Interpretation

1   (1) In this regulation:

"Act" means the Petroleum and Natural Gas Act;

"allowed capital cost" means a capital cost amount, for a producer's interest, where

(a) the cost has been incurred by the producer,

(b) eligibility of the cost is consistent with the capital cost eligibility criteria established by the administrator,

(c) the cost relates to an approved project, and

(d) the cost has not been deducted in the determination of a producer price;

"allowed historical cost" means an amount, for a producer's interest, equal to the sum of the following:

(a) an allowed capital cost or an allowed operating cost if the cost has been incurred by the producer in the 60 calendar months preceding the project application month;

(b) seismic costs that are directly attributable to the project;

(c) any allowed capital cost or allowed operating cost that has been incurred by the producer prior to the 60 calendar months preceding the project application month and is approved by the administrator under section 2 (g);

"allowed operating cost" means an operating cost amount, for a producer's interest, for which

(a) the cost has been incurred by the producer,

(b) eligibility of the cost is consistent with the operating cost eligibility criteria established by the administrator,

(c) the cost relates to an approved project, and

(d) the cost has not been deducted in the determination of a producer price;

"closing net allowed cost balance" means an amount, for a producer's interest, in a project and calendar month, as at the last day of the calendar month, equal to the sum of the following:

(a) the opening net allowed cost balance for the calendar month;

(b) the net allowed cost for the calendar month;

"force majeure" means one or more of the following events from the initial occurrence through the period of duration:

(a) an act of God or action of a natural element;

(b) war, revolution, insurrection, riot, disturbance, blockade and other similar unlawful acts against public order or authority;

(c) a strike, lockout or other labour disturbance;

(d) a direction, order, injunction or law made by a court or government having or purporting to have jurisdiction, except directions, orders or injunctions of a court or government authority resulting from an unlawful act of a producer or operator of a project;

(e) another event of the nature of those events referred to in paragraphs (a) to (d);

"gross revenue" means gross revenue calculated under section 5;

"invoice" means an invoice issued under section 16;

"long term bond rate" means the monthly rate, stated as a percentage, of the Government of Canada 10-year benchmark bond yields, as published by the Bank of Canada in the calendar month in which the rate is being calculated;

"natural gas by-products" means natural gas by-products as defined in the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation;

"net allowed cost" means an amount, for a producer's interest, for a calendar month that is

(a) the first calendar month subsequent to the project approval month, determined by the following formula:

(b) the project application month or any calendar month after the project application month, other than the first calendar month after the project approval month, determined by the following formula:

"net profit royalty project" or "project" means a 3 dimensional area of petroleum and natural gas subsurface rights as approved by the administrator under section 2 (a);

"net profit royalty project assets" means any equipment item within the project ring fence that is directly associated with the production of oil, natural gas or natural gas by-products;

"net profit royalty well event" means a completion in a zone where the completion is within the project;

"net revenue" means an amount, for a producer's interest, for a calendar month, equal to the sum of gross revenue less the following amounts:

(a) allowed capital costs multiplied by a factor of 1.01;

(b) allowed operating costs multiplied by a factor of 1.1;

(c) an amount equal to the greater of zero and the opening net allowed cost balance;

(d) an amount of allowed capital costs and allowed operating costs designated by the producer under section 10 (3) to be deducted from the reclamation and remediation cost bank in the calendar month;

"oil or natural gas by-product transportation allowance" means a monthly allowance calculated under subsection (2), deducted by a producer in determining a monthly producer price for oil or natural gas by-products, to offset the cost of oil or natural gas by-product pipelines and equipment that are

(a) owned and operated by the producer,

(b) located outside the project ring fence, and

(c) used by the producer to process or deliver oil or natural gas by-products that the producer owns, produces and sells;

"opening net allowed cost balance" means an amount, for a producer's interest, in a project and calendar month, as of the first day of the calendar month, equal to the sum of the net allowed cost amounts for each calendar month that is after the project application month and prior to the calendar month;

"operator of a reporting facility" means the person who is identified as the operator of a reporting facility in information provided to the collector;

"posted minimum price" means the posted minimum price as defined in the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation;

"pre-payout closing balance" means an amount, for a producer's interest, as at the last day of a calendar month, equal to the sum of the following:

(a) pre-payout opening balance for the calendar month;

(b) net allowed cost for the calendar month;

(c) pre-payout return on investment for the calendar month, if any;

"pre-payout opening balance" means an amount, for a producer's interest, as at the first day of the calendar month, equal to the sum of the net allowed cost and pre-payout return on investment amounts for each calendar month that is subsequent to the project application month and prior to the calendar month;

