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"Point in Time" Regulation Content

Energy Resource Activities Act

Fee, Levy and Security Regulation

B.C. Reg. 8/2014

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 June 1, 2021
September 1, 2023
March 4, 2024
Part 2 September 1, 2023
Section 4.1 April 20, 2015
May 3, 2016
June 1, 2021
September 1, 2023
Section 5 April 20, 2015
Section 9.1 and 9.2 June 1, 2017
Section 9.1 September 1, 2023
March 4, 2024
Section 9.2 September 1, 2023
March 4, 2024
Section 10 April 20, 2015
Section 11 April 20, 2015
Section 11.1 April 20, 2015
March 16, 2021
Section 11.2 April 20, 2015
March 16, 2021
Section 13.1 March 4, 2024
Section 13.2 March 4, 2024
Section 16 September 1, 2023
Section 17 September 1, 2023
Section 21 September 1, 2023
Part 4 April 1, 2019
Section 23 January 2, 2015
July 9, 2015
January 2, 2016
May 3, 2016
March 15, 2017
Section 23.1 March 15, 2017
December 1, 2018
June 1, 2020
June 1, 2021
Section 23.2 March 15, 2017
March 5, 2018
March 16, 2021
March 27, 2023
Section 23.3 March 16, 2021
March 27, 2023
March 4, 2024
February 27, 2025
Section 24 July 9, 2015
August 27, 2018
Section 24.1 March 15, 2017
Part 4.1 Section 24.2 to 24.4 April 1, 2019
March 4, 2024
Section 24.3 March 16, 2021
Section 24.4 September 1, 2023
Section 25 June 1, 2020
September 1, 2023

 Section 1 definition of "major amendment" BEFORE amended by BC Reg 50/2021, effective June 1, 2021.

"major amendment" has the same meaning as in the Consultation and Notification Regulation, B.C. Reg. 279/2010;

 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 1 definition of "major amendment", paragraph (a) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(a) increase by one hectare or more the approved area with respect to a wellsite, facility, pipeline, oil and gas road or seismic line;

 Section 1 definitions of "ammonia facility", "Class A ammonia facility", "Class A hydrogen facility", "Class A methanol facility", "Class B ammonia facility", "Class B hydrogen facility", "Class B methanol facility", "hydrogen facility", "methanol facility" and "natural gas conversion facility" were added by BC Reg 38/2024, effective March 4, 2024.

 Section 1 definiton of "non-oil-and-gas facility" BEFORE amended by BC Reg 38/2024, effective March 4, 2024.

"non-oil-and-gas facility" means a facility other than an LNG facility, natural gas facility or oil facility;

 Part 2 heading BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Part 2 — Oil and Gas Activity Fees

 Section 4.1 was enacted by BC Reg 59/2015, effective April 20, 2015.

 Section 4.1 BEFORE re-enacted by BC Reg 105/2016, effective May 3, 2016.

Fees for advice and consultation services

4.1   A fee of $350 000 must be submitted if the commission provides advice and consultation services for at least 3 months respecting the oil and gas activity of a proposed

(a) Class C LNG facility, or

(b) Class C pipeline

that requires an environmental assessment certificate under section 10 (1) (c) (i) of the Environmental Assessment Act.

[en. B.C. Reg. 59/2015, s. 1.]

 Section 4.1 (part) BEFORE amended by BC Reg 50/2021, effective June 1, 2021.

4.1   The following fees must be submitted to the commission for advice and consultation services provided in relation to an oil and gas activity for which an environmental certificate under section 10 (1) (c) of the Environmental Assessment Act is required:

 Section 4.1 (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Fees for advice and consultation services

4.1   The following fees must be submitted to the commission for advice and consultation services provided in relation to an oil and gas activity that is a reviewable project within the meaning of the Environmental Assessment Act:

 Section 5 (2) (d) BEFORE amended by BC Reg 59/2015, effective April 20, 2015.

(d) for a Class C pipeline that is 50 km or more in length,

(i) subject to subsection (3), a basic fee of $370 000, and

(ii) $1 400 per km of pipeline;

 Section 5 (3) BEFORE repealed by BC Reg 59/2015, effective April 20, 2015.

