(3) A road permit holder must not construct or place at a stream crossing for the oil and gas road anything except a bridge, culvert, ice bridge or snow fill.
Section 15.1 (4) (a) and (b) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) any abutments, footings and scour protection of bridges and culverts associated with the oil and gas road are located outside stream channels, and
(b) equipment used for the construction, operation, maintenance or deactivation of the oil and gas road is not located in a stream channel unless
Section 15.1 (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A permit holder who uses an energy resource road must comply with the protection measures, whether the road right of way is on Crown land or on land other than Crown land, as though that use were an oil and gas activity.
Section 15.3 (1) and (2) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A permit holder must not use an oil and gas road unless the road is safe for the intended use.
Section 17 (1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) The following provisions of the Motor Vehicle Act apply to permit holders using an oil and gas road, and the provisions apply as if the road were a highway:
Section 19 (2), (4) and (5) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) An official may erect or order a road permit holder to erect a traffic control device on an oil and gas road if the official considers that the device is necessary to promote the safe use of the road.
(4) A permit holder using an oil and gas road must comply with all traffic control devices on the road.
(5) An official may remove or order a road permit holder to remove a traffic control device on an oil and gas road.
Section 19 (3) (d) to (f) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(d) to require the use of 2-way radio systems during certain hours in order to coordinate the movement of traffic, including specifying the radio frequency to be used on portions of an oil and gas road;
(e) to restrict the use of vehicles having characteristics that could damage the oil and gas road or create a safety risk;
(f) to warn drivers of hazardous or unusual conditions existing on an oil and gas road.
Section 19.1 (2) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A road permit holder for a seasonal oil and gas road may store bridge and culvert material in a roadwork area for the road during the off-season for the road, if the material will be required for construction, operation or maintenance of the road in the next season.
(3) A road permit holder may store material and equipment in a roadwork area for the oil and gas road temporarily during construction, operation, maintenance or deactivation of the road if the material and equipment are required for that activity.
Section 20 (1) (a), (b) and (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) temporarily close the oil and gas road, or
(b) restrict the use of the oil and gas road
(c) cause damage to the oil and gas road or the environment, or
Section 20 (1.1), (1.2) and (3) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1.1) The commission may restrict access to or close, or order a permit holder to restrict access to or close, permanently or temporarily, an oil and gas road if the commission is satisfied that the action is necessary in the public interest.
(1.2) A road permit holder may restrict access to any portion of the oil and gas road located on private property other than access in accordance with section 21 or for land owner uses.
(3) A road permit holder who, under subsection (1), temporarily closes an oil and gas road or restricts its use must
Section 20 (2) (a) and (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) cause damage to the oil and gas road or the environment,
(c) prevent or impede a permit holder from using the oil and gas road.
Section 20 (3) (a) (part) and (c) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) temporarily close the oil and gas road or restrict its use by ensuring
(c) reopen the oil and gas road or remove the restriction promptly after
Section 20 (4) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) affects the right of the commission to use an oil and gas road at any time, or
(b) authorizes the removal from an oil and gas road of any motor vehicle, animal or thing of the commission.
Section 20 (1) (part), (1.1) and (2) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder or the commission may
(1.1) The commission may restrict access to or close, or order a permit holder to restrict access to or close, permanently or temporarily, an energy resource road if the commission is satisfied that the action is necessary in the public interest.
(2) A road permit holder or the commission may remove a motor vehicle, animal or thing from the road at the expense of the owner of the motor vehicle, animal or thing if the road permit holder or the commission believes that the presence on the road of the motor vehicle, animal or thing may
Section 20 (3) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) promptly give notice of the temporary closure or restriction to the commission, and
Section 20 (3) (b) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) the commission requires the reopening or removal.
Section 20 (4) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) affects the right of the commission to use an energy resource road at any time, or
(b) authorizes the removal from an energy resource road of any motor vehicle, animal or thing of the commission.
Section 21 (1) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A permit holder who intends to use an oil and gas road maintained by a road permit holder must notify the road permit holder at least 14 days before the intended use will begin.