"pre-payout return on investment" means an amount for a producer's interest, in a calendar month, calculated as follows:

(a) where the calendar month is not a production month, an amount equal to zero, or

(b) where the calendar month is a production month, an amount equal to the greater of zero and the amount determined by the following formula:

"pre-payout tier" means a series of calendar months, for a producer's interest, equal to the lesser of

(a) the series of calendar months between the first calendar month subsequent to the project approval month and the calendar month which precedes the calendar month in which the pre-payout closing balance for a producer's interest in a project becomes less than or equal to zero, and

(b) the series of calendar months between the calendar month subsequent to the project approval month and the calendar month ending 10 years after the first calendar month in which oil or natural gas is first produced from a net profit royalty well event in the project;

"producer" means

(a) a holder of a location within a project who markets or otherwise disposes of oil, marketable gas or natural gas by-products that have been produced by

(i) the holder of a location in the project, or

(ii) a person authorized to do so by the holder of a location in the project, or

(b) a person authorized by a holder of a location in a project to produce and market or otherwise dispose of, on behalf of the holder of a location, oil, marketable gas or natural gas by-products;

"producer price" means

(a) for natural gas, a price per 10³m³ of marketable gas volumes available for sale, for a producer's interest, for a calendar month, equal to the greater of the following:

(i) the posted minimum price for the project;

(ii) a price determined by the administrator calculated in accordance with the method established by order of the administrator under section 2 (e), or

(b) for oil or natural gas by-products, a price per m³ of oil or natural gas by-product sales, for a producer's interest and calendar month, calculated in accordance with section 7;

"producer's interest" means the producer's reporting interest for reporting royalty to the government under this regulation for oil and natural gas produced from net profit royalty well events in a project;

"production month", in relation to a project, means a calendar month after the project approval month in which a quantity of oil, natural gas or water is produced from a net profit royalty well event within the project;

"project application month", in relation to a project, means the calendar month in which a producer submitted an application for a project to the administrator under section 2 (a);

"project approval month", in relation to a project, means the calendar month in which the administrator approved the project under section 2 (a) (i);

"project expansion", in relation to a project, means an extension of the project ring fence;

"project reclamation period" means a series of 36 calendar months for a project, commencing with the first calendar month after the last calendar month in which a net profit royalty well event within the project produced oil or marketable gas;

"project ring fence" means the two-dimensional surface representation of the project geographic area as approved by the administrator under section 2 (a);

"reporting facility" means a building, structure, installation, equipment or appurtenance that is connected to or associated with the recovery, development, production, storage, handling, processing, treatment or disposal of oil, natural gas, natural gas by-products, water or other substances that are produced from or injected into a well and, for certainty, includes a battery, gathering system, natural gas processing plant, meter station, pipeline, injection facility, terminal and treating plant;

"sales volume" means the following:

(a) for oil, the volume sold by a producer during a production month;

(b) for marketable gas, the volume that is available for sale in a production month or injected into a storage facility;

(c) for natural gas by-products, the volume sold by a producer in a production month;

"tier 1" means a series of calendar months, for a producer's interest, commencing with the first calendar month subsequent to the last calendar month in the pre-payout tier and ending with the calendar month that precedes the first calendar month that the tier 1 closing payout balance is less than or equal to zero;

"tier 1 closing payout balance" means an amount, for a producer's interest, as at the last day of the calendar month, equal to the sum of the following:

(a) tier 1 opening payout balance for the calendar month;

(b) net allowed cost for the calendar month;

(c) tier 1 return on investment for the calendar month, if any;

"tier 1 opening payout balance" means an amount, for a producer's interest, as at the first day of the calendar month, equal to the sum of the net allowed cost and tier 1 return on investment amounts for each calendar month that is subsequent to the project application month and prior to the calendar month;

"tier 1 return on investment" means an amount, for a producer's interest, in a calendar month

(a) where the month is not a production month, an amount equal to zero, and

(b) where the month is a production month, an amount equal to the greater of zero and an amount determined by the following formula:

"tier 2" means a series of calendar months, for a producer's interest, commencing with the first calendar month after tier 1 and ending with the calendar month which precedes the first calendar month in which the tier 2 closing payout balance is less than or equal to zero;

"tier 2 closing payout balance" means an amount, for a producer's interest, as at the last day of a calendar month, equal to the sum of the following:

(a) tier 2 opening payout balance for the calendar month;

(b) net allowed cost for the calendar month;

(c) tier 2 return on investment for the calendar month;

