British Columbia Order in Council — Order under Various Acts Effective September 1, 2023, (a) various provisions, as listed, of the Energy Statutes Amendment Act, 2022 , S (O.C. 464/2023)

O.C. 464/2023

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 9 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective September 1, 2023, (

a) the following provisions of the Energy Statutes Amendment Act, 2022 , S.B.C 2022, c. 42, are brought into force: (

i) section 1; (ii)

section 2 (a), (

b) and (

d) to (i); (iii) sections 3, 4, 6, 8 to 10, 12 to 20, 22, 24, 26 to 28, 30, 32 to 34, 36, 40, 52, 53, 55, 56, 60 to 66, 69, 70 and 73 to 76, and (

b) the amendments set out in the attached

Schedule are made. Minister of Energy, Mines and Low Carbon Innovation Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Agricultural Land Commission Act, S.B.C. 2002, c. 36, s. 58.3; Assessment Act, R.S.B.C. 1996, c. 20, s. 74; Bonding Act, R.S.B.C. 1996, c. 30, s. 11; Business Number Act, S.B.C. 2003, c. 50, s. 12; Energy Statutes Amendment Act, 2022, S.B.C. 2022, c. 42, s. 77; Environmental Assessment Act, S.B.C. 2018, c. 51, s. 9; Environmental Management Act, S.B.C. 2003, c. 53, ss. 92 and 138; Geothermal Resources Act, R.S.B.C. 1996, c. 171, s. 24; Greenhouse Gas Industrial Reporting and Control Act, S.B.C. 2014, c. 29, ss. 47 and 51; Information Management Act, S.B.C. 2015, c. 27, s. 22; Land Act, R.S.B.C. 1996, c. 245, ss. 7.8 and 110; Muskwa-Kechika Management Area Act, S.B.C. 1998, c. 38, s. 17; Oil and Gas Activities Act, S.B.C. 2008, c. 36, ss. 9, 94 to 96 and 98 to 105; Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, ss. 43, 73 and 133; Professional Governance Act, S.B.C. 2018, c. 47, s. 118; Public Interest Disclosure Act, S.B.C. 2018, c. 22, s. 48; Real Estate Services Act, S.B.C. 2004, c. 42, s. 130; Utilities Commission Act, R.S.B.C. 1996, c. 473, s. 121; Water Sustainability Act, S.B.C. 2014, c. 15, ss. 124 and 127 Other: OICs 3878/67, 35/82, 1575/82, 1373/90, 1854/92, 1367/97, 1347/98, 1350/98, 445/2003, 1012/2003, 1109/2004, 541/2005, 426/2006, 382/2007, 435/2010, 595/2010, 52/2011, 424/2012, 3/2015, 804/2015, 805/2015, 110/2016, 111/2016, 281/2016, 61/2017, 392/2017, 250/2019, 314/2019, 607/2019, 131/2020, 127/2022 and 354/2023 R20698617 464 July 17, 2023

page 2 of 9

SCHEDULE 1 Direction No. 1 to the Oil and Gas Comm ission, B.C. Reg. 1/2015, is amended by repealing the title and substituting the following: DIRECTION NO. 1 TO THE BRITISH COLUMBIA ENERGY REGULATOR . 2 The Environmental Protection and Manage ment Regulation, B.C. Reg. 200/2010, is amended in

section 1 (1) (

a) by repealing the definition of “oil and gas activity” and substituting the following: “energy resource activity”, in sections 9 and 20, does not include the diversion and use of water from a water source well unless the activity is the diversion and use of deep groundwater under the Water Sustainability Act; , and (

b) by repealing the definition of “oil and gas road”. 3 The Geothermal Resource s General Regulation, B.C. Reg. 39/2017, is amended by repealing

section 12 (5) and substituting the following:

(5) Section 1 (1) of the appl ied regulation is modified by deleting the definition of “energy resource activity”. 4 The Government Body Designation (Pub lic Interest Disclosure) Regulation, B.C. Reg. 58/2022, is amended in the

Schedule (

a) by repealing the following items: , and (

b) by adding the following items: Column 1 Government Body Column 2 Head of Government Body Oil and Gas Appeal Tribunal Chair Oil and Gas Commission Chief Executive Officer Column 1 Government Body Column 2 Head of Government Body British Columbia Energy Regulator Commissioner Energy Resource Appeal Tribunal Chair

page 3 of 9 5 The Information Management Regulatio n, B.C. Reg. 109/2016, is amended in the

