Section 1 definitions of "assess", "interested person" (part), "local Indigenous nation", "priority site", "specified work", "type A site", "type B site" and "type C site" BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
"assess", in relation to a dormant site, has the meaning given to it in section 7 [assessment];
"interested person", in relation to a dormant site, means
"local Indigenous nation", in relation to a dormant site, means an Indigenous nation that is identified for the dormant site in a manner specified by the commission;
"priority site" means a dormant site identified under section 5 [identifying priority sites];
"specified work" means work to decommission, assess or restore a dormant site;
"type A site" means a dormant site classified as a type A site under section 4 (1);
"type B site" means a dormant site classified as a type B site under section 4 (2);
"type C site" means a dormant site classified as a type C site under section 4 (3);
Section 1 definitions of "former site", "permit holder", "portfolio of current sites" and "portfolio of former sites" were added by BC Reg 288/2020, effective December 18, 2020.
Section 1 definition of "reference year", paragraph (c) was added by BC Reg 288/2020, effective December 18, 2020.
Section 1 definitions of "permit holder", "portfolio of former sites" and "reference year" BEFORE amended by BC Reg 266/2022, effective January 1, 2023.
"permit holder" means,
(a) in relation to a dormant site, the person who holds the well permit for the site, and
(b) in relation to a former site, the former permit holder who held the well permit for the site;
"portfolio of former sites", in relation to a permit holder, means all of the former sites, if any, for which the permit holder held the well permit for the former site;
"reference year", in relation to a type B or C site, means the following:
(a) if the site became a dormant site under section 3 (1) (a), the last of the 5 calendar years referred to in that section;
(b) if the site became a dormant site under section 3 (1) (b), the calendar year in which the notice referred to in that section was received;
(c) if the site is a former site, the calendar year in which the well permit for the former site is cancelled, declared spent or expires;
Section 1 definitions of "facility", "facility permit" and "pipeline permit" were added by BC Reg 266/2022, effective January 1, 2023.
Section 1 definitions of "Act" and "local Indigenous nation" BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
"Act" means the Oil and Gas Activities Act;
"local Indigenous nation", in relation to a dormant site or former site, means an Indigenous nation that is identified for the site in a manner specified by the commission;
Section 1 definition of "facility" BEFORE repealed by BC Reg 78/2023, effective January 1, 2024.
"facility" has the same meaning as in section 1 of the Drilling and Production Regulation and may include a facility that is not associated with a well;
Section 2 BEFORE re-enacted by BC Reg 266/2022, effective January 1, 2023.
Dormant sites
2 (1) In this section, "dormant well" means a well that is dormant in accordance with section 3.
(2) Subject to subsection (3), the operating area for a well permit is a dormant site for the purposes of the definition of "dormant site" in section 43.1 [definitions] of the Act if
(a) the well permitted by the permit is a dormant well, and
(b) in the case of a well on a multi-well pad, the other wells on the pad are also dormant wells.
(3) A portion of an operating area is not a dormant site if any of the following is located on the portion:
(a) a facility not solely associated with a dormant well;
(b) a pipeline not solely associated with a dormant well;
(c) an oil and gas road not solely associated with a dormant well.
Section 2 (3) (d) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(d) an oil and gas road not solely associated with a dormant well, a dormant facility or a dormant pipeline.
Section 3 (1) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) the commission has received a written notice from the permit holder that the well is dormant.
Section 3 (2) and (3) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A well is not dormant for 2 years after the date on which the commission gives to the permit holder for the well a written notice under subsection (3).
(3) The commission may give to a permit holder a written notice for the purposes of subsection (2) in relation to a well if the commission is satisfied, having regard to the following factors, that an event referred to in subsection (1) (a) will occur for the well within a reasonable period of time:
Section 3.01 (1) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) the commission has received a written notice from the permit holder that the facility is dormant.
Section 3.01 (2) and (3) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A facility is not dormant for 2 years after the date on which the commission gives to the permit holder for the facility a written notice under subsection (3).
(3) The commission may give to a permit holder a written notice for the purposes of subsection (2) in relation to a facility if the commission is satisfied, having regard to the following factors, that the facility will be operated within a reasonable period of time:
Section 3.02 (1) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) the commission has received a written notice from the permit holder that the pipeline is dormant.
