Section 1 definitions of "local authority", "oil and gas road", "qualified professional" and "right holder" BEFORE amended by BC Reg 50/2021, effective June 1, 2021.
has the same meaning as in section 1 of the Consultation and Notification Regulation, B.C. Reg. 279/2010;
"oil and gas road" has the same meaning as in the Oil and Gas Road Regulation, B.C. Reg. 56/2013;
"qualified professional" has the same meaning as in section 1 of the Drilling and Production Regulation, B.C. Reg. 282/2010;
"rights holder" has the same meaning as in section 1 of the Consultation and Notification Regulation;
Section 1 definitions of "airport zoning area" and "local Indigenous nation" were added by BC Reg 226/2021, effective September 1, 2021.
Section 1 definition of "emergency" BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
"emergency" means an incident classified in accordance with section 10 (1) as a level 1, 2 or 3 incident that requires action by a permit holder to protect persons, property or the environment;
Section 1 definitions of "Act", "emergency planning zone" and "local Indigenous nation" BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
"Act" means the Oil and Gas Activities Act;
"emergency planning zone" means a geographical area that encompasses all the hazard planning zones for an oil and gas activity that is the subject of a plan;
"local Indigenous nation", in relation to a hazard planning zone, means an Indigenous nation that is identified for the hazard planning zone in a manner specified by the commission;
Section 1 definition of "oil and gas road" BEFORE repealed by BC Reg 202/2023, effective September 1, 2023.
"oil and gas road" has the same meaning as in the Oil and Gas Road Regulation;
Section 3 (2) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) after a significant change occurs in the types of hazards and risks arising from the permit holder's oil and gas activities that are the subject of the permit holder's plan,
Section 4 BEFORE re-enacted by BC Reg 226/2021, effective September 1, 2021.
Training and exercises
4 (1) A permit holder must develop a training plan that takes into account all of the elements referred to in clause A.4.9.1 of Annex A of CSA Z246.2.
(2) A permit holder must conduct a full-scale (major) exercise, as described in clause A.4.10 of Annex A of CSA Z246.2, at least once every 3 years.
(3) A permit holder must conduct a tabletop or functional exercise, as described in clause A.4.10 of Annex A of CSA Z246.2, at the following times:
(a) in each year that an exercise referred to in subsection (2) is not conducted;
(b) within 3 months after the first day the permit holder carries on an oil and gas activity;
(c) within 3 months after a change in the permit holder's emergency response staff, if both of the following conditions are met:
(i) there is a change in at least 1/3 of the permit holder's emergency response staff since the permit holder last conducted a tabletop or functional exercise;
(ii) none of the new emergency response staff have previously participated in a tabletop or functional exercise under the permit holder's program for a similar oil and gas activity.
(4) A permit holder must, at least 30 days before conducting an exercise referred to in subsection (2) or (3), give the commission notice that the exercise will be conducted and include with the notice a description of the exercise.
Section 4.1 (4) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) the addition of the facility, pipeline or equipment does not increase the hazard planning zone for the oil and gas activity.
Section 4.1 (5) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(5) At least 30 days before conducting a full-scale exercise, a permit holder must give the commission notice that the exercise will be conducted and include with the notice a description of the exercise.
Section 4.2 (2) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(b) within 3 months after the first day the permit holder carries out an oil and gas activity;
Section 4.2 (2) (c) (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(ii) none of the new emergency response staff have previously participated in a tabletop exercise or a functional exercise under the permit holder's program for a similar oil and gas activity;
Section 4.2 (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(3) At least 30 days before conducting a tabletop exercise or a functional exercise, a permit holder must give the commission notice that the exercise will be conducted and include with the notice a description of the exercise.
Section 5 (5) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(5) If the site of an oil and gas activity that is the subject of a plan is located within 2 kilometres of an airport, the plan must contain contact information for the operator of the airport.
Section 5 (2) (part), (3) and (5) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2) If both of the following conditions are met, the permit holder may prepare a single, coordinated plan for more than one of the permit holder's oil and gas activities:
(3) A permit holder must prepare a plan in 2 parts so that the commission can make one part of the plan publicly available.
(5) If part of the emergency planning zone for an oil and gas activity is located within an airport zoning area, a plan for the oil and gas activity must include contact information for the operator of the airport.
Section 5 (2) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) the site-specific hazards and risks of each oil and gas activity that would be the subject of a plan are the same;
(b) the same emergency response staff are assigned, in accordance with the permit holder's emergency management system, to the oil and gas activities.
Section 7 BEFORE re-enacted by BC Reg 226/2021, effective September 1, 2021.
Hazard planning distances
7 (1) For the purposes of this regulation, hazard planning distances are
(b) measured from the site of an oil and gas activity that is the subject of a plan.
(2) A permit holder must determine a hazard planning distance as follows:
(a) for fluids containing hydrogen sulphide, in accordance with Schedule A, B or C, as applicable;
(b) for hazards other than hydrogen sulphide, in accordance with subsection (3).
(3) The hazard planning distance for a hazard referred to in subsection (2) (b) must be equal to or greater than any of the following:
(a) a distance recommended for the hazard in an assessment conducted by a qualified professional;
(b) a distance determined for the hazard using a table, software application or other resource evaluated and approved by a qualified professional;
(c) a distance recommended for the hazard by the Emergency Response Guidebook published by Transport Canada, as amended from time to time.