Schedule (

a) by repealing the following items: , and (

b) by adding the following items: 6 The Integrated Land and Resource Regi stry Regulation, B.C. Reg. 180/2007, is amended in

Schedule 1 (

a) by repealing the following items: , and (

b) by adding the following items: Item Column 1 Government Agency Column 2 Head of Government Body 36 Oil and Gas Appeal Tribunal Chair 37 Oil and Gas Comm ission Commissioner Item Column 1 Government Agency Column 2 Head of Government Body 4.1 British Columbia Energy Regulator Commissioner 17.1 Energy Resource Appeal Tribunal Chair Item Column 1 Prescribed Instruments (Tenures) Column 2 Prescribed Persons (Tenure Authorities) 36 a geophysical licence issued under the Petroleum and Natural Gas Act Oil and Gas Commission 39 a permit issued under the Oil and Gas Activities Act permitting the operation or use of a storage reservoir Oil and Gas Commission 41 a storage reservoir lease granted under the Petroleum and Natural Gas Act minister 42 a permit issued under the Oil and Gas Activities Act permitting the drilling and operation of a well Oil and Gas Commission Item Column 1 Prescribed Instruments (Tenures) Column 2 Prescribed Persons (Tenure Authorities) 36 a geophysical licence issued under the Petroleum and Natural Gas Act British Columbia Energy Regulator 39 a permit issued under the Energy Resource Activities Act permitting the operation or use of a storage reservoir British Columbia Energy Regulator I I I I

page 4 of 9 7 The Investigations Regulation, B.C. Re g. 134/2019, is amended in

section 3 (3) by striking out “commission’s” and substituting “regulator’s”. 8 The Oil and Gas Activities Act General Regulation, B.C. Reg. 274/2010, is amended (

a) by repealing the title and substituting the following: ENERGY RESOURCE ACTIVITI ES GENERAL REGULATION , (

b) by repealing

section 2, (

c) by repealing

section 3 (1) and substituting the following:

(1) For the purposes of paragraph (

e) of the definition of “pipeline” in

section 1 (2) of the Act, water and steam that are used for geothermal activities are prescribed. , (

d) in

section 5.1 by striking out “ commission’s” and substituting “regulator’s”, (

e) in

section 7 (1) (

a) by striking out “ the commission ” and substituting “ the regulator”, (

f) in

section 7.1 (b) (ii) by striking out “ a licence under Division I of

Part VI of the National Energy Board Act (Canada)” and substituting “a licence under Division 1 of

Part 7 of the Canadian Energy Regulator Act (Canada)”, (

g) in

section 7.1 (b) (vi) by striking out “ a storage reservoir lease issued under

section 130 of” and substituting “a storage reservoir licence under”, (

h) by repealing

section 10 (1) and substituting the following:

(1) For the purposes of

section 75 (1) (

b) of the Act, “innovative technology” means technology that is unproven in a partic ular application to produce an energy resource. , and (

i) by repealing

section 10 (2) (

a) and (b). 9 The Petroleum and Natural Gas Act Fee, Rental and Work Requirement Regulation, B.C. Reg. 378/82, is amended in

section 5 (2) by striking out “ commissioner” and substituting “regulator”. 41 a storage reservoir licence issued under the Petroleum and Natural Gas Act minister 42 a permit issued under the Energy Resource Activities Act permitting the drilling and operation of a well British Columbia Energy Regulator

page 5 of 9 10 The Petroleum and Natural Gas Drillin g Licence and Lease Regulation, B.C. Reg. 10/82, is amended (

a) in

section 3 (5.1) (

b) by striking out “ commissioner” and substituting “regulator”, and (

b) in

section 3.1 (2) (

b) by striking out “ the Oil and Gas Activities Act General Regulation” and substituting “the Energy Resource Activities General Regulation”. 11 The Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation, B.C. Reg. 495/92, is amended in