(3) Subsection (2) (d) (i) does not apply if

(a) the commission is satisfied that the application is in respect of a segment of pipeline that is an integral component of an overall Class C pipeline project, and

(b) the basic fee referred to in subsection (2) (d) (i) has been submitted in respect of at least one segment of the Class C pipeline project.

 Sections 9.1 and 9.2 were enacted by BC Reg 147/2017, effective June 1, 2017.

 Section 9.1 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Fees on application for a manufacturing plant permit and petroleum refinery permit

9.1   A person who submits an application under section 24 of the Act for a permit to construct or operate a manufacturing plant or petroleum refinery must pay, on receipt of an invoice issued by the commission, a fee of $132 per hour for each hour or portion of an hour that an employee or contractor of the commission spends on reviewing the application.

[en. B.C. Reg. 147/2017.]

 Section 9.1 BEFORE amended by BC Reg 38/2024, effective March 4, 2024.

Fees on application for a manufacturing plant permit and petroleum refinery permit

9.1   A person who submits an application under section 24 of the Act for a permit to construct or operate a manufacturing plant or petroleum refinery must pay, on receipt of an invoice issued by the regulator, a fee of $132 per hour for each hour or portion of an hour that an employee or contractor of the regulator spends on reviewing the application.

[en. B.C. Reg. 147/2017; am B.C. Reg. 202/2023, Sch. 4, s. 4.]

 Section 9.2 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Fees on application for amendment of a manufacturing plant permit and petroleum refinery permit

9.2   A person who submits an application under section 31 of the Act for an amendment to a permit to construct or operate a manufacturing plant or petroleum refinery must pay, on receipt of an invoice issued by the commission, a fee of $132 per hour for each hour or portion of an hour that an employee or contractor of the commission spends on reviewing the application.

[en. B.C. Reg. 147/2017.]

 Section 9.2 BEFORE amended by BC Reg 38/2024, effective March 4, 2024.

Fees on application for amendment of a manufacturing plant permit and petroleum refinery permit

9.2   A person who submits an application under section 31 of the Act for an amendment to a permit to construct or operate a manufacturing plant or petroleum refinery must pay, on receipt of an invoice issued by the regulator, a fee of $132 per hour for each hour or portion of an hour that an employee or contractor of the regulator spends on reviewing the application.

[en. B.C. Reg. 147/2017; am. B.C. Reg. 202/2023, Sch. 4, s. 4.]

 Section 10 (c) BEFORE amended by BC Reg 59/2015, effective April 20, 2015.

(c) for an application for a Class C LNG facility, $650 000.

 Section 11 (b) and (c) BEFORE amended by BC Reg 59/2015, effective April 20, 2015.

(b) for an application for a major amendment to a permit for a Class B LNG facility,

(i) $50 000 in the case of a major amendment to incorporate a completed engineering design, and

(ii) $7 000 in all other cases;

(c) for an application for a major amendment to a permit for Class C LNG facility,

(i) $350 000 in the case of a major amendment to incorporate a completed engineering design, and

(ii) $15 000 in all other cases.

 Section 11.1 was enacted by BC Reg 59/2015, effective April 20, 2015.

 Section 11.1 (b) BEFORE repealed by BC Reg 79/2021, effective March 16, 2021.

(b) for a Class C LNG facility, $150 000.

 Section 11.2 was enacted by BC Reg 59/2015, effective April 20, 2015.

 Section 11.2 (b) BEFORE repealed by BC Reg 79/2021, effective March 16, 2021.

(b) for a Class C LNG facility, $100 000.

 Section 13.1 was enacted by BC Reg 38/2024, effective March 4, 2024.

 Section 13.2 was enacted by BC Reg 38/2024, effective March 4, 2024.

 Section 16 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Fees on application for a permit

16   The following fees must be submitted on application under section 24 of the Act for a permit to construct an oil and gas road:

(a) $100 per km, if the oil and gas road is 5 km or greater in length and is to be constructed as a winter access road only;

(b) $200 per km, if the oil and gas road is 5 km or greater in length and is to be constructed as an all-season access road.

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

Fees on application for amendment of a permit

17   A $500 fee must be submitted on application under section 31 of the Act for a major amendment to a permit for an oil and gas road 5 km or greater in length.