"tier 2 opening payout balance" means an amount, for a producer's interest, as at the first day of a calendar month, equal to the sum of the net allowed cost and tier 2 return on investment amounts for each calendar month that is subsequent to the project application month and prior to the calendar month;

"tier 2 return on investment" means an amount, for a producer's interest, in a calendar month, calculated as follows:

(a) where the calendar month is not a production month, an amount equal to zero, or

(b) where the calendar month is a production month, an amount equal to the greater of zero and the amount determined by the following formula:

"tier 3" means a series of calendar months, for a producer's interest, commencing with the first calendar month after tier 2 and ending in the calendar month which is the last calendar month in which a net profit royalty well event in the project produced marketable gas.

(2) The oil or natural gas by-product transportation allowance is to be calculated by multiplying the monthly oil or natural gas by-product sales volume by the annual oil or natural gas by-product transportation rate per m³ of sales volume as approved by the collector.

(3) Words and expressions used but not defined in this regulation have the same meanings as in the Petroleum and Natural Gas Act and the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation.

[am. B.C. Regs. 327/2010, s. 1; 194/2018, Sch. 2, s. 1.]

Powers of administrator

2   For the purposes of this regulation, the administrator may do all or any of the following:

(a) on application by a producer under section 4, approve

(i) the project,

(ii) the net profit royalty on production of oil and natural gas produced from net profit royalty well events, and

(iii) the project ring fence;

(b) on application by a producer, approve a project expansion;

(c) determine administrative procedures, eligibility criteria, terms, conditions and deadlines related to the application and approval of a project;

(d) determine procedures for the calculation of a net profit royalty;

(e) establish, by order, the method by which producer prices for marketable gas are determined;

(f) determine administrative procedures for reconsiderations under section 18 (2);

(g) on application by a producer, approve an allowed capital cost or an allowed operating cost that has been incurred prior to the 60 calendar months preceding the project application month to be included as an allowed historical cost if the cost was directly attributable to the project and was not incurred during the 60 calendar months preceding the net profit royalty project application month due to force majeure;

(h) establish, by order, the eligibility criteria for allowed historical costs, allowed capital costs and allowed operating costs to be determined in the calculation of a net profit royalty;

(i) establish, by order, the method by which an annual gas cost allowance rate per 10³m³ of marketable gas is determined for a producer and project;

(j) establish, by order, the method by which an oil or natural gas by-product transportation rate per m³ is determined for a producer and project;

(k) establish, by order, the method for calculating a posted minimum price for a project and calendar month.

Powers of collector

3   For the purposes of this regulation, the collector may do all or any of the following:

(a) determine administrative procedures for the calculation, invoicing, assessment, collection and reporting of a net profit royalty;

(b) determine administrative procedures for reconsiderations under section 18 (1);

(c) determine the number of decimal places for all calculations required under this regulation;

(d) approve an annual gas cost allowance rate per 10³m³ of raw gas in accordance with the method established by the administrator under section 2 (i);

(e) approve an annual oil or by-product transportation rate per m³ of oil or natural gas by-product sales in accordance with the method established by the administrator under section 2 (j);

(f) assess a person for interest and penalties referred to in sections 11 and 13.

Application for net profit royalty

4   A holder of a petroleum lease or drilling licence issued under the Act may apply to the administrator, in the manner determined by the administrator, to pay a net profit royalty on production of oil and natural gas produced from wells drilled on the location of the lease or licence within a proposed project.

[en. B.C. Reg. 16/2009, s. (a).]

Gross revenue

5   (1) Gross revenue is an amount, for a producer's interest and calendar month, equal to the sum of the following:

(a) the sum of the producer's marketable gas, natural gas by-product and oil sales values;

(b) any consideration received by the producer from a loss of revenue insurance policy directly related to the operations of the project;

(c) any consideration received by the producer from technology developed in the project, where the cost of developing the technology has been included as an allowed capital cost or an allowed operating cost in the calculation of the producer's closing net allowed cost balance;

(d) a grant, subsidy or other form of assistance received by the producer from a government, municipality or other public body.

(2) Sales value amounts referred to in subsection (1) (a) must be calculated,

(a) for marketable gas, as the sales volumes multiplied by the appropriate producer price, and

(b) for oil and natural gas by-products, as the produced volumes multiplied by the appropriate producer price.

(3) The gross revenue calculated under this section is a number equal to or greater than zero.

[am. B.C. Reg. 194/2018, Sch. 2, s. 2.]

