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Volume 53, No. 19

B.C. Reg. 269/2010

The British Columbia Gazette,

Part II

October 5, 2010

B.C.

Reg. 269/2010 , deposited September 24, 2010, pursuant to the AGRICULTURAL LAND COMMISSION ACT [Section 58], the ASSESSMENT ACT [Section 74 (2) (c)], the BONDING ACT [Sections 2 and 11], the ENVIRONMENTAL MANAGEMENT ACT [Section 138], the FINANCIAL ADMINISTRATION ACT [Section 19], the FOREST AND RANGE PRACTICES ACT [Section 141], the GEOTHERMAL RESOURCES ACT [Section 24 (2) (c)], the LAND ACT [Sections 7.8 and 110], the MUSKWA-KECHIKA MANAGEMENT AREA ACT [Sections 17 and 19 (2)], the PETROLEUM AND NATURAL GAS ACT [Sections 73 (2), 132 and 133], the REAL ESTATE SERVICES ACT [Section 130], and the UTILITIES COMMISSION ACT [Section 121 (2) and (3)].

Order in Council 594/2010, approved and ordered September 23, 2010.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 4, 2010, the following regulations are amended as set out in the attached schedule:

(

a) Agricultural Land Reserve Use, Subdivision and Procedure Regulation B.C. Reg. 171/2002;

(

b) Bonding Regulations, B.C. Reg. 11/68;

(

c) Crown Land Fees Regulation, B.C. Reg. 177/2003;

(

d) Exempt Interests Regulation, B.C. Reg. 302/90;

(

e) Forest Planning and Practices Regulation, B.C. Reg. 14/2004;

(

f) Geothermal Geophysical Exploration Regulation, B.C. Reg. 358/98;

(

g) Integrated Land and Resource Registry Regulation, B.C. Reg. 180/2007;

(

h) Muskwa-Kechika Management Plan Regulation, B.C. Reg. 53/2002;

(

i) Oil and Gas Waste Regulation, B.C. Reg. 254/2005;

(

j) Petroleum and Natural Gas General Regulation, B.C. Reg. 357/98;

(

k) Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation, B.C. Reg. 495/92;

(

l) Petroleum and Natural Gas Storage Reservoir Regulation, B.C. Reg. 350/97;

(

m) Public Utility Regulation, B.C. Reg. 174/2006;

(

n) Real Estate Services Regulation, B.C. Reg. 506/2004;

(

o) Water Regulation, B.C. Reg. 204/88.

— B. BENNETT, Minister of Energy, Mines and Petroleum Resources ; I. CHONG, Presiding Member of the Executive Council .

Schedule

Agricultural Land Reserve Use, Subdivision and Procedure Regulation

(Agricultural Land Commission Act)

Section 39 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002, is amended by striking out " oil and gas commissioner appointed under the Oil and Gas Commission Act " and substituting " commissioner appointed under the Oil and Gas Activities Act ".

Bonding Regulations

(Bonding Act)

Section 9 of the Bonding Regulations B.C. Reg. 11/68 is amended by adding " Oil and Gas Activities Act " after " Motor Vehicle Act ".

Crown Land Fees Regulation

(Land Act)

Section 3 of the Crown Land Fees Regulation, B.C. Reg. 177/2003, is amended by striking out "

section 17 of the Oil and Gas Commission Act " and substituting "

section 8 of the Oil and Gas Activities Act ".

Exempt Interests Regulation

(Assessment Act)

Section 2 (

g) of the Exempt Interests Regulation, B.C. Reg. 302/90, is amended in subparagraph (

i) by striking out " or " and by adding the following subparagraph:

(i.1) a prescribed road under

section 111 (2) of the Oil and Gas Activities Act , or .

Section 3 (

c) is amended by striking out "

section 2 (g) (ii) " and substituting "

section 2 (g) (i.1) or (ii) ".

Forest Planning and Practices Regulation

(Forest and Range Practices Act)

Section 1 of the Forest Planning and Practices Regulation, B.C. Reg. 14/2004, is amended

(

a) in the definition of " authorized in respect of a road " by repealing paragraph (c) (

i) and substituting the following:

(

i) the Transportation Act , Land Act or Local Government Act , or , and

(

b) in the definition of " road " by repealing paragraph (c) (

i) and substituting the following:

(

i) the Community Charter , Transportation Act , Land Act or Local Government Act , or .

Section 51 (1) (

h) is amended by repealing " Ministry of Lands, Parks and Housing Act , Petroleum and Natural Gas Act or Pipeline Act , " and substituting " Ministry of Lands , Parks and Housing Act or Petroleum and Natural Gas Act , ".

Geothermal Geophysical Exploration Regulation

(Geothermal Resources Act)

Section 2 (1) of the Geothermal Geophysical Exploration Regulation, B.C. Reg. 358/98, is amended by striking out " Petroleum and Natural Gas Act " and substituting " Oil and Gas Activities Act ".

Integrated Land and Resource Registry Regulation

(Land Act)

Section 1 of the Integrated Land and Resource Registry Regulation, B.C. Reg. 180/2007, is amended by striking out " Oil and Gas Commission Act " and substituting " Oil and Gas Activities Act ".

Schedule 1 is amended by repealing items 39 and 42 and substituting the following:

a permit issued under the Oil and Gas Activities Act permitting the operation or use of a storage reservoir

Oil and Gas Commission

a permit issued under the Oil and Gas Activities Act permitting the drilling and operation of a well

Oil and Gas Commission

Muskwa-Kechika Management Plan Regulation

(Muskwa-Kechika Management Area Act)

Section 3.4 (

a) of the Muskwa-Kechika Management Plan Regulation, B.C. Reg. 53/2002, is repealed and the following substituted:

(

a) A pre-tenure plan is not a prerequisite to the issuance of a permit under the Oil and Gas Activities Act to carry out geophysical exploration.