section 4 (9) (

b) and (12) (

b) by striking out “ oil and gas activity” and substituting “oil and gas or storage activity”. 12 The regulations listed in Column 1 of Ta ble 1 are amended in the provisions listed opposite them in Column 2 by striking out “ Oil and Gas Activities Act ” wherever it appears and substituting “Energy Resource Activities Act”. 13 The regulations listed in Column 1 of Ta ble 2 are amended in the provisions listed opposite them in Column 2 by striking out “ Oil and Gas Commission ” wherever it appears and substituting “British Columbia Energy Regulator”. 14 The regulations listed in Column 1 of Ta ble 3 are amended in the provisions listed opposite them in Column 2 by striking out “ commission” wherever it appears and substituting “regulator”. 15 The regulations listed in Column 1 of Ta ble 4 are amended in the provisions listed opposite them in Column 2 by striking out “oil and gas activity” wherever it appears and substituting “energy resource activity”. 16 The regulations listed in Column 1 of Ta ble 5 are amended in the provisions listed opposite them in Column 2 by striking out “oil and gas activities” wherever it appears and substituting “energy resource activities”. 17 The regulations listed in Column 1 of Ta ble 6 are amended in the provisions listed opposite them in Column 2 by striking out “ Oil and Gas Road Regulation ” and substituting “Energy Resource Road Regulation”.

Table 1 Item Column 1 Regulation being amended Column 2 Provision 1 Administrative Penalties Regulation, B.C. Reg. 35/2011

section 1, in the definition of “Act” 2 Agricultural Land Reserve General Regulation, B.C. Reg. 57/2020

section 36 3 Blueberry River First Nations Implementation Agreement Regulation, B.C. Reg. 146/2023

section 1 (1), in the definition of “Act” 4 Bonding Regulations, B.C. Reg. 11/68

section 9

page 6 of 9 5 Business Number Regulation, B.C. Reg. 388/2003

section 4 6 Crown Land Fees Regulation, B.C. Reg. 177/2003

section 3 7 Direction No. 1 to the Oil and Gas Commission , B.C. Reg. 1/2015

section 1, in the definition of “Act” 8 Environmental Protection and Management Regulation, B.C. Reg. 200/2010

section 1 (1), in the definition of “Act” 9 Exempt Interests Regulation, B.C. Reg. 302/90

section 2 (g) (i.1) 10 Geothermal Geophysical Exploration Regulation, B.C. Reg. 358/98

section 2 (1) 11 Greenhouse Gas Emission Administrative Penalties and Appeals Regulation, B.C. Reg. 248/2015

section 1, in the definition of “environmental legislation” 12 Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015

section 21 (2) (b) (i)

section 23 (2) (h) 13 Integrated Land and Resource Registry Regulation, B.C. Reg. 180/2007

section 1, in the definition of “specified enactment” 14 Investigations Regulation, B.C. Reg. 134/2019

section 1, in the definition of “Act” 15 Muskwa-Kechika Management Plan Regulation, B.C. Reg. 53/2002

section 3.4 (a) 16 Oil and Gas Activities Act General Regulation, B.C. Reg. 274/2010

section 1 (1), in the definition of “Act” 17 Oil and Gas Waste Regulation, B.C. Reg. 254/2005

section 7 (1) and (5) 18 Petroleum and Natural Gas Drilling Licence and Lease Regulation, B.C. Reg. 10/82

section 3 (5.3) (d) 19 Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation, B.C. Reg. 495/92

section 1 (1), in the

definitions of “amendment application”, “coalbed methane project”, “concurrent production”, “conservation gas”, “Drilling and Production Regulation”, “gas well event” and “third tier oil”

section 5 (5) 20 Pipeline Crossings Regulation, B.C. Reg. 147/2012

section 1, in the definition of “Act” 21 Professional Governance General Regulation, B.C. Reg. 107/2019