Section 3.02 (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) The 5-year period set out in subsection (1) (a) includes any period for deactivating the pipeline or part of the pipeline set out in a plan approved by the commission under section 9 (4) [deactivation] of the Pipeline Regulation or in a condition imposed with respect to an exemption granted under section 14 [exemptions] of the Pipeline Regulation.
Section 3.1 BEFORE re-enacted by BC Reg 266/2022, effective January 1, 2023.
Former sites
3.1 (1) Subject to subsection (2), the operating area for a well permit is a former site for the purposes of this regulation if
(i) is cancelled under section 26 or 33 of the Act,
(ii) is declared spent under section 27 of the Act, or
(iii) expires under section 32 of the Act, and
(b) a certificate of restoration has not been issued for the site.
(2) A portion of an operating area is not a former site if any of the following is located on the portion:
(a) a facility not solely associated with the well permitted by the well permit;
(b) a pipeline not solely associated with the well permitted by the well permit;
(c) an oil and gas road not solely associated with the well permitted by the well permit.
Section 3.1 (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) A portion of an operating area is not a former site if any of the following is located on the portion:
(a) a well not solely associated with the oil and gas activity permitted by the permit referred to in subsection (1);
(b) a facility not solely associated with the oil and gas activity permitted by the permit referred to in subsection (1);
(c) a pipeline not solely associated with the oil and gas activity permitted by the permit referred to in subsection (1);
(d) an energy resource road not solely associated with the oil and gas activity permitted by the permit referred to in subsection (1).
Section 4 (1), (2) and (3) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(1) A dormant site is a type A site if the site became a dormant site under section 3 (1) (a) and the last of the 5 calendar years referred to in that section is 2018.
(2) A dormant site is a type B site if
(a) the site became a dormant site under section 3 (1) (a) and the last of the 5 calendar years referred to in that section is after 2018 and before 2024, or
(b) the site became a dormant site under section 3 (1) (b) and the notice referred to in that section was received before 2024.
(3) A dormant site is a type C site if
(a) the site became a dormant site under section 3 (1) (a) and the last of the 5 calendar years referred to in that section is 2024 or a later calendar year, or
(b) the site became a dormant site under section 3 (1) (b) and the notice referred to in that section was received in 2024 or a later calendar year.
Section 4 (3) BEFORE amended by BC Reg 266/2022, effective January 1, 2023.
(3) A site is a type C site if
(a) the site became a dormant site under section 3 (1) (a) and the last of the 5 calendar years referred to in that section is 2024 or a later calendar year,
(b) the site became a dormant site under section 3 (1) (b) and the notice referred to in that section was received in 2024 or a later calendar year, or
(c) the site is the former site for a well permit that was cancelled, declared spent or expired in 2024 or a later calendar year.
Section 5 (g) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(g) the capacity and portfolio of the permit holder.
Section 5 (h) was added by BC Reg 288/2020, effective December 18, 2020.
Section 5 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Identifying priority sites
5 The commission may identify a type A, B or C site as a priority site, by giving to a permit holder for the site a written notice, if the commission considers, having regard to the following factors, that it is in the public interest that the site be decommissioned, assessed and restored on an expedited basis:
Section 6 BEFORE re-enacted by BC Reg 266/2022, effective January 1, 2023.
Decommissioning
6 A dormant site or former site is decommissioned for the purposes of this regulation if the permit holder for the site
(a) complies with the applicable requirements in section 26 (1) (a) to (c) [plugging requirements for wells] of the Drilling and Production Regulation in relation to the well on the site, and
Section 6 (b) and (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) removes from the site any facilities and other equipment that are associated with an oil and gas activity that is permitted by the permit, and
(c) removes from the site any facilities and other equipment that are associated with a related activity of an oil and gas activity that is permitted by the permit.
Section 7 (a) (part) and (b) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) has the following assessment carried out by or under the supervision of a professional satisfactory to the commission:
(b) submits to the commission a report that
Section 7 (b) (ii) (C) and (D) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(C) any other information required by the commission;
(D) any signed statement, of the professional referred to in paragraph (a) or the permit holder, required by the commission;
Section 7 (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) takes the actions identified in paragraphs (a) and (b) in relation to all facilities and other equipment that are associated with an oil and gas activity permitted by the well permit or the facility permit, as the case may be, and
Section 7 (d) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) submits an investigation report to the commission, in the form and manner required by the commission.