Net profit royalty calculation

6   (1) A producer must pay a net profit royalty, for each calendar month in respect of the producer's interest in oil and natural gas produced from net profit royalty well events within a project in accordance with subsection (2).

(2) The amount of net profit royalty payable by a producer under subsection (1), for a calendar month that is a calendar month in

(a) a pre-payout tier, is an amount equal to 2% of gross revenue,

(b) tier 1, is an amount equal to the greater of 5% of gross revenue and 15% of net revenue,

(c) tier 2, is an amount equal to the greater of 5% of gross revenue and 20% of net revenue, and

(d) tier 3, is an amount equal to the greater of 5% of gross revenue and 35% of net revenue.

[am. B.C. Reg. 327/2010, s. 2.]

Producer price for oil and natural gas by-products

7   (1) The monthly prices to be used for valuing a producer's sales of oil and natural gas by-products for purposes of calculating gross revenue are the greater of

(a) zero, and

(b) the actual unit selling price

where the actual unit selling price is equal to

(c) the consideration received by a producer for the disposition of the oil or natural gas by-products less eligible costs identified in subsection (3) for transporting the oil and natural gas by-products from the project ring fence to the point of sale, or

(d) if the collector has, under subsection (2), fixed a unit selling price for the oil or natural gas by-products disposed of in a production month, the deemed value of the oil or natural gas by-products so disposed of, divided by the corresponding volume of the oil or natural gas by-products.

(2) If

(a) there is no actual unit selling price for the disposition of oil or natural gas by-products referred to in subsection (1), or

(b) the consideration received for the disposition of the oil or natural gas by-products is, in the opinion of the collector, less than the fair market value,

the collector may fix a producer price for the disposition of the oil or natural gas by-products at a level not exceeding the highest unit selling price received by any producer under the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation during the calendar month in which the disposition takes place.

(3) For the purpose of determining gross revenue from dispositions of oil and natural gas by-products under subsection (1), the producer may deduct from the oil and natural gas by-product sales values the eligible costs incurred by the producer for transporting the oil and natural gas by-products from the project ring fence to the point of sale.

(4) Eligible costs referred to in subsection (3) include

(a) tariffs charged by a contract carrier and incurred by the producer for transporting or processing oil or natural gas by-products, but such costs must relate to activities occurring between the project ring fence and the point of sale of the oil or natural gas by-products,

(b) trucking, processing and rail transportation charges incurred by the producer for transporting or processing oil or natural gas by-products, but such costs must relate to activities occurring between the project ring fence and the point of sale of the oil or natural gas by-products, and

(c) an oil or natural gas by-product transportation allowance, calculated by multiplying the monthly oil or natural gas by-product sales volume by the annual oil or natural gas by-product transportation rate as approved by the collector,

unless the cost items listed in paragraph (a), (b) or (c) have been used in establishing the consideration received under subsection (1) (c).

[am. B.C. Reg. 327/2010, s. 3.]

Royalty payment

8   (1) On approval of a net profit royalty by the administrator, all producers must pay royalty under this regulation.

(2) A person to whom invoices are issued must, by the end of the calendar month in which the invoices are issued, pay to the government the total of the invoiced amounts in one of the following manners:

(a) by an electronic method specified by the collector;

(b) by a money order or cheque mailed to the government at an address specified by the collector.

(3) A payment of an amount to the government under subsection (2) is deemed not to be paid to the government until,

(a) if the payment is made directly to the government by an electronic method, the day of receipt by the government,

(b) if the payment is made to a savings institution by an electronic method, the day recorded as the day of receipt by the savings institution, or

(c) if the payment is mailed to the government, the day of receipt by the government.

(3.1) Repealed. [B.C. Reg. 194/2018, Sch. 2, s. 3.]

(4) A producer may deduct an overpayment in accordance with section 16 (7).

[am. B.C. Regs. 327/2010, s. 4; 194/2018, Sch. 2, s. 3.]

Reporting

9   (1) The information required under subsections (2) to (19) must be provided to the collector in the form and manner required by the collector.

(2) The operator of a reporting facility must, on or before the 21st day of the calendar month after each production month, provide information indicating the production, receipt, disposition, use and storage in that production month of oil, natural gas, natural gas by-products and water obtained at the reporting facility and, any other information specified by the collector.

(3) The operator of a reporting facility must, on or before the 25th day of the calendar month after each production month, provide information indicating, for the volumes of marketable gas that the reporting facility delivers during that production month to be sold or stored and in respect of which net profit royalty has not previously been paid, how those volumes are allocated

(a) to a producer's share of a net profit royalty well event or unitized operation, or

(b) if the operator is unable to allocate to a producer's share of a net profit royalty well event or unitized operation, to the reporting facility from which the volumes were received.

