British Columbia Order in Council — Order under Transportation, s (O.C. 446/2021)

O.C. 446/2021

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 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: Transportation Act, S.B.C. 2004, c. 44, s. 36 Other: OIC 138/2019 O10525937 page 1 of 8 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective August 1, 2021, Order in Council 138/2019 is rescinded and the attached Sierra Yoyo Desan Road System of Charges Order is approved. 446 July 12, 2021

page 2 of 8 SIERRA YOYO DESAN ROAD SYSTEM OF CHARGES ORDER Contents 1

Definitions 2 Principles 3 Charges 4 Timber hauling records 5 Collection of charges 6 Timing of payments 7 Prohibition 8 Interest APPENDIX

Definitions 1 In this system of charges: “active well” means a well within the assessable ar ea that is classified in the IRIS database as “active”; “active well charge” means $2 064; “assessable area” means the area set out in the Appendix; “assessment period” means a period of 12 months; “authority” means the BC Transportation Financing Authority; “charge” means any of the following: (

a) an active well charge; (

b) a non-active well charge; (

c) a well drilling charge; (

d) a well drilling (summer) charge; (

e) a drilling rig move charge; (

f) a drilling rig move (summer) charge; (

g) a timber hauling charge; (

h) a compressor move charge; (

i) a compressor move (summer) charge; (

j) a shale gas well fracturing move; (

k) a pipeline construction haul charge; (

l) a gas processing plant construction haul charge; “compressor move” means the moving of a compressor over the road to a location within the assessable area, but does not include a compressor move (summer); “compressor move charge” means $22 050; “compressor move (summer)” means the moving of a compressor over the road to a location within the assessable area at any time during the summer period; “compressor move (summer) charge” means $28 875; “drilling rig move” means the moving of a drilling rig over the road to a new well drilling location within the assessable area, but does not include

page 3 of 8 (

a) a drilling rig move (summer), or (

b) a drilling rig move if the only use of the road is to move the rig from one side of the road to the other; “drilling rig move charge” means $22 575; “drilling rig move (summer)” means the moving of a drilling rig over the road to a new well drilling location within th e assessable area for any well drilling (summer), but does not include a drilling rig move if the only use of the road is to move the rig from one side of the road to the other; “drilling rig move (summer) charge” means $28 875; “gas processing plant” means a plant for the extraction from natural gas of marketable gas and natural gas by-p roducts with design capacity of 150 000 cubic metres or more per day; “gas processing plant construction haul” means the moving of any materials or equipment on the road for construction or expansion of a gas processing plant in the assessable area with design capacity of 150 000 cubic metres or more per day; “gas processing plant construction haul charge” means the amount determined by the following formula: A × B where A = $0.035, and B = the design capacity of the gas processing plant in cubic metres per day; “industrial user” means any of the following: (

a) a person who, under the Oil and Gas Activities Act , operates an active or non-active well or engages in well drilling, well drilling (summer), a drilling rig move or a drilling rig move (summer); (

b) a person who, under the Oil and Gas Activities Act, is a permit holder with permission to construct or operate a pipeline, or construct, operate and restore a facility; (

c) a person who engages in timber hau ling on the road or causes timber to be hauled on the road; “IRIS” means the Oil and Gas Commission’s Integrated Resource Information System; “ministry” means the ministry of the minister responsible for the administration of the Ministry of Energy and Mines Act; “non-active well” means a well within the assessable area that is classified in the IRIS database as “suspended”, “cased”, “completed”, “drilling suspended”, “gas testing” or “abandoned zone”; “non-active well charge” means $455; “pipeline construction haul” means the moving of any materials or equipment on the road for construction of a pipelin e, in the assessable area, the outside diameter of which measures 152 millimeters or more;

page 4 of 8 “pipeline construction haul charge” means the amount determined by the following formula: A × B × C where A = $7, B = the outside diameter of the pipeline in millimeters, and C = the length of pipeline in the assessable area in kilometres; “road” means that part of the road known as the Sierra Yoyo Desan Road that the authority has leased to the ministry under