Section 8 (1) (part) and (3) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(1) A dormant site is remediated for the purposes of this regulation if the commission gives written notice to the permit holder for the site that
(3) For the purposes of subsection (1) (b) (ii) and (c) (ii), the commission may, by written notice to a permit holder for a dormant site, identify for the site or any neighbouring lands to which contamination has migrated from the site actions to be taken to prevent or mitigate risks to public safety, including human health, or to the environment posed by contamination.
Section 8 (1) (part), (2) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A dormant site or former site is remediated for the purposes of this regulation if the commission gives written notice to the permit holder for the site that
(2) For the purposes of subsection (1) (a) and (b) (i), a reference to a director in sections 17 (4) and (5) and 18 (5) of the Contaminated Sites Regulation is to be read as a reference to the commission.
(3) For the purposes of subsection (1) (b) (ii) and (c) (ii), the commission may, by written notice to a permit holder for a dormant site or former site, identify for the site or any neighbouring lands to which contamination has migrated from the site actions to be taken to prevent or mitigate risks to public safety, including human health, or to the environment posed by contamination.
Section 8 (a), (b) (part) and (c) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) the commission is satisfied that the site and any neighbouring lands to which contamination has migrated from the site meet the numerical standards under section 17 [numerical standards] of the Contaminated Sites Regulation,
Section 9 BEFORE renumbered and amended by BC Reg 288/2020, effective December 18, 2020.
Restoration
9 A dormant site is restored for the purposes of this regulation if
(a) the site is remediated, and
(b) the commission gives written notice to the permit holder for the site that the commission is satisfied that the permit holder,
(i) unless otherwise ordered by the commission, has performed each obligation imposed
(A) under the Act or a specified enactment in relation to the permit, a permission specified in the permit or an authorization held by the permit holder for a related activity of an oil and gas activity that is permitted by the permit, and
(B) under the permit or an authorization referred to in clause (A), and
(ii) if the dormant site is on Crown land, has complied with section 26 (1) (d) [plugging requirements for wells] of the Drilling and Production Regulation in relation to the site or is exempted under that regulation from that section.
Section 9 (1) (b) (ii) BEFORE amended by BC Reg 266/2022, effective January 1, 2023.
(ii) in the case of a dormant site on Crown land, has complied with section 26 (1) (d) [plugging requirements for wells] of the Drilling and Production Regulation in relation to the site or is exempted under that regulation from that section.
Section 9 (2) (b) BEFORE amended by BC Reg 266/2022, effective January 1, 2023.
(b) in the case of a former site on Crown land, the permit holder for the site has complied with section 26 (1) (d) [plugging requirements for wells] of the Drilling and Production Regulation in relation to the site, as required under that section, or is exempted under that regulation from that section.
Section 9 (1) (b) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) the commission gives written notice to the permit holder for the site that the commission is satisfied that the permit holder,
Section 9 (1) (b) (i) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) unless otherwise ordered by the commission, has performed each obligation imposed
Section 9 (1) (b) (i) (A) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(A) under the Act or a specified enactment in relation to the permit, a permission specified in the permit or an authorization held by the permit holder for a related activity of an oil and gas activity that is permitted by the permit, and
Section 11 (1) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(1) A permit holder whose portfolio includes a dormant site must, in accordance with subsection (2), develop, and submit to the commission a copy of, an annual work plan that
(a) identifies, by permit and type,
(i) the dormant sites to be decommissioned in that calendar year,
(ii) the dormant sites to be assessed in that calendar year, and
(iii) the dormant sites to be restored in that calendar year,
(b) sets out the anticipated timelines for the work referred to in paragraph (a),
(c) identifies any factors that might cause deviations from the plan, and
(d) includes the following contact information:
(i) if the permit holder is a corporation, the name, title, telephone number and, if any, email address of a director, officer or employee of the permit holder who may be contacted about the plan;
(ii) if the permit holder is an individual, the name, telephone number and, if any, email address of the permit holder.
Section 11 (1.1) and (3) were added by BC Reg 288/2020, effective December 18, 2020.