(4) The operator of a reporting facility to which volumes of marketable gas are allocated under subsection (3) (b) must, on or before the 25th day of the calendar month after each production month, provide information indicating how those volumes are allocated under subsection (3) (a) or (b).

(5) The operator of a reporting facility must, on or before the 25th day of the calendar month after each production month, provide information indicating, for the volumes of natural gas by-products that the reporting facility produces during that production month, how those volumes are allocated

(a) to a producer's share of a net profit royalty well event or unitized operation, or

(b) if the operator is unable to allocate to a producer's share of a net profit royalty well event or unitized operation, to the reporting facility from which the volumes were received.

(6) The operator of a reporting facility to which volumes of natural gas by-products are allocated under subsection (5) (b) must, on or before the 25th day of the calendar month after each production month, provide information indicating how those volumes are allocated under subsection (5) (a) or (b).

(7) The operator of a reporting facility that delivers natural gas to a natural gas processing plant and the operator of a dry gas source must, on or before the 25th day of the calendar month after each production month, provide information indicating, for the volumes of natural gas that the reporting facility delivers or that the dry gas source disposes of during that production month, how those volumes are allocated

(a) to a producer's share of a net profit royalty well event or unitized operation, or

(b) if the operator is unable to allocate to a producer's share of a net profit royalty well event or unitized operation, to the reporting facility from which the volumes were received.

(8) The operator of a reporting facility to which volumes of natural gas are allocated under subsection (7) (b) must, on or before the 25th day of the calendar month after each production month, provide information indicating how those volumes are allocated under subsection (7) (a) or (b).

(9) The operator of a reporting facility must, on or before the 25th day of the calendar month after each production month, provide information indicating, for the volumes of marketable gas that are returned to the reporting facility from a natural gas processing plant or meter station during that production month, how those volumes are allocated

(a) to a producer's share of a net profit royalty well event or unitized operation, or

(b) if the operator is unable to allocate to a producer's share of a net profit royalty well event or unitized operation, to the reporting facility from which the volumes were originally received.

(10) The operator of a reporting facility to which volumes of marketable gas are allocated under subsection (9) (b) must, on or before the 25th day of the calendar month after each production month, provide information indicating how those volumes are allocated under subsection (9) (a) or (b).

(11) The operator of a reporting facility that delivers oil or condensate for sale must, on or before the 21st day of the calendar month after each production month, provide information indicating, for that production month, the producer, the purchaser and the shipper of the oil or condensate and any other information specified by the collector about the delivery and sale.

(12) A person who purchases, at a reporting facility, oil or condensate produced in British Columbia must, on or before the 10th day of the second calendar month after the calendar month in which the purchase occurred, provide information identifying the seller and indicating the volume, price, value, density and sulphur content of the oil or condensate and any other information specified by the collector about the oil or condensate.

(13) A producer of oil from a net profit royalty well event must, on or before the 10th day of the second calendar month after each production month, provide information indicating, for each reporting facility at which the producer had sales of oil produced from a net profit royalty well event in that production month,

(a) the volume of oil sold by the producer at that reporting facility in that production month,

(b) the sales value of oil sold by the producer at that reporting facility in that production month,

(c) the eligible costs that, under section 7 (3), may be deducted for that production month, and

(d) any other information specified by the collector.

(14) A producer of natural gas by-products from a net profit royalty well event must, on or before the 10th day of the second calendar month after each production month, provide information indicating, for that production month, the sales volumes and values of natural gas by-products produced from each net profit royalty well event in which the producer has an interest and any other information specified by the collector.

(15) The operator of a net profit royalty well event must, on or before the 15th day of the calendar month after the calendar month in which operations at the net profit royalty well event began or were suspended, provide information indicating the commencement or suspension of operations and any other information specified by the collector.

(16) The operator of a net profit royalty well event must, on or before the 15th day of the calendar month after the calendar month in which the net profit royalty well event is connected to a reporting facility or in which a change in producers' interests in the net profit royalty well event is effective, provide information indicating the producers' interests or the change in producers' interests in the natural gas and oil produced from the net profit royalty well event and any other information specified by the collector.

(17) The operator of a unitized operation for which there is a unitization agreement, under which net profit royalty is determined in relation to a tract according to production volumes allocated to that tract under the agreement must, on or before the 15th day of the calendar month after the calendar month in which there is a change in producers' interests in the natural gas or oil allocated to a tract, provide information indicating the change in producers' interests in the tract and any other information specified by the collector.

