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"Point in Time" Regulation Content

Energy Resource Activities Act

Pipeline Regulation

B.C. Reg. 281/2010

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Title July 21, 2014
Section 1 July 21, 2014
September 1, 2023
Section 3 July 21, 2014
March 9, 2020
Section 4 July 21, 2014
March 9, 2020
September 1, 2023
Section 5 March 9, 2020
Section 7 March 9, 2020
December 18, 2020
September 1, 2023
Section 8 October 1, 2014
Section 9 March 9, 2020
December 18, 2020
September 1, 2023
Section 10 March 9, 2020
September 1, 2023
Section 11 July 21, 2014
March 9, 2020
Section 12 July 21, 2014
Section 12.1 June 12, 2023
September 1, 2023
Section 13 July 21, 2014
Section 13.1 June 12, 2023
Section 14 July 21, 2014

 Title BEFORE re-enacted by BC Reg 147/2014, effective July 21, 2014.

Pipeline and Liquefied Natural Gas Facility Regulation

 Section 1 definitions of "CSA Z276", "LNG facility permit" and "LNG facility permit holder" BEFORE repealed by BC Reg 147/2014, effective July 21, 2014.

"CSA Z276" means the standard published by the Canadian Standards Association as CSA Z276, Liquefied Natural Gas-Production, Storage and Handling, as amended from time to time;

"LNG facility permit" means a permit that includes permission to operate a liquid natural gas facility;

"LNG facility permit holder" means a permit holder of a LNG facility permit.

 Section 1 definition of "Act" BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

"Act" means the Oil and Gas Activities Act;

 Section 3 (3) BEFORE repealed by BC Reg 147/2014, effective July 21, 2014.

(3) A LNG facility permit holder must not design, construct, operate or maintain a liquefied natural gas facility except in accordance with CSA Z276, unless otherwise specified in this regulation.

 Section 3 (1) (part) BEFORE amended by BC Reg 54/2020, effective March 9, 2020.

(1) Subject to subsection (2), a pipeline permit holder must not design, construct, operate or maintain any of the following except in accordance with CSA Z662:

 Section 4 (1) BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

(1) A pipeline permit holder and an LNG facility permit holder must notify the commission

(a) at least 2 days before beginning construction of a pipeline or liquid natural gas facility of its intention to begin construction,

(b) at least 2 days before beginning a pressure test of a pipeline of its intention to begin testing, and

(c) before beginning operation of a pipeline or liquid natural gas facility of its intention to begin operation.

 Section 4 (2) BEFORE amended by BC Reg 54/2020, effective March 9, 2020.

(2) A pipeline permit holder must submit to the commission the pipe and component specifications and the as-built drawings for the pipeline within 3 months after completion of construction of a pipeline.

 Section 4 (3) was added by BC Reg 54/2020, effective March 9, 2020.

 Section 4 (1) (part) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(1) A pipeline permit holder must notify the commission

(2) Within 60 days after a pipeline permit holder completes construction of the pipeline and all associated activities, the holder must prepare and submit to the commission post-construction plot plans showing the location of the pipeline and all associated oil and gas activities.

 Section 4 (3) (b) and (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(b) have the record drawings signed and sealed by a professional engineer who is licensed or registered under the Engineers and Geoscientists Act, and

(c) submit to the commission

 Section 5 (4) was added by BC Reg 54/2020, effective March 9, 2020.

 Section 7 BEFORE re-enacted by BC Reg 54/2020, effective March 9, 2020.

Integrity management and damage prevention programs

7   (1) A pipeline permit holder must not operate a pipeline approved by the permit unless

(a) the holder has prepared a pipeline integrity management program for the pipeline that complies with CSA Z662 and Annex N of CSA Z662,

(b) the holder has prepared a damage prevention program for the purpose of anticipating and preventing damage to the permit holder's pipeline,

(c) the pipeline is operated in accordance with the pipeline integrity management program and the damage prevention program,

(d) the holder is a member of BC One Call.

(2) A pipeline permit holder, on the request of an official, must make available to the commission a copy of the pipeline integrity management program required under subsection (1) (a) or a description of the damage prevention program required under subsection (1) (b).

 Section 7 (1) to (4) BEFORE amended by BC Reg 289/2020, effective December 18, 2020.

(1) In this section:

"damage prevention program" means the program referred to in subsection (3);

"pipeline integrity management program" means the program referred to in subsection (2).

(2) A pipeline permit holder must not construct a pipeline approved by the permit unless the holder has first prepared a pipeline integrity management program

(a) for the construction, operation, maintenance, repair, deactivation and abandonment of the pipeline, and

(b) that complies with CSA Z662.

(3) A pipeline permit holder must not operate a pipeline approved by the permit unless the holder has first prepared a damage prevention program for the purpose of anticipating and preventing damage to the permit holder's pipeline.

(4) A pipeline permit holder must not operate a pipeline approved by the permit unless the pipeline is operated in accordance with the pipeline integrity management program and the damage prevention program.

 Section 7 (6) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(6) On the request of an official, a pipeline permit holder must make the following available to the commission as requested:

 Section 8 BEFORE repealed by BC Reg 204/2013, effective October 1, 2014.