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

Other fees

21   A person who requests information from the commission must submit the following fees:

 Part 4 heading BEFORE amended by BC Reg 45/2019, effective April 1, 2019.

Part 4 — Levies

 Section 23 (a) and (b) BEFORE amended by BC Reg 202/2014, effective January 2, 2015.

(a) if the permit holder is a producer, $1.45 per m3 of petroleum produced by the producer;

(b) if the permit holder is a producer, $0.73 per 1 000 m3 of marketable gas produced by the producer;

 Section 23 (a) and (b) BEFORE amended by BC Reg 131/2015, effective July 9, 2015.

(a) if the permit holder is a producer, $1.42 per m3 of petroleum produced by the producer;

(b) if the permit holder is a producer, $0.71 per 1 000 m3 of marketable gas produced by the producer;

 Section 23 (b) BEFORE amended by BC Reg 259/2015, effective January 2, 2016.

(b) if the permit holder is a producer, $0.65 per 1 000 m3 of marketable gas produced by the producer;

 Section 23 (a) BEFORE amended by BC Reg 105/2016, effective May 3, 2016.

(a) if the permit holder is a producer, $1.30 per m3 of petroleum produced by the producer;

 Section 23 (b) BEFORE repealed by BC Reg 105/2016, effective May 3, 2016.

(b) if the permit holder is a producer, $0.71 per 1 000 m3 of marketable gas produced by the producer;

 Section 23 BEFORE amended by BC Reg 106/2017, effective March 15, 2017.

Levy

23   For the purposes of section 110 of the Act, a permit holder must pay the following levies:

(a) if the permit holder is a producer,

(i) for invoices sent by the collector in May and June of 2016, $1.20 per m3 of petroleum produced by the producer,

(ii) for any other invoices, $1.30 per m3 of petroleum produced by the producer,

(iii) for invoices sent by the collector in May and June of 2016, $0.60 per 1 000 m3 of marketable gas produced by the producer, and

(iv) for any other invoices, $0.71 per 1 000 m3 of marketable gas produced by the producer;

(b) Repealed. [B.C. Reg. 105/2016, s. (b).]

(c) if the permit holder holds a pipeline permit respecting a Class A pipeline, $50 per km of the permit holder's Class A pipeline;

(d) if the permit holder holds a pipeline permit respecting a Class B pipeline, $60 per km of the permit holder's Class B pipeline;

(e) if the permit holder holds a pipeline permit respecting a Class C pipeline, $200 per km of the permit holder's Class C pipeline.

[am. B.C. Regs. 202/2014; 131/2015, s. (a); 259/2015; 105/2016, s. (b).]

 Section 23.1 was enacted by BC Reg 106/2017, effective March 15, 2017.

 Section 23.1 (a) and (b) BEFORE amended by BC Reg 240/2018, effective December 1, 2018.

(a) $1.30 per m3 of petroleum produced by the producer;

(b) $0.71 per 1 000 m3 of marketable gas produced by the producer.

 Section 23.1 (b) BEFORE amended by BC Reg 109/2020, effective June 1, 2020.

(b) $0.85 per 1 000 m3 of marketable gas produced by the producer.

 Section 23.1 (b) BEFORE amended by BC Reg 79/2021, effective June 1, 2021.

(b) $0.77 per 1 000 m3 of marketable gas produced by the producer.

 Section 23.2 was enacted by BC Reg 106/2017, effective March 15, 2017.

 Section 23.2 (2) BEFORE amended by BC Reg 27/2018, effective March 5, 2018.

(2) For the purposes of section 110 of the Act, a pipeline permit holder must pay a levy of $700 per km of the permitted length of the pipeline permit holder's pipeline in respect of the following major projects:

(a) the Coastal GasLink Pipeline Project;

(b) the Pacific Trail Pipelines Project;

(c) the Prince Rupert Gas Transmission Project.

 Section 23.2 (2) (a) and (b) BEFORE amended by BC Reg 79/2021, effective March 16, 2021.

(a) $2 650 in respect of the Coastal GasLink Pipeline Project;

(i) the Coastal GasLink Pipeline Project, and

(ii) the Pacific Trail Pipelines Project;

(b) $500 in respect of the Prince Rupert Gas Transmission Project.