(18) The operator of a project must, on or before the last day of the second calendar month after the project approval month, provide information indicating the allowed historical cost incurred by each producer in respect of the project and any other information specified by the collector.

(19) The operator of a project must, on or before the 10th day of the second calendar month after each production month, provide information indicating the allowed capital costs and the allowed operating costs incurred by each producer in respect of the project during the production month and any other information specified by the collector.

(20) Subject to subsection (22), a person may amend information provided by that person under any of subsections (2) to (19) by providing the amended information to the collector.

(21) Subject to subsection (22), if a person who provides information under subsection (2), (15), (16) or (17) becomes aware that the information is no longer accurate or complete, the person must provide to the collector amended information that is accurate and complete as follows:

(a) in the case of information provided under subsection (2), on or before the next 21st day of a calendar month, or

(b) in the case of information provided under subsection (15), (16) or (17), on or before the next 15th day of a calendar month.

(22) A person must not provide amended information under subsection (20) or (21)

(a) more than 72 months after the month in relation to which the amended information is being provided,

(b) in respect of an amount assessed or reassessed under section 16 (2) and invoiced under section 16 (5), or

(c) in respect of an amount about which the collector has made a decision under section 18 (1), the administrator has made a decision under section 18 (2) or the Minister of Finance has made a decision under section 19 (4).

[en. B.C. Reg. 194/2018, Sch. 2, s. 4.]

Reclamation and remediation cost bank

10   (1) Each producer that has incurred allowed capital costs and allowed operating costs for a project during the project reclamation period has, for that project, a reclamation and remediation cost bank.

(2) The balance in a producer's reclamation and remediation cost bank for a project at the end of a calendar month that is within the project reclamation period is equal to the amount determined by the following formula:

(3) For a calendar month in the project reclamation period, a producer may designate an amount not greater than A + B under section 10 (2) to be deducted from the reclamation and remediation cost bank in calculating net revenue for any calendar month or calendar months that are within 72 calendar months of the calendar month first referred to in this subsection.

Interest on royalty payments

11   (1) The annual rate of interest during a quarterly period for penalties, royalties and unpaid interest is 3.0% above the prime lending rate of the principal banker to the government on the 15th day of the month immediately preceding the quarterly period commencing on January 1, April 1, July 1 and October 1 of each calendar year.

(2) The annual rate of interest during a quarterly period for overpayments is 2.0% below the prime lending rate of the principal banker to the government on the 15th day of the month immediately preceding the quarterly period commencing on January 1, April 1, July 1 and October 1 of each calendar year.

(3) Interest payable must be

(a) compounded monthly, and

(b) calculated on the number of days since the last compounding of interest or, if no compounding has yet occurred, from the date that interest is payable.

(4) At the end of a calendar month, interest must be calculated in accordance with subsection (3) on an amount owing by a producer for royalty, unpaid interest or penalty.

(5) If full payment of an account is not made by the due date shown on an invoice, but is made within 30 days after a subsequent written request for payment is issued, the payment of the amount set out in the written request, without the interest accrued since the date of the written request, must be accepted in settlement of the account.

(6) If a producer overpays royalties, interest on the overpayment

(a) must be calculated in accordance with subsection (3) from the 61st day after the day the overpayment is received, and

(b) stops accruing

(i) on the day that payment of the amount owed is mailed to the producer or, if delivered to the producer without mailing, the day of delivery, or

(ii) on the day that the amount owed is applied to penalties, royalties or unpaid interest owing by the producer.

(7) This section does not operate to require the payment of an amount of interest less than $5.

(8) The collector may assess at any time interest, calculated in accordance with this section, on an amount owing for royalty until the day that an invoice is issued in relation to the amount owing.

(9) The collector may assess at any time interest, calculated in accordance with this section, on an amount owing for royalty, unpaid interest or penalty from the day that an invoice for the amount owing is due or the day that a notice of assessment is issued in relation to the amount owing.

[am. B.C. Regs. 327/2010, s. 6; 194/2018, Sch. 2, s. 5.]

Power to demand information

12   The collector or the administrator may, for any purpose related to the administration or enforcement of this regulation, by notice served personally or by registered or certified mail, require a producer to provide, within 30 days or another reasonable time stipulated in the notice,

(a) any information or additional information relating to a producer or project including a report under this regulation, or

(b) any document.

Penalties

13   (1) If a person does not, within the required time and in the required form and manner, provide information required under section 9, 12 or 16 (2) (a), the person may be assessed a penalty of $500 for each month or part of a month that the failure to provide the information continues, or for any lesser number of months that the collector considers appropriate.