Emergency planning zones and response plans

8   If fluids to be transported through a pipeline will contain hydrogen sulphide, the pipeline permit holder, before beginning operation, must

(a) calculate an emergency planning zone,

(b) prepare an emergency response plan respecting the zone referred to in paragraph (a),

(c) submit the plan to the commission, and

(d) in the case of an emergency, respond to the emergency in accordance with the plan.

 Section 9 BEFORE re-enacted by BC Reg 54/2020, effective March 9, 2020.

Deactivation

9   If a pipeline permit holder has not transported fluids through the holder's permitted pipeline or part of a pipeline for 18 consecutive months, the pipeline permit holder must

(a) submit a plan for resuming the transportation of fluids through the pipeline, or

(b) deactivate the pipeline or part of the pipeline in accordance with CSA Z662 and notify the commission on completion of the deactivation.

 Section 9 BEFORE re-enacted by BC Reg 289/2020, effective December 18, 2020.

Deactivation

9   (1) For the purposes of this section, a permit holder's permitted pipeline is deemed to be inactive if

(a) the pipeline permit holder has not transported fluids through the holder's permitted pipeline or part of that pipeline for 18 consecutive months, or

(b) more than 18 months have passed since construction of the holder's permitted pipeline was completed and the pipeline permit holder has not begun to transport fluids through that pipeline or part of that pipeline.

(2) Subject to subsection (3), within 18 months after the date on which a permit holder's permitted pipeline is deemed to be inactive, the pipeline permit holder must

(a) deactivate the pipeline or part of the pipeline, and

(b) notify the commission on completion of the deactivation.

(3) Subsection (2) does not apply if, before the end of the 18 month period, the commission receives from the pipeline permit holder, and approves, one of the following:

(a) a plan for resuming or commencing the transportation of fluids through the pipeline, as applicable;

(b) a plan to complete deactivation after the end of the 18 month period.

(4) A pipeline permit holder must implement a plan approved under subsection (3).

[en. B.C. Reg. 54/2020, s. 5.]

 Section 9 (3) (a) to (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) deactivate the permitted pipeline or part of the pipeline and notify the commission on completion of the deactivation;

(b) submit to the commission a plan to deactivate the permitted pipeline or part of the pipeline after the end of that period;

(c) submit to the commission a plan for resuming or beginning, as applicable, the transportation of fluids through the permitted pipeline or part of the pipeline.

 Section 9 (4) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(4) If a plan is submitted to the commission under subsection (3) (b) or (c),

(a) the plan must be approved by the commission, and

(b) the pipeline permit holder must implement the plan as approved by the commission.

 Section 10 BEFORE re-enacted by BC Reg 54/2020, effective March 9, 2020.

Reactivation

10   (1) A pipeline permit holder of a deactivated pipeline system may reactivate the pipeline, but must do so in accordance with CSA Z662.

(2) Before reactivating a pipeline, the pipeline permit holder must

(a) notify the commission of the intention to carry out the reactivation, and

(b) if the permit or a permission in a permit relating to the deactivated pipeline has been suspended, request that the suspension be rescinded.

 Section 10 (1) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(1) Before reactivating a pipeline, the pipeline permit holder must notify the commission of the intention to carry out the reactivation.

 Section 11 BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

Obligations on cancellation or cessation of operations

11   The following requirements are prescribed with respect to a pipeline permit and an LNG facility permit for the purposes of section 40 (e) of the Act:

(a) abandon the pipeline in accordance with CSA Z662;

(b) do everything referred to in section 19 (1) (a) to (g) of the Environmental Protection and Management Regulation.

 Section 11 BEFORE re-enacted by BC Reg 54/2020, effective March 9, 2020.

Obligations on cancellation or cessation of operations

11   The following requirements are prescribed with respect to a pipeline permit for the purposes of section 40 (e) of the Act:

(a) abandon the pipeline in accordance with CSA Z662;

(b) do everything referred to in section 19 (1) (a) to (g) of the Environmental Protection and Management Regulation.

[am. B.C. Reg. 147/2014, Sch. 2, s. 5.]

 Section 12 BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

Reports

12   A pipeline permit holder and an LNG facility permit holder must maintain records of any spillage and any damage or malfunction likely to cause spillage that could be a risk to public safety or the environment.

 Section 12.1 was enacted by BC Reg 145/2023, effective June 12, 2023.

 Section 12.1 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Invasive plant compliance record

12.1   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 13 BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

Record retention

13   A pipeline permit holder must comply with the record retention requirements set out in CSA Z662 and Annex N of CSA Z662 and an LNG facility permit holder must comply with the record retention requirements set out in CSA Z276.

 Section 13.1 was enacted by BC Reg 145/2023, effective June 12, 2023.

 Section 14 BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

Exemptions

14   An official may exempt a pipeline permit holder, former pipeline permit holder, LNG facility permit holder or former LNG facility permit holder from complying with one or more provisions of this regulation if the official is satisfied that, in the circumstances,

(a) compliance with the provision or provisions is not reasonably practicable, or

(b) the exemption is in the public interest.