Oil and Gas Waste Regulation

(Environmental Management Act)

Section 7 of the Oil and Gas Waste Regulation, B.C. Reg. 254/2005, is amended

(

a) in subsection (1) by striking out "

section 94 of the Drilling and Production Regulation under the Petroleum and Natural Gas Act " and substituting " the Oil and Gas Activities Act ", and

(

b) in subsection (5) by striking out "

section 100 of the Petroleum and Natural Gas Act " and substituting " the Oil and Gas Activities Act ".

Petroleum and Natural Gas General Regulation

(Petroleum and Natural Gas Act)

13 Sections 2 to 4, 7 and 8 of the Petroleum and Natural Gas General Regulation, B.C. Reg. 357/98, are repealed.

Petroleum and Natural Gas Royalty and

Freehold Production Tax Regulation

(Petroleum and Natural Gas Act)

Section 1 (1) of the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation, B.C. Reg. 495/92, is amended

(

a) by repealing the definition of " alteration application " and substituting the following:

"amendment application" means an application to amend a well permit under the Oil and Gas Activities Act ; ,

(

b) in the definition of " coalbed methane project " by repealing paragraph (

a) and substituting the following:

(

a) designated as a special project under

section 75 of the Oil and Gas Activities Act ; ,

(

c) by repealing the definition of " completed well " and substituting the following:

"completed" , in relation to a well, has the same meaning as in the Drilling and Production Regulation; ,

(

d) in the definition of " concurrent production " by adding " as it read immediately before the

section was repealed or concurrent production is authorized under the Oil and Gas Activities Act " after "

section 97 of the Act ",

(

e) in the definition of " conservation gas " by adding " as it read immediately before the

section was repealed or concurrent production is authorized under the Oil and Gas Activities Act " after "

section 97 of the Act ",

(

f) in the definition of " development well " by striking out "

section 14 (1) " and substituting "

section 2 ",

(

g) in the definition of " discovery well " by striking out " discovery well as defined in the Drilling and Production Regulation " and substituting " well designated as a discovery well under

section 2 of the Drilling and Production Regulation ",

(

h) by adding the following

definitions:

"Drilling and Production Regulation" means the Drilling and Production Regulation under the Oil and Gas Activities Act ;

"well permit" has the same meaning as in the Drilling and Production Regulation; ,

(

i) in the definition of " exploratory outpost well " by striking out "

section 14 (2) " and substituting "

section 2 ",

(

j) in the definition of " exploratory wildcat well " by striking out " under

section 14 (3) of the Drilling and Production Regulation or reclassified as an exploratory wildcat under

section 14 (4) of that regulation; " and substituting " well under

section 2 of the Drilling and Production Regulation; ",

(

k) in paragraph (

b) of the definition of " gas well event " by striking out " is subject to a commingling approval from the Oil and Gas Commission under

section 41 (2) of the Drilling and Production Regulation; " and substituting " from which commingled production is permitted under the Oil and Gas Activities Act or the former Act, as that term is defined in

section 116 (1) of the Oil and Gas Activities Act ; ",

(

l) in the definition of " natural gas processing plant " by striking out " but does not include production facilities as defined in the Drilling and Production Regulation ",

(

m) in the definition of " re-entry date " by striking out " alteration application " and substituting " amendment application ",

(

n) in the definition of " third tier oil " by adding " as it read immediately before its repeal or that is designated as a special project under

section 75 of the Oil and Gas Activities Act " after "

section 100 of the Act ".

Section 5 (5) is amended by striking out " pressure maintenance scheme " and substituting " pressure maintenance technique designated under

section 75 of the Oil and Gas Activities Act ".

16 The definition of " incremental drilled distance " in

section 7 (7) (

d) is amended

(

a) in paragraph (

a) by striking out " alteration application " and substituting " amendment application ", and

(

b) in paragraph (

b) by striking out " alteration " and substituting " amendment ".

Section 8 (1) (

k) is amended by striking out " production facility " and substituting " reporting facility ".

Petroleum and Natural Gas Storage Reservoir Regulation

(Petroleum and Natural Gas Act)

Section 1 of the Petroleum and Natural Gas Storage Reservoir Regulation, B.C. Reg. 350/97, is amended by repealing the definition of " CSA Standard Z341-93 ".

Section 2 (

c) is repealed.

Section 4 is amended by striking out " or 131 ".

Section 5 is repealed.

Public Utility Regulation

(Utilities Commission Act)

Section 2 (c) (ix) of the Public Utility Regulation B.C. Reg. 174/2006, is repealed and the following substituted:

(ix) a pipeline permit issued under

section 25 of the Oil and Gas Activities Act ; .

Real Estate Services Regulation

(Real Estate Services Act)

Section 2.3 of the Real Estate Services Regulation, B.C. Reg. 506/2004, is amended in

(

a) in paragraph (

b) by striking out " the Petroleum and Natural Gas Act or ", and

(

b) in paragraph (

d) by adding " , the Oil and Gas Activities Act " after " the Petroleum and Natural Gas Act ".

Water Regulation

(Water Act)

Section 13 (3) of the Water Regulation, B.C. Reg. 204/88, is amended by striking out "

section 17 of the Oil and Gas Commission Act . " and substituting "

section 8 of the Oil and Gas Activities Act . "

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