Section 21 (2) (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) of maintaining the oil and gas road to accommodate the permit holder's use of the road,
Section 22 (1.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 22 (2) and (3) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(2) A road permit holder must deactivate the portion of an oil and gas road that provides access to the site of the well, pipeline or facility of the road permit holder within 2 years of the abandonment of the well or pipeline or the removal of the facility.
(3) A road permit holder who deactivates an oil and gas road must do so in accordance with this Part.
Section 22 (1), (1.1), (2) and (3) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Subject to subsection (2) and section 23 (4) (b), a road permit holder who is permitted to maintain an oil and gas road may deactivate the road at any time.
(1.1) Subject to subsection (2), a road permit holder must deactivate the oil and gas road when restoring the land that was used for the primary activity in respect of which the road was used, unless the road is required for monitoring purposes.
(2) A road permit holder must deactivate the portion of an oil and gas road that provides access to the site of the well, pipeline or facility of the road permit holder when restoring that site.
(3) A road permit holder who deactivates an oil and gas road must deactivate the road
Section 23 (1) and (3) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder who intends to deactivate an oil and gas road must provide written notice of the intention to
(a) users of the road known to the road permit holder,
(b) any applicable land owner, and
(3) A road permit holder may not begin deactivating an oil and gas road until at least 14 days have elapsed after providing notice under subsection (1).
Section 23 (2.1), (5) and (6) were added by BC Reg 216/2020, effective August 14, 2020.
Section 23 (6) BEFORE repealed by BC Reg 145/2023, effective June 12, 2023.
(6) The records required to be retained under subsection (5) are prescribed for the purposes of section 38 (1) (a) of the Act.
Section 23 (1) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder who intends to deactivate an oil and gas road must provide written notice of the intention to all of the following:
(3) A road permit holder may not begin deactivating an oil and gas road unless at least 30 days and not more than 60 days have elapsed since the road permit holder provided notice under subsection (1) in relation to the deactivation.
Section 23 (1) (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Section 23 (2.1) and (4) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2.1) A notice under subsection (1) to a local Indigenous nation must be provided in the form and manner that are identified for the nation in a manner specified by the commission, if a manner is specified.
(4) On receiving notice under subsection (1), the commission may do one or both of the following:
Section 23 (5) (b) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) if a response objects to the deactivation, promptly submit to the commission a copy of the response, and
Section 24 (d.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 24 (f) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(f) comply with section 19 (1) (c) of the Environmental Protection and Management Regulation.
Section 25 (1) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder who deactivates an oil and gas road must
(a) maintain any portion of the oil and gas road that is not being deactivated, and
(b) for any portion of the oil and gas road that is being deactivated, maintain the portion but only to the extent necessary to ensure that the structural integrity of the road prism and the clearing width are stable and that the drainage systems of the road are functional.
(2) For the purposes of subsection (1), a portion of an oil and gas road is being deactivated when the road permit holder has begun but not completed on that portion of the oil and gas road requirements referred to in section 24.
Section 26 (1) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) Subject to subsection (3), at all times while an oil and gas road is being deactivated, a road permit holder must have a warning sign posted at each junction of the road with another oil and gas road, a road that is required to be maintained under another enactment or authorization or a highway within the meaning of the Transportation Act.
Section 26 (1) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Subject to subsection (3), at all times while an oil and gas road is being deactivated, the road permit holder must have a warning sign posted at each junction of the road with another oil and gas road, a road that is required to be maintained under another enactment or authorization or a highway within the meaning of the Transportation Act.
Section 27 (1) and (2) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder who completes deactivation of an oil and gas road must, within 30 days after the completion, submit to the commission a written declaration stating that the road permit holder has complied with
(b) section 19 of the Environmental Protection and Management Regulation, if applicable.
(2) A declaration under subsection (1) must
Section 27 (1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder who completes deactivation of an oil and gas road must, within 30 days after the completion, submit to the commission a signed statement stating that the road permit holder has complied with
Section 27 (1) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A road permit holder who completes deactivation of an energy resource road must, within 30 days after the completion, submit to the commission a signed statement stating that the road permit holder has complied with
Section 28 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Exemptions by officials
28 On application or on his or her own motion, an official may exempt, with or without conditions, a road permit holder from one or more provisions of this regulation if the official is satisfied that, in the circumstances,
(a) it is not reasonably practicable to require the road permit holder to comply with the provision, or