(2) If a person provides information under section 9, 12 or 16 (2) (a) that contains any of the following data discrepancies and the discrepancies are not corrected by the date the person is required to provide the information, the person may be assessed a penalty of $100 in respect of each discrepancy for each month or part of a month that the failure to correct the discrepancy continues, or for any lesser number of months that the collector considers appropriate:

(a) an imbalance error;

(b) incomplete or invalid information;

(c) a metering difference error.

[en. B.C. Reg. 194/2018, Sch. 2, s. 6.]

Producer change of address

14   A producer holder must notify the collector and administrator of a change in its permanent address.

Service of notices

15   (1) If service of a request, notice, demand for information or other document is to be made under this regulation on a producer, it may be served

(a) in person, or

(b) by mailing it by registered mail to the last known address of the producer.

(2) If service is by registered mail, the request, notice, demand for information or other document is deemed to be served on the eighth day after mailing.

(3) This section does not apply if a court orders another mode of service.

Notice of assessment

16   (1) After receiving information provided in respect of a producer under section 9 (2) to (19) for a production month, the collector must, on or about the 23rd day of the second calendar month after the production month, issue an invoice to the producer showing, for the production month, the amount of net profit royalty that is payable to the government in respect of the oil, marketable gas or natural gas by-products to which the information applies.

(1.1) After receiving amended information provided in respect of a producer under section 9 (20) or (21), the collector must issue an amended invoice to the producer showing, for the production month, the amount of net profit royalty, interest and penalty that is payable to the government in respect of the oil, marketable gas or natural gas by-products to which the amended information applies.

(2) If the collector, on examining information or amended information provided under section 9, disagrees with it or calculations in it, the collector may do either or both of the following:

(a) request the person who provided the information or amended information to provide, on or before a date specified by the collector or, if no date is specified, within 30 days after the date of the request, information that the collector believes is correct;

(b) assess or reassess net profit royalty, interest and penalty payable to the government based on the information that the collector believes is correct.

(3) The collector may make the assessment or reassessment referred to in subsection (2)

(a) at any time, if the producer has made a misrepresentation or committed fraud in making the report or supplying information under this regulation, or

(b) in any other case, not more than 84 months after the last day of the production month to which the assessment or reassessment relates.

(4) The notice of assessment must contain the determination made by the collector of the amount of net profit royalty, interest and penalty payable and the due date for payment of that amount.

(5) On assessing or reassessing the net profit royalty, interest or penalty payable by a producer who has not provided information or has provided information or calculations with which the collector disagrees, the collector must issue to the producer an invoice containing a notice of assessment.

(6) Evidence that an invoice has been issued under this section is proof, in the absence of evidence to the contrary, that the amount assessed is due and owing, and the onus of proving otherwise is on the person liable to pay the amount assessed.

(7) In the case of an overpayment, the producer may deduct from net profit royalty payments due after the date of the notice of assessment the amount of the overpayment indicated in the notice of assessment.

[am. B.C. Regs. 327/2010, s. 8; 194/2018, Sch. 2, s. 7.]

Requirement to maintain records

17   Every producer required by section 76 (1) of the Act to keep records must retain the records, for a particular calendar year, for the longer of the following in respect of a calendar year:

(a) 7 years after the end of a calendar year for which a report has been filed;

(b) 2 years after the date of the producer's receipt of a notice of assessment under this regulation.

Producer liability

17.1   (1) A producer's liability for net profit royalty, interest or a penalty due under the Act and this regulation is not affected by reason of a prior incorrect assessment or the absence of an assessment.

(2) Net profit royalties, interest and penalties are payable whether or not an objection to an assessment is made under section 18 or a notice of appeal is given under section 19.

(3) Subject to being amended, changed or varied on appeal or by reassessment, an invoice issued or a penalty imposed under this regulation is valid and binding despite any error, defect or omission in the invoice or penalty or in procedure.

[en. B.C. Reg. 327/2010, s. 9; am. B.C. Reg. 194/2018, Sch. 2, s. 8.]

Reconsideration by collector or administrator

18   (1) The collector may reconsider or vary an invoice for net profit royalty or penalty on the request of a producer who objects in writing to the invoiced amount.

(2) The administrator may reconsider or vary a producer price on the request of a producer who objects in writing to the producer price as determined.

[am. B.C. Regs. 327/2010, s. 10; 194/2018, Sch. 2, s. 9.]

