Vol. 67, No. 14 – B.C. Reg. 241/2024

Volume 67, No. 14
241/2024

The British Columbia Gazette, Part II
July 30, 2024

B.C. Reg. 241/2024, deposited July 22, 2024, under the OIL AND GAS ACTIVITIES AMENDMENT ACT, 2018 [section 19] and ENERGY RESOURCE ACTIVITIES ACT [sections 95 and 105.1]. Order in Council 532/2024, approved and ordered July 22, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) sections 1, 3 to 9, 11, 12, 14, 15 and 17 of the Oil and Gas Activities Amendment Act, 2018, S.B.C. 2018, c. 54, are brought into force, and

(b) the Blueberry River First Nations Implementation Agreement Regulation, B.C. Reg. 146/2023, is amended as set out in the attached Appendix.

— J. OSBORNE, Minister of Energy, Mines and Low Carbon Innovation; M. FARNWORTH, Presiding Member of the Executive Council.

Appendix

1 The Blueberry River First Nations Implementation Agreement Regulation, B.C. Reg. 146/2023, is amended by repealing the title and substituting the following:

TREATY 8 PLANNING AND MITIGATION REGULATION .

2 Section 1 is amended

(a) in subsection (1) by adding the following definitions:

"Area 1" means the Plan area specified in Section 1.4 of the Gundy plan;

"Area 2" means the LPP Area #2 specified in Section 2.0 of the LPP; ,

(b) in subsection (1) by repealing the definitions of "direction on allocation" and "disturbance cap",

"Gundy plan" means the HV1-C Gundy Complex Plan attached as Schedule 4 to this regulation;

"LPP" means the Halfway / BC Landscape Planning Pilot attached as Schedule 5 to this regulation; ,

(d) in subsection (1) by repealing the definitions of "regulator" and "specified instrument",

(e) by repealing subsection (2), and

(f) in subsection (3) by striking out "the plans contemplated by the agreement" and substituting "the plans contemplated by the agreement, other than the Gundy plan and the LPP,".

3 Part 2 is amended by repealing the heading and substituting the following:

Part 2 – Blueberry River First Nations Implementation Agreement .

4 The following division is added to Part 2:

Division 0.1 – Interpretation

Interpretation

1.1 (1) In this Part:

"direction on allocation" means the direction attached as Schedule 3 to this regulation;

"disturbance cap" means an area-based or linear cap established by or in accordance with Section 14.1 of the agreement, as modified by section 3 (3) of this regulation;

"specified instrument" means a permit or authorization that authorizes an energy resource activity or related activity to be carried out in the Claim Area.

(2) Unless a contrary intention appears, words and expressions used in this Part have the same meaning as in the agreement.

5 Section 3 is amended by adding the following subsections:

(3) Despite subsection (2), the disturbance caps established by or under Section 14.1 of the agreement are modified for the purposes of this regulation as follows for 2025 and later calendar years:

(a) the reference in Section 14.1 (a) (i) to 200 hectares is to be read as a reference to 195.2 hectares;

(b) the reference in Section 14.1 (a) (ii) to 550 hectares is to be read as a reference to 536.8 hectares;

(4) Subsection (1) does not apply in relation to Area 1 or Area 2 and New Disturbance in those areas is not to be counted against the disturbance caps.

6 Section 6 (1) is repealed and the following substituted:

(1) The regulator may not issue a specified instrument that authorizes New Disturbance to be carried out in

(a) an HV1B area, or

(b) an HV1C area, other than in Area 1.

7 Section 10 is repealed and the following substituted:

Waiver or modification of requirements

10 (1) Subject to subsection (2), this Part does not apply in relation to a requirement in Section 14.4 or 14.6 of the agreement or a requirement to count New Disturbance against a disturbance cap if the requirement is waived or modified, in accordance with Section 14.9 of the agreement, by the Blueberry River First Nations.

(2) This Part does not apply in relation to a requirement referred to in subsection (1) in Area 1 if the requirement is waived or modified both under subsection (1) and by the Halfway River First Nation.

8 The following section is added:

Application of this Part to Area 2

11 Sections 7 to 10 do not apply in relation to Area 2.

9 The following Parts are added after section 11:

Part 3 – Blueberry River First Nations Gundy Plan

Division 1 – Interpretation

Interpretation

12 (1) In this Part, "specified instrument" means a permit or authorization that authorizes an energy resource activity or related activity to be carried out in Area 1.