Section 7 (1) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) the greatest horizontal distance calculated under subsection (2) or (3), as applicable, in respect of an oil and gas activity that is the subject of a plan, and
(b) measured from the site of the oil and gas activity.
Section 7 (3) (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) unless the hazard is a well, pipeline, or other oil and gas activity with a fluid capacity greater than 200 m3, a distance recommended for the hazard by the Emergency Response Guidebook published by Transport Canada, as amended from time to time.
Section 8 (1) (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) if the site-specific hazards and risks of the oil and gas activity that is the subject of the plan change significantly,
Section 8 (2) (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) consider any responses to requests under section 13 (2) (d) (ii) received after the permit holder submitted the plan or updated information to the commission.
Section 10 (1) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(1) Immediately after a permit holder becomes aware of an incident, the permit holder must classify the incident according to the Incident Classification Matrix set out in Schedule D.
Section 10 (1) BEFORE amended by BC Reg 181/2022, effective June 1, 2023.
(1) Immediately after a permit holder becomes aware of an incident, the permit holder must classify the incident according to the event or consequence in the Incident Classification Matrix in Schedule D that most closely describes the most severe event or consequence of the incident.
Section 11 (1) (part), (2) (part) and (3) (part) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(1) When an emergency occurs, a permit holder must,
(2) During an emergency involving a critical sour well, a permit holder must do all of the following:
(3) For the purposes of subsection (2), a sour well is critical if either of the following applies:
Section 11 (1) (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(c) notify the commission within one hour of becoming aware of the incident.
Section 13 (1) (d) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(d) a First Nation, if all or a portion of the First Nation's Indian reserve is located within the emergency planning zone;
Section 13 (1) (h) was added by BC Reg 226/2021, effective September 1, 2021.
Section 13 (2) (d) (iii) was added by BC Reg 226/2021, effective September 1, 2021.
Section 13 (3) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(3) If a permit holder receives a response to a request under subsection (2) (d) (ii) before submitting a plan to the commission, the permit holder must consider the response in the preparation of the plan.
Section 13 (1) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Before submitting a plan to the commission, a permit holder must give the information set out in subsection (2) to the following persons or other entities:
(3) If a permit holder receives a response to a request under subsection (2) (d) (ii) or (iii) before submitting a plan to the commission, the permit holder must consider the response in the preparation of the plan.
Section 13 (2) (b) (i) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) roads, including oil and gas roads,
Section 13 (2) (c) (i) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(i) the site-specific hazards and risks of the oil and gas activity that is the subject of the plan,
Section 14 (1) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(a) there is a change in operations that temporarily increases the site-specific hazards and risks of an oil and gas activity that is the subject of a plan;
(b) in respect of the plan, a permit holder determines an expanded emergency planning zone because of the temporary increase in the site-specific hazards and risks of the oil and gas activity.
Section 15 (2) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(2) Within 60 days after completing an exercise described in section 4 (2) or (3), a permit holder must submit to the commission the report described in section 16 (2).
Section 15 (1), (2), (3) and (4) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(1) Within 14 days after appointing a coordinator in accordance with clause 4.6 of CSA Z246.2, a permit holder must submit to the commission the name and contact information of the coordinator.
(2) Within 60 days after completing an exercise described in sections 4.1 or 4.2, a permit holder must submit to the commission the report described in section 16 (2).
(3) Within 30 days after preparing a plan under section 5, a permit holder must submit to the commission, in both paper and electronic form, a copy of the plan.
(4) Within 30 days after reviewing a plan under section 8, a permit holder must submit to the commission, in both paper and electronic form, the following, as applicable:
Section 16 (1) and (2) BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
(1) A permit holder must prepare and maintain a written record of participants in training or in an exercise described in sections 4.1 or 4.2.
(2) On completing an exercise described in section 4 (2) or (3), a permit holder must prepare a report that does all of the following:
Section 16 (2.1) was added by BC Reg 226/2021, effective September 1, 2021.
Section 16 (2.1) (part) and (3) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.
(2.1) If spillage that is reportable under section 91.2 (1) (a) of the Environmental Management Act occurs in relation to an oil and gas activity, a permit holder for the oil and gas activity must provide a written report to the commission at the following times:
(3) A permit holder must prepare a report of the results of an evaluation of a response to an emergency and maintain the report until the permit for the oil and gas activity that is the subject of the plan is cancelled by the commission or declared by the commission to be spent.
Schedule D table items 2 and 4 BEFORE amended by BC Reg 226/2021, effective September 1, 2021.
| 2 | • Major on-site equipment failure • Malicious equipment damage or tampering • Liquid spill or gas release beyond site, potentially affecting persons, property or the environment • Occurrence of magnitude 4.5 or greater induced earthquake (felt at surface, probability must be recorded as 2 or higher) | Level 3 incident | Level 2 incident | Level 2 incident | Level 1 incident | Level 1 incident |
| 4 | • Moderate on-site equipment damage • Minor vandalism or facility security incident • Liquid spill or gas release confined to site • Occurrence of magnitude 4.0 or greater induced earthquake (felt at surface, probability must be recorded as 2 or higher) | Level 2 incident | Level 1 incident | Level 1 incident | Minor incident | Minor incident |