section 27 (3) (

d) of the Transportation Act; “shale gas well” means a well, within the assessab le area, where the primary objective or formation is classified in the IRIS database as “Muskwa”, “Otter Park”, “Evie, or “Horn River”; “shale gas well fracturing move” means the moving of any well fracturing materials or equipment over the road to a new shale gas well location within the assessable area; “shale gas well fracturing move charge” means $30 000; “summer period” means the period beginning April 1 and ending November 30 of any year; “system of charges” means this system of charges for the road approved by the Lieutenant Governor in Council; “timber hauling charge” means $0.68; “vehicle” means a device in, on or by which a person or thing is or may be transported or drawn on a highway, ex cept a device designed to be moved exclusively by human power or used exclusively on stationary rails or tracks; “well” means a well, within the assessab le area, as defined in the Petroleum and Natural Gas Act; “well drilling” means well drilling within the asses sable area, but does not include well drilling (summer); “well drilling charge” means $15 750; “well drilling (summer)” means well drilling within the assessable area at any time during the summer period; “well drilling (summer) charge” means $20 475.

Principles 2 This system of charges is a user fee system based on the following principles: (

a) the costs for the upgrade, maintena nce, administration and management of the road and the administration of this system of charges are to be recovered through the charges under this system of charges; (

b) industrial users must pay charges in accordance with this system of charges; (

c) the amount of any surplus or defi cit from previous assessment periods, as determined by the ministry, is to be considered by the ministry when recommending to the authority adjustments to this system of charges.

page 5 of 8 Charges 3 An industrial user must pay to the authority the following charges applicable to the industrial user: (

a) an active well charge for each assessment period for each active well an industrial user operates; (

b) a non-active well charge for each assessment period for each non-active well for which an industrial user is an operator; (

c) a well drilling charge for each well dr illed by or on behalf of an industrial user during any time other than the summer period; (

d) a well drilling (summer) charge for each well drilled by or on behalf of an industrial user during the summer period; (

e) a drilling rig move charge for each dr illing rig move by or on behalf of an industrial user; (

f) a drilling rig move (summer) charge for each drilling rig move (summer) by or on behalf of an industrial user; (

g) a timber hauling charge for each cubi c metre of timber an industrial user causes to be transported on any part of the road; (

h) a compressor move charge for each compressor move by or on behalf of an industrial user; (

i) a compressor move (summer) char ge for each compressor move (summer) by or on behalf of an industrial user; (

j) a shale gas well fracturing move charge for each shale gas well fracturing move by or on behalf of an industrial user; (

k) a pipeline construction haul charge for each pipeline construction haul by or on behalf of an industrial user for a pipeline the outside diameter of which measures 152 millimeters or more; (

l) a gas processing plant constructi on haul charge for each gas processing plant construction haul by or on behalf of an industrial user for a gas processing plant with design capacity of 150 000 cubic metres or more per day. Timber hauling records 4 The ministry must determine the number of cubic metres of timber an industrial user has transported on the road during an asses sment period, based on publicly available records from the Ministry of Forests, La nds, Natural Resource Operations and Rural Development. Collection of charges 5

(1) The ministry must (

a) collect all charges payable to the au thority under this system of charges as the authority’s authorized representative, and (

b) administer this system of charges.

(2) The ministry may collect pro-rate d active well charges and non-active well charges from an industrial user once in every four-month period within an assessment period.

page 6 of 8 Timing of payments 6 An industrial user must pay to the authority a charge set out in an invoice issued to the industrial user not more than 30 days after the invoice is issued. Prohibition 7 An industrial user who is in arrears on the payment of charges owing by it must not take or operate any vehicle on the road until the industrial user has paid all charges owing by it under this system of charges.

Interest 8 If an amount due from an industrial user re mains due for more than 30 days under this system of charges, the industrial user must pay interest on that amount from the day the amount becomes due, in the same manner as if the amount were due to the government, and as if interest were paya ble under the Interest on Overdue Accounts Receivable Regulation, B.C.

Reg. 214/83, under the Financial Administration Act. [Editorial note: A member of the public who is not an industrial user may travel on the road without payment of a charge. (This note is for the assistance of the reader but is not part of this system of charges.)] APPENDIX ASSESSABLE AREA The assessable area is outlined in bold red line on the map following this Appendix and includes the area within the NTS map coordinates listed below.

