Section 1 (1) definition of "oil and gas road" was added by BC Reg 136/2013, effective June 3, 2013.
Section 1 (1) definition of "operating area" BEFORE amended by BC Reg 136/2013, effective June 3, 2013.
"operating area" means a seismic line, wellsite, facility area and pipeline corridor;
Section 1 (1) definition of "road right of way" was added by BC Reg 136/2013, effective June 3, 2013.
Section 1 (1) definition of "operating area" BEFORE repealed by BC Reg 214/2014, effective November 24, 2014.
"operating area" means a seismic line, wellsite, facility area, road right of way and pipeline corridor;
Section 1 (1) definitions of "deep groundwater" and "oil and gas activity" were added by BC Reg 41/2016, effective February 29, 2016.
Section 1 (1) definitions of "ground water capture zone", "water supply well" and "waterworks" BEFORE amended by BC Reg 41/2016, effective February 29, 2016.
"ground water capture zone" means an area of land that
(a) contributes ground water to a water supply well that is part of a water supply system under the Drinking Water Protection Act, and
(b) is identified as a ground water capture zone
(i) in the Integrated Land and Resource Registry, maintained under section 7.2 of the Land Act, or
(ii) in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act;
"water supply well" has the same meaning as in section 1 (1) of the Ground Water Protection Regulation, B.C. Reg. 299/2004;
"waterworks" means a water supply intake, water storage reservoir, whether natural or manmade, water diversion structure or water supply system, if the intake, reservoir, structure or system
(i) licensed or the subject of an approval for short-term use under the Water Act, or
(ii) a domestic water system, as defined in the Drinking Water Protection Act, and
(i) in the Integrated Land and Resource Registry, maintained under section 7.2 of the Land Act, or
(ii) in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act;
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 1 (1) definition of "oil and gas activity" BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
"oil and gas activity", in sections 9 and 20, does not include the diversion and use of water from a water source well unless the activity is the diversion and use of deep groundwater under the Water Sustainability Act;
Section 1 (1) definition of "oil and gas road" BEFORE repealed by BC Reg 187/2023, effective September 1, 2023.
"oil and gas road" has the same meaning as in the Oil and Gas Road Regulation;
Section 1 definition of "facility area" BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
"facility area" means an area within which a person carrying out an oil and gas activity has located or intends to locate one or more facilities;
Section 1 definition of "road right of way" BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
"road right of way" has the same meaning as in the Oil and Gas Road Regulation;
Section 1 definition of "wellsite" BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
"wellsite" means an area within which a person carrying out an oil and gas activity has located or intends to locate one or more wells and facilities;
Section 4 (a) (part) BEFORE amended by BC Reg 136/2013, effective June 3, 2013.
(a) that wellsites, facility areas and pipeline corridors not be located within
Section 4 (a) (iii) BEFORE amended by BC Reg 214/2014, effective November 24, 2014.
(iii) any adverse affects on the waterworks, water supply well, water storage reservoir or ground water capture zone can be effectively mitigated, or
Section 4 BEFORE amended by BC Reg 41/2016, effective February 29, 2016.
Water
4 The following objectives with respect to water quality, quantity and timing of flow are prescribed for the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act:
(a) that wellsites, facility areas, road right of way and pipeline corridors not be located within
(i) 100 m of where water is diverted by a waterworks or stored in a water storage reservoir, or
(ii) 100 m of where water is diverted by a water supply well or the ground water capture zone for the water supply well, whichever is greater,
unless
(iii) any adverse effects on the waterworks, water supply well, water storage reservoir or ground water capture zone can be effectively mitigated, or
(iv) the person proposing to locate the operating area is the holder of the authorization for the waterworks, water supply well or water storage reservoir;
(b) that operating areas not be located
(i) within an identified ground water recharge area,
(ii) within a designated watershed, or
(iii) on top of an identified aquifer
unless the operating area will not have a material adverse effect on the quality and quantity of water and the natural timing of water flow.
[am. B.C. Regs. 136/2013, Sch. s. 2; 214/2014, s. 1 (b).]
Section 6 (b) and (d) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(b) that oil and gas activities on an operating area outside of a wildlife habitat area be carried out at a time and in a manner that does not result in physical disturbance to high priority wildlife or their habitat, including disturbance during sensitive seasons and critical life-cycle stages,
(d) that oil and gas activities not damage or render ineffective a wildlife habitat feature.
Section 7 (1) BEFORE renumbered as 7 by BC Reg 136/2013, effective June 3, 2013.
