Section 1 definitions of "affected permit holder", "affected rights holder", "engineered retaining wall", "local Indigenous nation", "protection measures", "roadwork area" and "stream channel" were added by BC Reg 216/2020, effective August 14, 2020.
Section 1 definition of "maintain" BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
"maintain", in relation to an oil and gas road, means maintain in accordance with Part 4;
Section 1 definition of "rights holder" BEFORE repealed by BC Reg 216/2020, effective August 14, 2020.
"rights holder" has the same meaning as in the Consultation and Notification Regulation;
Section 1 definition of "affected rights holder" BEFORE amended by BC Reg 50/2021, effective June 1, 2021.
"affected rights holder", in relation to an oil and gas road, means a "rights holder" as defined in section 1 of the Consultation and Notification Regulation whose rights under the applicable instrument might be affected by construction of the road;
Section 2 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Oil and gas roads prescribed
2 The following roads are prescribed for the purposes of paragraph (f) of the definition of "oil and gas activity" in section 1 (2) of the Act:
(a) a road or portion of a road that
(i) is constructed or maintained to facilitate the carrying out of a primary activity,
(ii) has not been deactivated, and
(iii) subject to paragraph (b), is not required to be maintained under another enactment or authorization;
(b) a road or portion of a road that, before the coming into force of this regulation, was constructed under an authorization under the Land Act or the Petroleum and Natural Gas Act and is used to carry out a primary activity.
Section 4 (1) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder must notify the commission, affected land owners and affected rights holders of the construction of an oil and gas road
Section 4 (3) was added by BC Reg 216/2020, effective August 14, 2020.
Section 5 (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
Clearing widths
5 A road permit holder who constructs an oil and gas road must ensure that the road's clearing widths are within the road right of way and are not less than the width necessary to ensure all of the following:
Section 5 (e) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(e) the safe conduct of operations, considering all of the following:
Section 5 (e) (i) and (ii) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) the placement of pits, quarries, landings or waste areas;
(ii) the storage of bridge or culvert material;
Section 5 (e) (vi) was added by BC Reg 216/2020, effective August 14, 2020.
Section 6 (1) (a) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) the bridge is designed and fabricated in compliance with
Section 6 (1) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) in compliance with Canadian Standards Association standard CAN/CSA G401, Corrugated Steel Pipe Products, or section B182.2 of Canadian Standards Association standard CSA B1800-11, Plastic Nonpressure Pipe Compendium, whichever is applicable, or
Section 6 (2) (c) BEFORE repealed by BC Reg 216/2020, effective August 14, 2020.
(c) the bridge, or a component of the bridge that is vulnerable to damage by high flow, is removed before any period of high flow begins.
Section 6 (3) (e) BEFORE repealed by BC Reg 216/2020, effective August 14, 2020.
(e) the culvert is removed before any period of high flow begins.
Section 6 (3.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 7 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Structural defects or deficiencies on a bridge
7 A road permit holder must do at least one of the following if, on a bridge that is part of the oil and gas road, a structural defect or deficiency occurs during the construction or maintenance of the road:
(a) correct the defect or deficiency;
Section 8 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Section 9 (0.1) and (4) were added by BC Reg 216/2020, effective August 14, 2020.
Section 9 (1) (part) and (2) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder who constructs or installs a bridge or major culvert must do all of the following:
(2) Subject to subsection (3), a road permit holder must retain a copy of records of visual inspections carried out under section 14 (1) and detailed inspections carried out under section 14 (2) of a bridge or major culvert associated with the oil and gas road for at least one year after
Section 9 (1) (b) and (c) (part) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(b) prepare as-built drawings of the bridge or major culvert;
(c) retain the information referred to in paragraphs (a) and (b) until at least one year after the date that the road permit holder
Section 9 (1) (c) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) submits a declaration under section 27 (1) respecting the oil and gas road, or
Section 9 (2) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) submits a declaration under section 27 (1) respecting the oil and gas road, or
Section 10 (1) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) At all times while an oil and gas road is being modified, a road permit holder must have a warning sign posted at each junction of the oil and gas road with another oil and gas road, a road that is required to be maintained under another enactment or authorization or a highway within the meaning of the Transportation Act.
Section 14 (0.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 14 (1) (a) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) ensure that a qualified person carries out a visual inspection of each bridge or major culvert associated with the road at least once every year after the bridge or major culvert is constructed, and
Section 14 (2) (a) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) ensure that a qualified person carries out a detailed inspection of each bridge or major culvert associated with the road, and
Section 14 (2) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) subject to subparagraph (ii), at least once every 3 years after the bridge or major culvert is constructed, or
Section 14 (3) (a) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(a) the bridge or major culvert is removed from the site, or
Section 14 (3) (b) (i) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(i) submits a declaration under section 27 (1) respecting the oil and gas road, or
Section 22 (1.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 22 (2) and (3) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(2) A road permit holder must deactivate the portion of an oil and gas road that provides access to the site of the well, pipeline or facility of the road permit holder within 2 years of the abandonment of the well or pipeline or the removal of the facility.
(3) A road permit holder who deactivates an oil and gas road must do so in accordance with this Part.
Section 23 (1) and (3) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder who intends to deactivate an oil and gas road must provide written notice of the intention to
(a) users of the road known to the road permit holder,
(b) any applicable land owner, and
(3) A road permit holder may not begin deactivating an oil and gas road until at least 14 days have elapsed after providing notice under subsection (1).
Section 23 (2.1), (5) and (6) were added by BC Reg 216/2020, effective August 14, 2020.
Section 24 (d.1) was added by BC Reg 216/2020, effective August 14, 2020.
Section 24 (f) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(f) comply with section 19 (1) (c) of the Environmental Protection and Management Regulation.
Section 26 (1) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) Subject to subsection (3), at all times while an oil and gas road is being deactivated, a road permit holder must have a warning sign posted at each junction of the road with another oil and gas road, a road that is required to be maintained under another enactment or authorization or a highway within the meaning of the Transportation Act.
Section 27 (1) and (2) BEFORE amended by BC Reg 216/2020, effective August 14, 2020.
(1) A road permit holder who completes deactivation of an oil and gas road must, within 30 days after the completion, submit to the commission a written declaration stating that the road permit holder has complied with
(b) section 19 of the Environmental Protection and Management Regulation, if applicable.
(2) A declaration under subsection (1) must
Section 28 BEFORE re-enacted by BC Reg 216/2020, effective August 14, 2020.
Exemptions by officials
28 On application or on his or her own motion, an official may exempt, with or without conditions, a road permit holder from one or more provisions of this regulation if the official is satisfied that, in the circumstances,
(a) it is not reasonably practicable to require the road permit holder to comply with the provision, or