In the event of any inconsistency between the area shown in the map and the area within the NTS coordinates, the NTS map coordinates govern. 94-P-1 through 16; 94-O-1, 8, 9 and 16; 94-I-10 through 15; 94-J-16; 94-J-15, A/1, 2, 11, 12, 21, 22, 31, 32, 41, 42, 51, 52, 61, 62, 71, 72, 81, 82, 91, 92; 94-J-15, H/1-3,11, 12, 21, 22, 31-33, 41-43, 51-53, 61-63, 71-73, 81-83, 91-93; 94-J-15, I/1-3, 11, 21, 31; 94-J-10, H/41, 42, 51, 52, 61, 62, 71, 72, 81, 82, 91, 92; 94-J-10, I/1, 2, 11, 12, 21, 22, 31, 32, 41, 42, 51, 52, 61, 62, 71, 72, 81, 82, 91, 92; 94-J-9, F through L; 94-J-9, E/1-9, 11-19, 21-30, 31-100; 94-J-9, D/71-77, 81-89, 91-99; 94-J-9, C/51-53, 61-67, 71-100; 94-J-9, B/31, 33, 34, 36, 37, 41-49, 51-100; 94-J-9, A;

page 7 of 8 94-J-8, I/1-3, 11-14, 21-24, 31-35, 41-45, 51-56, 61-65, 71-76, 81-87, 91-99; 94-J-8, H/31, 41, 42, 51, 52, 61, 62, 71, 72, 81, 82, 91, 92, 93; 94-I-5, F through I; 94-I-5, E/1-9, 11-19, 21-100; 94-I-5, D/41, 51-53, 61-64, 71-76, 81-87, 91-98; 94-I-5, C/41-100; 94-I-5, B/43-100; 94-I-5, A/21-24, 31-37, 41-100; 94-I-6, E through I; 94-I-6, D/27-30, 34-40, 41-100; 94-I-6, C/34-37, 43-50, 51-100; 94-I-6, B/53, 55, 56, 57, 58, 60, 61-100; 94-I-6, A/79, 80, 87-90, 91-100; 94-I-7, H through L; 94-I-7, G/1-8, 11-18, 21-29, 31-100; 94-I-7, F/25, 33, 35, 37, 41-100; 94-I-7, E/9, 10, 16-20, 25-30, 31-100; 94-I-7, B/41-44, 51-55, 61-65, 71-77, 81-87, 91-98; 94-I-7, A/31-100; 94-I-9, L; 94-I-9, K/7-10, 14-20, 23-30, 33-40, 42-50, 52-60, 61-100; 94-I-9, J/67-69, 77-80, 85-90, 94-100; 94-I-9, F/89, 90, 97-100; 94-I-9, E/5-10, 15-20, 26-30, 36-40, 47-50, 57-60, 66-70, 72-80, 81-100; 94-I-9, D/5-10, 15-20, 25-30, 36-40, 46-50, 56-60, 66-70, 77-80, 85-90, 95-100; 94-I-16, C through F, K and L; 94-I-16, B/4-10, 14-20, 29, 30, 39, 40, 59, 60, 69, 70, 76-80, 86-90, 96-100; 94-I-16, G/6- 10, 15-20, 25-30, 35-40, 45-50, 56-60, 67-70, 76-80, 86-90, 96-100; and 94-I-16, J/8-10, 19, 20, 29, 30, 39, 40, 49, 50, 59, 60, 69, 70, 78-80, 87-90, 97-100.

page 8 of 8 123°W 122°W 121"W 120°W 958 095802 095801 095A04 095A03 095A02 095A01 60°N j 60°N :=- --= 094015 -,_ 094P16 094P13 094P14 094P15 . 094016 ... ,.•' c•••• =- •, C' • •• -=- 94011 094010 094009 094P12 = 094P10 094P09 o:- 094P11 •···· ., .. , - --,_ ·. 'o 94 06 094008 094007 094P05 094P06 094P07 094P08 = ····· - : .. - -- 09 03 094001 094P04 094P03 094P01 '•··· , .. ,···· ., ... 59°N 59°N -:: ...... •·· ... c,,,• ·•. .. ' ........ .. 094113 094115 oy_c:>-Desan Road '.:: 094J10 094J09 •" 094112 094111 094110 094J07 094108 •···· • .. ,. 101 .. 094104 \ 094103 094101 094102 58°N .,., - SYD Road 094H13 •• ,,. 094H14 094H15 c::::J SYD Assessable Area 122°W 121°W 120°W

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 446/2021
Type	order_in_council
Volume / chapter	arc oic 0446 2021
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c9b0fa2bdf7622ffc4ffde9e39e322811507df59

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