Old-growth management areas, resource features, cultural heritage resources
7 (1) For the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act, the following objectives are prescribed:
(a) that operating areas not be located within an old-growth management area unless it will not have a material adverse effect on the old seral stage forest representation within that area;
(b) that oil and gas activities not damage or render ineffective a resource feature;
(c) that oil and gas activities conserve or, if necessary, protect cultural heritage resources.
Section 7 (b) and (c) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(b) that oil and gas activities not damage or render ineffective a resource feature;
(c) that oil and gas activities conserve or, if necessary, protect cultural heritage resources.
Section 8 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Criterion
8 In deciding whether to amend a permit under section 31 (7) of the Act or grant an extension under section 32 (5) of the Act, the commission must consider whether the amendment or extension, as applicable, is consistent with the government's environmental objectives set out in Division 1 of this Part.
Section 8.1 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Master licence to cut
8.1 This Part also applies to a holder of a master licence to cut, as defined in section 47.4 (1) of the Forest Act, as though harvesting timber under the master licence to cut is, for the purposes of sections 9 to 17 and 19 to 21 of this regulation, carrying out an oil and gas activity.
[en. B.C. Reg. 148/2012, s. (b).]
Section 9 (1) and (2) (part) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) Subject to subsection (2), a person who is carrying out an oil and gas activity on an operating area that contains a waterworks or water supply well must ensure that the oil and gas activity does not cause a material adverse effect on the quality, quantity or flow of the water to the waterworks or water supply well.
(2) A person is not prohibited from carrying out an oil and gas activity under subsection (1) if
Section 14 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Natural range barriers
14 If a person carrying out an oil and gas activity on an operating area causes the removal or the rendering ineffective of a natural range barrier, the person must, before livestock is turned out on the area, or, if turnout has occurred, as soon as practicable, construct a replacement barrier that is at least as effective as the one removed or rendered ineffective was before the removal or rendering ineffective.
Section 15 (part) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Section 15 (a) and (b) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(a) make reasonable efforts to ensure that seed, plant parts or propagules of an invasive plant are not transported into the area while carrying out the oil and gas activities,
(b) to prevent invasive plants from becoming established, revegetate areas disturbed by the oil and gas activity using seed of ecologically suitable species as soon as practicable after the disturbance, and
Section 19 (1) (part) and (2) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(1) A person who carried out an oil and gas activity on an operating area and who no longer intends to do so must, as soon as practicable, restore the operating area by doing the following:
(2) Sections 9 to 18 and 20 apply to a person restoring an operating area under subsection (1) of this section as though the person were carrying out an oil and gas activity on the operating area.
Section 19 (1) (a), (b) and (c) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(a) de-compacting any soils compacted by the oil and gas activity;
(b) redistributing any retrievable surface soils that were removed from the operating area during construction so that the soil structure is restored, to the extent practicable, to its condition before the oil and gas activity was begun;
(c) if the natural surface drainage pattern was altered by the carrying out of the oil and gas activity, restoring, to the extent practicable, the drainage pattern to its condition before the alteration;
Section 19 (1) (d) (i) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(i) promote the restoration of the wildlife habitat that existed on the area before the oil and gas activity was begun, and
Section 20 (1) and (2) (part) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Water quality
20 (1) Subject to subsection (2), a person who is carrying out an oil and gas activity on an operating area must ensure that the oil and gas activity does not cause a material adverse effect on the quality, quantity or timing of flow of water to a waterworks or a water supply well located on an adjacent area.
(2) A person is not prohibited from carrying out an oil and gas activity under subsection (1) if
Section 21 BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Exemptions by regulator
21 The commission may exempt a person or a class of persons from one or more of the requirements of Divisions 1 and 2 of this Part if satisfied that, in the circumstances, it is not reasonably practicable for the person to comply with the requirement.
Section 21 heading BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
Exemptions by commission
Section 25 (e) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(e) an interpretative forest site, a recreation site or a recreation trail established or continued under the Forest and Range Practices Act;
Section 35 (part) BEFORE amended by BC Reg 41/2016, effective February 29, 2016.
Designated watersheds established
35 The minister responsible for administering the Water Act, by order, may establish a watershed or a portion of a watershed, including a community watershed or a portion of a community watershed, as a designated watershed, if the minister is satisfied that the watershed or portion of the watershed requires special management to protect
Section 38 (b) (i) and (ii) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.
(i) oil and gas activities permitted by a permit issued before the order comes into force, or
(ii) an application for a permit under section 25, 31 or 32 of the Act if the application was submitted to the commission before the order comes into force.