Section 11 (1) (part), (2) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A permit holder must, in accordance with this section, develop, and submit to the commission a copy of, an annual work plan for a calendar year if
(2) An annual work plan under subsection (1) must be developed, and a copy submitted to the commission, by the following date:
(3) A copy of an annual work plan under subsection (1) must be submitted in the manner specified by the commission.
Section 11 (1.1) (e) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Section 12 BEFORE re-enacted by BC Reg 288/2020, effective December 18, 2020.
Annual report
12 Within 60 days after the end of each calendar year, a permit holder whose portfolio includes dormant sites must submit to the commission a report on the calendar year that
(a) demonstrates that the permit holder is on track to meet the applicable requirements in sections 15 to 18 [type A, B and C sites and priority sites],
(b) identifies, by permit and type,
(i) the dormant sites that were decommissioned in the calendar year,
(ii) the dormant sites that were assessed in the calendar year, and
(iii) the dormant sites that were restored in the calendar year,
(c) includes a copy of the annual work plan for the calendar year and an explanation of any deviations from that plan, and
(d) includes any other information required by the commission.
Section 12 (1) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Within 60 days after the end of each calendar year, a permit holder must, in accordance with this section, submit to the commission a report on the calendar year if
(3) A report under subsection (1) must be submitted in the manner specified by the commission.
Section 12 (2) (d) and (e) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(d) be in the form specified by the commission;
(e) include any other information required by the commission.
Section 13 (1) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(1) Before doing specified work in a calendar year at a dormant site, the permit holder for the site must give a written notice in accordance with this section to the interested persons, if any, for the site.
Section 13 (2) (b) (ii) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(ii) the date that is 60 days before the permit holder does specified work at a dormant site in the calendar year.
Section 13 (4) (b) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) submit a report to the commission that
Section 13 (5) (b) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) a statement that the permit holder will submit a copy of the notice, reply and further notice to the commission, and
Section 13 (5) (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) as soon as practicable after giving the further notice, submit a copy of the notice, reply and further notice to the commission.
Section 15 (4) (part) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(4) For the purposes of this section, if the result of taking a percentage of dormant sites is not a whole number, the result is to be rounded
Section 17 (3) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(3) A permit holder for a type C site must restore the site by December 31 of the calendar year that 10 calendar years after the reference year for the site.
Section 17 (1) and (2) BEFORE amended by BC Reg 266/2022, effective January 1, 2023.
(1) A permit holder for a type C site must decommission the site by December 31 of the calendar year that is 5 calendar years after the reference year for the site.
(2) A permit holder for a type C site must assess the site by December 31 of the calendar year that is 2 calendar years after the calendar year in which the site is decommissioned.
Section 17 (4) and (5) were added by BC Reg 266/2022, effective January 1, 2023.
Section 19 (1) (part) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(1) For the purpose of section 43.4 (2) [liability reduction plan] of the Act, a permit holder may submit to the commission a liability reduction plan if
Section 19 (1) (part) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A permit holder may submit to the commission a liability reduction plan if
(2) Without limiting the authority of the commission, section 26 (2) to (4) [actions by commission respecting permit] of the Act applies to a determination of whether to approve a liability reduction plan.
Section 19.1 (1) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) If the commission approves a liability reduction plan that covers a former site, the requirements in Division 1 do not apply in relation to the former site, except to the extent set out in the liability reduction plan.
(2) Without limiting any other power of the commission, if a permit holder does not comply with an approved liability reduction plan that relates to a former site, the commission may revoke the approval of that plan.
Section 20 (a) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(a) the portfolio of the permit holder includes more than 100 type A sites, or
Section 21 (1) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(1) This section applies in relation to a permit holder who intends to submit under section 19 a liability reduction plan that covers a dormant site for which a local Indigenous nation is identified.
Section 21 (3) (b) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) submit a report to the commission that
Section 21 (4) (b) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) a statement that the permit holder will submit a copy of the notice, reply and further notice to the commission, and
Section 21 (4) (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) as soon as practicable after giving the further notice, submit a copy of the notice, reply and further notice to the commission.