Appeals

19   (1) An appeal to the Minister of Finance lies from a decision of the collector under section 18 (1) or a decision of the administrator under section 18 (2).

(2) Written notice of the appeal must be given to the Minister of Finance within 90 days after the date of the decision.

(3) The appellant must set out in the notice of appeal a statement of all material facts and the reasons in support of the appeal.

(4) On receiving the notice of appeal, the Minister of Finance must

(a) consider the matter,

(b) affirm, amend or reverse the decision of the collector or the administrator, and

(c) promptly notify the appellant in writing of the result of the appeal.

(5) The Minister of Finance may

(a) delegate, in writing, the exercise of any power or performance of any duty conferred or imposed on the Minister of Finance under this section to an employee of the ministry of the Minister of Finance, and

(b) provide, in making a delegation, directions that are binding on the delegate respecting the exercise of the power or the performance of the duty.

(6) A delegation under subsection (5) may be made by name or by designation of the office.

[en. B.C. Reg. 194/2018, Sch. 2, s. 10; am. B.C. Regs. 239/2020, Sch. 3; 211/2022, Sch. 3, s. 1.]

Notice of appeal

19.1   (1) The date on which a notice of appeal is given to the Minister of Finance under section 19 (2) is the date it is received by the Minister of Finance.

(2) A notice of appeal is conclusively deemed to have been given to the Minister of Finance if it is received at a location and by a method specified by the Minister of Finance.

[en. B.C. Reg. 211/2022, Sch. 3, s. 2.]

Successor requirements

20   (1) A transferor must, before an intended transfer of all or a portion of an interest in a project, give notice to the administrator of the intended transfer.

(2) A notice under subsection (1) must

(a) be in writing,

(b) state the effective date of the proposed transfer of the interest in the project,

(c) state the identity of the transferee, and

(d) state the exact portion of the interest in the project that is to be retained by the transferor and the interest in the project that is being transferred to the transferee.

(3) The transferor and transferee of an interest in a project are jointly and severally liable for net profit royalty payable under sections 6 and 8 as of the effective date of the transfer of an interest in a project and until that net profit royalty is paid.

(4) The transferee is liable for and must pay all net profit royalty on an interest in a lease or licence that is transferred after the effective date of the transfer.

(5) The account balances of a transferor that are necessary to calculate net profit royalty payable must, upon the transfer of that transferor's interest in a project, become the account balances of the transferee of that interest in the project.

(6) Where only a portion of an interest in a project is transferred, only the portion of the account balances related to the transferred interest in the project become the property of the transferee.

(7) The consideration paid for the transfer of a producer's interest is not considered to be a royalty cost of the transferee or gross revenue to the transferor.

(8) This section applies to a transfer of an interest in a project notwithstanding that the interest in the project may be transferred by a receiver, liquidator, administrator, executor or other like person, other than a trustee in bankruptcy.

(9) In this section

(a) "transfer" includes a transfer by way of sale, assignment, conveyance or other disposition by a transferor, including a transfer that is a part of a consolidation, merger, dissolution or reorganization involving the transferor but does not include the granting of a security interest;

(b) "transferee" means a producer to whom all or a part of an interest in a project has been transferred;

(c) "transferor" means a producer who transfers all or a part of its interest in a project to another producer or intended producer.

(10) The account balances referred to in subsection (5) include:

(a) pre-payout closing balance for the calendar month preceding the effective date of the transfer;

(b) tier 1 closing payout balance for the calendar month preceding the effective date of the transfer;

(c) tier 2 closing payout balance for the calendar month preceding the effective date of the transfer;

(d) closing net allowed cost balance for the calendar month preceding the effective date of the transfer.

(11) A producer must provide reasonable notice to the minister of a change of name, amalgamation or other change that involves the producer's position in a project but does not otherwise qualify as a transfer under subsection (9) (a).

[am. B.C. Regs. 16/2009, s. (b); 327/2010, s. 11.]

Transition — interest on royalty payments and penalties

21   (1) Section 11 (2) to (6) applies to interest calculated for the first time on or after November 1, 2018 in respect of an amount, whether or not the amount was payable before that day.

(2) Section 13, as it read immediately before November 1, 2018, applies to failures to file that began before that day and continue on or after that day.

[en. B.C. Reg. 194/2018, Sch. 2, s. 11.]

Transition — notice of appeal

22   This regulation, as it read on October 31, 2022, continues to apply in relation to a notice of appeal under section 19 from a decision of the collector or a decision of the administrator if the decision is dated on or before October 31, 2022.

[en. B.C. Reg. 211/2022, Sch. 3, s. 2.]