Schedule 1 22 Public Utility Regulation, B.C. Reg. 174/2006

section 2 (c) (ix) 23 Real Estate Services Regulation, B.C. Reg. 506/2004

section 2.3 (d) 24 Reviewable Projects Regulation, B.C. Reg. 243/2019

section 14, in Columns 2 and 3 of Table 10 Item Column 1 Regulation being amended Column 2 Provision

page 7 of 9 Table 2 Table 3 25 Water Sustainability Fees, Rentals and Charges Tariff Regulation, B.C. Reg. 37/2016

section 11 (2) (b) 26 Water Sustainability Regulation, B.C. Reg. 36/2016

section 39 (5) (

a) and (b) (

i) and

(6) Item Column 1 Regulation being amended Column 2 Provision 1 Crown Land Fees Regulation, B.C. Reg. 177/2003

section 3 2 Integrated Land and Resource Registry Regulation, B.C. Reg. 180/2007

section 4 (c) 3 Professional Governance General Regulation, B.C. Reg. 107/2019

section 1.1 (c) 4 Water Sustainability Regulation, B.C. Reg. 36/2016

section 39 (6) (

a) Item Column 1 Regulation being amended Column 2 Provision 1 Direction No. 1 to the Oil and Gas Commission, B.C. Reg. 1/2015

section 2

section 3 2 Environmental Protection and Management Regulation, B.C. Reg. 200/2010

section 8

section 21

section 38 (b) (ii) 3 Geothermal Resources General Regulation, B.C. Reg. 39/2017

section 11 (1), (6) (b), (7) and

(8) section 12 (10), as it modifies

section 8 of the applied regulation 4 Investigations Regulation, B.C. Reg. 134/2019

section 3 (1) and (3) Item Column 1 Regulation being amended Column 2 Provision

page 8 of 9 Table 4 5 Oil and Gas Activities Act General Regulation, B.C. Reg. 274/2010

section 5 (

a) and (b)

section 6 (1)

section 7.1

section 9

section 14, in the definition of “geological and geophysical reports”

section 15 (2)

section 16

section 17 (1), (2), (3), (4), (7) and

(8) section 17.1 (1) (a), (2) and (3)

section 21

section 22

section 23 (1)

section 24 (1) (

b) and (2)

section 26 (2)

section 29 (1) and (3) (b) (ii) 6 Petroleum and Natural Gas Drilling Licence and Lease Regulation, B.C. Reg. 10/82

section 5.01 (1) (a) 7 Petroleum and Natural Gas General Regulation, B.C. Reg. 357/98

section 1, in the definition of “operator”

section 5 (2) and (3)

section 6 8 Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation, B.C. Reg. 495/92

section 1 (1), in the

definitions of “deep re-entry well event”, “pay”, “re-entry date” and “spud date” 9 Pipeline Crossings Regulation, B.C. Reg. 147/2012

section 2 (3) (b) (

i) Item Column 1 Regulation being amended Column 2 Provision 1 Blueberry River First Nations Implementation Agreement Regulation, B.C. Reg. 146/2023

section 1 (1), in the definition of “specified instrument”

section 5 Item Column 1 Regulation being amended Column 2 Provision

page 9 of 9 Table 5 Table 6 2 Environmental Protection and Management Regulation, B.C. Reg. 200/2010

section 1 (1), in the

definitions of “facility area” and “wellsite”

section 8.1

section 9 (1) and (2)

section 10

section 11

section 12

section 13

section 14

section 15

section 16

section 17

section 19 (1) and (2)

section 20 (1) and (2) 3 Geothermal Resources General Regulation, B.C. Reg. 39/2017

section 12 (7) 4 Oil and Gas Activities Act General Regulation, B.C. Reg. 274/2010

section 7.1 (

a) and (b)

section 8 (1) (a)

section 29 (2) (e) 5 Spill Preparedness, Response and Recovery Regulation, B.C. Reg. 185/2017

section 4 Item Column 1 Regulation being amended Column 2 Provision 1 Environmental Protection and Management Regulation, B.C. Reg. 200/2010

section 2

section 6 (

b) and (

d) section 7 (

b) and (

c) section 15 (

a) section 38 (b) (i) 2 Geothermal Resources General Regulation, B.C. Reg. 39/2017

section 12 (7) Item Column 1 Regulation being amended Column 2 Provision 1 Administrative Penalties Regulation, B.C. Reg. 35/2011

section 8 (1), (2), (3), (4) and (5) 2 Environmental Protection and Management Regulation, B.C. Reg. 200/2010

section 1 (1), in the definition of “road right of way” Item Column 1 Regulation being amended Column 2 Provision

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 464/2023
Type	order_in_council
Volume / chapter	arc oic 0464 2023
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	994ecc5a62d4fd06535c6a11338202b3e67c4942

Source file is stored in the law ingest library (pdf).