Section 22 (1) (a) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(a) the dormant sites that are covered by the plan, and
Section 22 (1) (b) (i) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(i) a site that becomes a dormant site after the plan is approved;
Section 22 (2) (b) (i), (ii) and (iii) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(i) the number of dormant sites covered by the plan to be decommissioned in the calendar year,
(ii) the number of dormant sites covered by the plan to be assessed in the calendar year, and
(iii) the number of dormant sites covered by the plan to be restored in the calendar year.
Section 22 (3) (part) and (4) (part) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(3) A liability reduction plan must be consistent with the assessment of the dormant sites covered by the plan within the following timelines:
(4) A liability reduction plan must be consistent with the restoration of the dormant sites covered by the plan within the following timelines:
Section 22 (3) (c) BEFORE amended by BC Reg 288/2020, effective December 18, 2020.
(c) in the case of any other dormant site, by December 31 of the calendar year that is 2 calendar years after the calendar year in which the site is decommissioned.
Section 24 BEFORE re-enacted by BC Reg 288/2020, effective December 18, 2020.
Annual report
24 A liability reduction plan must require the permit holder to submit to the commission, within 60 days after the end of each calendar year that is covered by the plan, a report on the calendar year that
(a) identifies, by permit and type,
(i) the dormant sites covered by the plan that were decommissioned in the calendar year,
(ii) the dormant sites covered by the plan that were assessed in the calendar year,
(iii) the dormant sites covered by the plan that were restored in the calendar year, and
(iv) the dormant sites covered by the plan for which the permit holder transferred the permit in the calendar year,
(b) identifies whether the permit holder is in compliance with the plan and, if not, the measures the permit holder proposes to take to correct the non-compliance and prevent further non-compliance with the plan, and
(i) a copy of the annual work plan referred to in section 23 for the calendar year and an explanation of any deviations from that plan;
(ii) any other information required by the commission;
(iii) a statement, signed by the permit holder or a director or officer of the permit holder, that the annual report is accurate and complete.
Section 24 (1) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) A liability reduction plan must require the permit holder to submit to the commission, within 60 days after the end of each calendar year covered by the plan, a report on the calendar year.
(3) A report under subsection (1) must be submitted in the manner specified by the commission.
Section 24 (2) (c) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) any other information required by the commission;
Section 24 (2) (d) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Section 25.1 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Pipeline deactivation timelines
25.1 In the event of a conflict, a timeline set out in section 17 [type C sites] or 22 [basic requirements] of this regulation prevails over a timeline set out in a plan approved by the commission under section 9 (4) (a) [deactivation] of the Pipeline Regulation.
[en. B.C. Reg. 266/2022, Sch. 1, s. 11.]
Section 25.2 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
Invasive plant compliance record
25.2 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 15 of the Environmental Protection and Management Regulation, including all of the following:
Section 26 BEFORE re-enacted by BC Reg 266/2022, effective January 1, 2023.
Records
26 The following records under this regulation are prescribed for the purposes of section 38 (1) (a) [records, reports and plans] of the Act:
(a) a plan required to be submitted under section 11 or 23 [annual work plan];
(b) a report required to be submitted under section 12 or 24 [annual report];
(c) a report required to be submitted under
(i) section 13 (4) (b) or 25 (a) [notification of annual work plan], or
(ii) section 21 (3) (b) [notification of liability reduction plan];
(d) a notice, reply and further notice required to be submitted under
(i) section 13 (5) (c) or 25 (a), or
(e) a notice required to be given under section 14 or 25 (b) [notification of intention to begin work].
[en. B.C. Reg. 266/2022, Sch. 1, s. 12.]
Part 3 BEFORE repealed by BC Reg 288/2020, effective December 18, 2020.
Application of this Part
27 The requirements in this Part are prescribed for the purposes of section 40 (e) [obligations when permit, permission or authorization expires or is cancelled or spent] of the Act.
Wells
28 (1) A well permit holder must do the following if the permit is cancelled, declared spent or expires as described in section 40 of the Act:
(a) decommission the operating area of the permit;
(b) assess the operating area of the permit;
(c) remediate the operating area of the permit.
(2) Subsection (1) does not apply in relation to a portion of the operating area of a well permit if any of the following is located on the portion:
(a) a facility not solely associated with the well permitted by the permit;
(b) a pipeline not solely associated with the well permitted by the permit;
(c) an oil and gas road not solely associated with the well permitted by the permit.