(2) Unless a contrary intention appears, words and expressions used in this Part have the same meaning as in the agreement and the Gundy plan.

Division 2 – General Policies and Procedures

General policies and procedures

13 The regulator must conduct its affairs, exercise its powers and discretion, carry out its functions and duties and discharge its responsibilities consistently with the following provisions of the Gundy plan:

(a) Sections 6.1 to 6.3;

(b) Section 7.3.

Division 3 – Directions to Regulator

Limitations on disturbance

14 (1) The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance to be carried out in a Protection Zone unless the New Disturbance will occur in an area of Non-PNG Disturbance.

(2) The regulator may not, by issuing or amending a specified instrument, authorize an energy resource activity to be carried out in the area of a seismic line in the Current Industry Maintenance Zone.

Planning

15 The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance in Area 1 unless the applicant for or holder of the instrument, as the case may be, has provided

(a) an environmental management plan that is consistent with Sections 7.2 and 7.5 of the Gundy plan to the regulator and the Blueberry River First Nations, and

(b) the information required by Section 7.4 of the Gundy plan and any site-specific mitigation strategy required by Section 7.6 of that plan to the regulator.

Protective measures

16 The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance in Area 1 unless the instrument is consistent with

(a) the setbacks in Sections 7.8.1 to 7.8.3 of the Gundy plan,

(b) the timing constraints in Section 7.8.4 of that plan, and

Off-site environmental mitigation

17 The regulator must have regard to Section 7.9 of the Gundy plan in exercising a power or performing a duty under section 25.1 (2) [off-site environmental mitigation activities] of the Act.

Waiver or modification of requirements

18 This Part does not apply in relation to a requirement in the Gundy plan referred to in section 15 or 16 of this regulation or a limitation imposed by section 14 if the requirement or limitation, as the case may be, is waived or modified by both

(a) the Blueberry River First Nations, and

(b) the Halfway River First Nation.

Part 4 – Halfway River First Nation Landscape Planning Pilot

Division 1 – Interpretation

Interpretation

19 In this Part:

"specified instrument" means a permit or authorization that authorizes an energy resource activity or related activity to be carried out in Area 1 or Area 2;

"Treaty 8 Planning and Mitigation Measures" means the Treaty 8 Planning and Mitigation Measures attached as Appendix A to the Adaptive Management Program and Plan attached as Appendix 1 to the LPP.

Division 2 – General Policies and Procedures

General policies and procedures

20 The regulator must conduct its affairs, exercise its powers and discretion, carry out its functions and duties and discharge its responsibilities consistently with Section 6.0 of the LPP, other than as it refers to the Adaptive Management Program and Plan attached as Appendix 1 to the LPP.

Division 3 – Directions to Regulator

Protective measures

21 The regulator may not, by issuing or amending a specified instrument, authorize an energy resource activity in Area 1 or Area 2 unless the instrument is consistent with Section 5.1 of the LPP as Section 5.1 requires compliance with the Treaty 8 Planning and Mitigation Measures.

Waiver or modification of requirements

22 (1) Subject to subsection (2), the Part does not apply in relation to a requirement in the Treaty 8 Planning and Mitigation Measures if the requirement is waived or modified, in accordance with Section 4.3 of the LPP, by the Halfway River First Nation.

(2) This Part does not apply in relation to a requirement referred to in subsection (1) in Area 1 if the requirement is waived or modified both under subsection (1) and by the Blueberry River First Nations.

Part 5 – Off-site Environmental Mitigation

Off-site environmental mitigation

23 For the purposes of section 25.1 [off-site environmental mitigation activities] of the Act,

(a) the minister may establish, in the Claim Area within the meaning of the agreement, energy resource management areas and mitigation areas that the minister considers necessary or advisable

(i) for the implementation of the Gundy plan, or

(ii) having regard to the rights and interests of a First Nation with rights under Treaty 8, and

(b) the energy resource activities specified in Section 7.7 of the Gundy plan are prescribed for an energy resource management area established under this section.

10 The following Schedules are added:

Schedule 4

Schedule 5

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