 Section 23.2 (2) (a) BEFORE amended by BC Reg 79/2023, effective March 27, 2023.

(a) $2 650 in respect of the Coastal GasLink Pipeline Project;

 Section 23.3 was enacted by BC Reg 79/2021, effective March 16, 2021.

 Section 23.3 was renumbered as section 23.3 (1) and (2) was added by BC Reg 79/2023, effective March 27, 2023.

 Section 23.3 BEFORE amended by BC Reg 79/2023, effective March 27, 2023.

Levy — LNG facility permit holders

23.3   For the purposes of section 110 of the Act, a person who holds a Class C LNG facility permit in respect of the LNG Canada Project must pay a levy of $1 100 000.

[en. B.C. Reg. 79/2021, Sch. s. 3.]

 Section 23.3 (2) BEFORE amended by BC Reg 38/2024, effective March 4, 2024.

(2) For the purposes of section 110 of the Act, a person who holds a Class C LNG facility permit in respect of the Woodfibre LNG Project must pay a levy of $900 000.

 Section 23.3 (2) BEFORE amended by BC Reg 25/2025, effective February 27, 2025.

(2) For the purposes of section 110 of the Act, a person who holds a Class C LNG facility permit in respect of the Woodfibre LNG Project must pay a levy of $1 200 000.

 Section 24 (3) BEFORE amended by BC Reg 131/2015, effective July 9, 2015.

(3) A producer who receives an invoice from the collector must, within 15 business days of receiving the invoice, pay to the collector, at the address that the collector may from time to time specify, the amount stated in the invoice.

 Section 24 (0.1) was added by BC Reg 175/2018, effective August 27, 2018.

 Section 24 (1) BEFORE amended by BC Reg 175/2018, effective August 27, 2018.

(1) The collector must invoice, on a monthly basis, each producer for an amount equal to the aggregate of the following calculations:

(a) the marketable gas levy rate applicable in the billing month multiplied by the volume of marketable gas produced by that producer in the preceding production month;

(b) the petroleum levy rate applicable in the billing month multiplied by the volume of petroleum produced by that producer in the preceding production month.

 Section 24 (3) BEFORE amended by BC Reg 175/2018, effective August 27, 2018.

(3) A producer who receives an invoice from the collector must, within 15 days of receiving the invoice, pay to the collector, at the address that the collector may from time to time specify, the amount stated in the invoice.

 Section 24.1 was enacted by BC Reg 106/2017, effective March 15, 2017.

 Part 4.1, sections 24.2, 24.3 and 24.4 were enacted by BC Reg 45/2019, effective April 1, 2019.

 Section 24.2 defintion of "designated permit", paragraph (a) (ii) BEFORE amended by BC Reg 38/2024, effective March 4, 2024.

(ii) a facility permit that includes permission to construct or operate a manufacturing plant or petroleum refinery;

 Section 24.3 BEFORE re-enacted by BC Reg 79/2021, effective March 16, 2021.

Levy imposed

24.3   Permit holders described in column 1 of the table are required to pay an orphan site restoration levy to the government, apportioned based on their situations on the date set out in column 2 opposite that description, to raise the amount set out in column 3 opposite that description.

Table

ItemColumn 1
Permit holders
Column 2
Apportionment date
Column 3
Amount to be raised
1a person who holds a designated permit on April 1, 2019April 1, 2019$7.5 million
2a person who holds a designated permit on April 1, 2020April 1, 2020$11.25 million
3a person who holds a designated permit on April 1, 2021April 1, 2021$15 million

[en. B.C. Reg. 45/2019, s. 2.]

 Section 24.4 BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

Payment of levy

24.4   A permit holder who is required to pay an orphan site restoration levy must pay the amount required under section 47 (2) of the Act within 15 days after receiving an invoice for that amount from the commission.

[en. B.C. Reg. 45/2019, s. 2.]

 Section 25 (1) BEFORE amended by BC Reg 109/2020, effective June 1, 2020.

(1) Security required under section 23 or 30 of the Act must be submitted in the form of cash or an irrevocable letter of credit from a Canadian chartered bank or credit union.

 Section 25 (4) (part) BEFORE amended by BC Reg 202/2023, effective September 1, 2023.

(4) The commission must return a security in its entirety to a person who provided the security