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"Point in Time" Regulation Content

Energy Resource Activities Act

Oil and Gas Processing Facility Regulation

B.C. Reg. 48/2021

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
Section 1 September 1, 2023
Section 3 September 1, 2023
Section 4 September 1, 2023
Section 5 September 1, 2023
Section 6 June 1, 2023
Section 7 September 1, 2023
Section 8 September 1, 2023
Section 9 September 1, 2023
Section 10 September 1, 2023
Section 12 September 1, 2023
Section 14 September 1, 2023
Section 16 June 1, 2023
September 1, 2023
Section 17 September 1, 2023
Section 20 September 1, 2023
Section 21 September 1, 2023
Section 23 September 1, 2023
Section 24 September 1, 2023
Section 27.1 June 12, 2023
September 1, 2023
Section 29 June 12, 2023
Section 30 June 12, 2023
Section 31 September 1, 2023
Section 33 March 5, 2022
Schedule June 1, 2023

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

(1) An applicant for a processing facility permit must submit to the commission an application that includes all of the following information and records respecting the proposed processing facility:

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

(i) is prepared by a third party acceptable to the commission or by a qualified professional, and

 Section 5 (1) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(1) In this section, "local Indigenous nation", in relation to a facility site, means an Indigenous nation that is identified for the facility site in a manner specified by the commission.

 Section 5 (3) (a) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) be made in the form and manner required by the commission, and

(b) include any additional information and records required by the commission.

 Section 6 (2) (b) (i) BEFORE repealed by BC Reg 181/2022, effective June 1, 2023.

(i) a security management program that details the processes and procedures to protect the processing facility and the facility site from external human factors,

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

(i) the information and records given to the commission under section 3 [application for processing facility permit], and

 Section 8 (2) (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) the safe storage in tanks of petroleum, natural gas, the products of petroleum or natural gas, and any other solids and fluids, including waste;

 Section 9 (1) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(1) A processing facility permit holder must notify the commission at least 2 days before beginning construction of the processing facility or permitted modifications.

(2) Unless the commission permits otherwise, a processing facility permit holder must construct a processing facility in accordance with the codes and standards.

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

(a) report to the commission, in accordance with subsection (2), respecting any

 Section 10 (2) (b) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(b) ends on the earliest date that the processing facility permit holder sends notice to the commission that the permit holder intends

 Section 10 (3) (a) and (d) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) give to the commission an updated design basis for the systems referred to in section 3 (1) (e) [application for processing facility permit];

(d) give to the commission a report that includes the findings and recommendations of the studies referred to in paragraph (b) and, if applicable, paragraph (c).

 Section 12 (1) and (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(1) A processing facility permit holder must give to the commission, on request, a report verifying that any modular units in the processing facility have been constructed and tested in accordance with the management system.

(2) A verification report must be prepared by a third party acceptable to the commission or by a qualified professional.

 Section 14 (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(2) A processing facility permit holder must give to the commission a schedule of when the inspections and tests referred to in subsection (1) will be conducted.

 Section 16 (2) (b) BEFORE repealed by BC Reg 181/2022, effective June 1, 2023.

(b) a copy of the security management program referred to in section 6 (2) (b) (i) [development of management system];

 Section 16 (1) (a) and (c) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) give to the commission the notice and records referred to in subsection (2);

(c) give to the commission the notice referred to in subsection (4).

 Section 16 (1) (b) (i) and (ii) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(i) the commission gives notice under subsection (3) (b), or

(ii) 14 days pass after the notice and records referred to in subsection (2) are given to the commission, if no notice is given by the commission under subsection (3) (a) or (b);

 Section 16 (2) (part), (3) (part) and (4) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(2) For the purposes of subsection (1) (a), the processing facility permit holder must give to the commission all of the following:

(3) For the purposes of subsection (1) (b), the commission may give one or both of the following notices to the processing facility permit holder:

(4) For the purposes of subsection (1) (c), the processing facility permit holder must give at least 24 hours' notice to the commission of the date that the permit holder intends to begin operating the processing facility.

 Section 16 (3) (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) a notice that the commission requires additional time to review the information given to the commission under subsection (2) (b) and (c) and section 14 (2) [pre-operation testing];

 Section 17 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Record drawings

17   A processing facility permit holder must, within 9 months after the permit holder begins to operate the processing facility, give to the commission record drawings that

 Section 20 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Notices of equipment and shutdowns

20   A processing facility permit holder must notify the commission at least 24 hours before doing either of the following:

 Section 21 (3) (a) (part) and (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) notify the commission

(b) give to the commission, on request, information respecting the events.

 Section 23 (1) (b) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(b) give to the commission a copy of the suspension plan.

 Section 23 (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(2) A processing facility permit holder must notify the commission at least 5 days before operations resume after a suspension of operations.

 Section 24 (1) (c), (d) and (e) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(c) give to the commission a copy of the plan referred to in paragraph (b) and a schedule of activities under that plan;

(d) once the plan referred to in paragraph (b) is approved by the commission, implement that plan;

(e) notify the commission at least 60 days before beginning the decommissioning process and on completing the decommissioning process.

 Section 27.1 was enacted by BC Reg 145/2023, effective June 12, 2023.

 Section 27.1 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Invasive plant compliance record

27.1   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 29 item 6 was added by BC Reg 145/2023, effective June 12, 2023.

 Section 30 BEFORE re-enacted by BC Reg 145/2023, effective June 12, 2023.

Production and submission of records

30   For the purposes of section 38 (1) (d) and (e) of the Act, the records referred to in this Division are the records that must be produced or submitted at the request of the commission in accordance with that section.

 Section 31 (2) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(2) A processing facility permit holder must give to the commission, on request, a copy of the management system and any related records.

 Section 33 BEFORE self-repealed by BC Reg 48/2021, effective March 5, 2022.

Transition

33   (1) A person who holds a permit, issued before March 4, 2021 for the construction or operation of a gas processing plant within the meaning of the Drilling and Production Regulation,

(a) is deemed to hold a processing facility permit issued under this regulation until the earliest date that the permit expires or is surrendered or cancelled,

(b) must comply

(i) with this regulation no later than March 4, 2022, and

(ii) with that regulation until the date that the person begins to comply with this regulation or March 4, 2022, whichever is earlier, and

(c) must, until March 4, 2022,

(i) continue to carry out operations in accordance with the integrity management program that applied to the gas processing facility under the Drilling and Production Regulation immediately before March 4, 2021, and

(ii) give to the commission, on request, information relevant to the requirement set out in subparagraph (i).

(2) This section is repealed March 5, 2022.

 Section 1 definition of "boundary" BEFORE amended by BC Reg 181/2022, effective June 1, 2023.

"boundary" means the boundary at which access to the processing facility is controlled, as identified in the security management program referred to in section 6 (2) (b) (i) [development of management system] of this regulation;