British Columbia Bill 32 (Government) — 36th Parliament, 3rd Session — Previous Version 3
36-3 Gov Bill 32-3
British Columbia — Bills
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1998 Legislative Session: 3rd Session, 36th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 21st day of July, 1998
Ian D. Izard, Law Clerk
HONOURABLE DAN MILLER
MINISTER OF ENERGY AND MINES AND MINISTER
RESPONSIBLE FOR NORTHERN DEVELOPMENT
BILL 32
OIL AND GAS COMMISSION ACT
Contents
Section
Definitions
Corporation established
Purposes
Relationship with aboriginal and treaty rights
Powers and duties of the board
Capacity and powers of the commission
Advisory committee
Alternative dispute resolution
Advisory committee's role in reconsideration by alternative disputeresolution
Inquiries and recommendations
Conflict of interest
Officers and employees
Financial administration
Audit
Annual report
Investment
Commission's responsibilities under various enactments
Transition
Common carrier
Common purchaser
Common processor
Regulations
Appropriation
Forms
25-72
Consequential amendments
Commencement
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the
Province of British Columbia, enacts as follows:
Definitions
(1) In this Act:
"advisory committee" means the advisory committee established under
section 7;
"commission" means the Oil and Gas Commission established under
section 2;
"minister" means the minister responsible for the administration of
this Act;
"oil and gas activity" means any activity related to
(
a) the search for petroleum, natural gas or both,
(
b) the exploration and development of petroleum, natural gas or both, or
(
c) the production, gathering, processing and storage of petroleum, natural gas or
both,
and includes
(
d) the reclamation of sites disturbed because of an activity within this definition,
and
(
e) the monitoring and long term protection, control and treatment of those sites;
"specified enactment" means
(
a) any of the following provisions of the Forest Act, but only in relation to a
licence to cut:
(
i) section 51 (licence to cut);
(ii)
section 54 (consent to transfer);
(iii)
section 55 (cancellation for failure to obtain consent);
(iv)
section 76 (suspension of rights);
(
v) section 77 (cancellation);
(vi)
section 81 (eligibility),
(
b) section 117 of the Forest Act (road use permits for industrial use),
(c)
section 21 (2) of the Forest Practices Code of British Columbia Act (logging
plans),
(
d) section 12 of the Heritage Conservation Act (permit authorizing an action
referred to in
section 13 of that Act),
(
e) any of the following provisions of the Land Act:
(
i) section 11 to the extent that
section 11 relates to a lease or grant described in
section 11 (2) (
b) to (d) (disposing of Crown land);
(ii)
section 14 (temporary occupation of Crown land);
(iii)
section 21 (limit on area of lease);
(iv)
section 26 (1) (interest on deferred payments);
(
v) section 30 (amendment of area under application);
(vi)
section 32 (application procedure for dispositions);
(vii)
section 33 (public notice), except in relation to a disposition by purchase;
(viii)
section 35 (feasibility studies);
(ix)
section 36 (security deposit);
(
x) section 37 (affidavit);
(xi)
section 38 (lease of Crown land);
(xii)
section 39 (licence of occupation);
(xiii)
section 40 (right of way and easement);
(xiv)
section 41 (failure to complete survey);
(xv)
section 42 (2) (date of disposition);
(xvi)
section 43 (cancellation of disposition);
(xvii)
section 44 (amendment and cancellation if approval of grant improper);
(xviii) sections 46 (2) (relief respecting cancelled disposition);
(xix)
section 59 (trespass on Crown land);
(xx)
section 63 (disputed applications);
(xxi)
section 67 (1) (garbage on Crown land);
(xxii)
section 96 (1) (occupational rental);
(xxiii)
section 99 (2) to (4) (assignment of disposition);
(xxiv)
section 107 (restricting lawsuits against public officials);
(xxv)
section 109 (1) (execution of documents),
(
f) any of the following provisions of the Waste Management Act:
(
i) section 8 (special waste storage and disposal);
(ii)
section 10 (permits);
(iii)
section 11 (approvals);
(iv)
section 13 (amendment of permits and approvals);
(
v) section 14 (transfer of permits and approvals);
(vi)
section 16 (abandonment), and
(
g) any of the following provisions of the Water Act, but only in relation to an
approval as defined in
section 1 of the Water Act:
(
i) section 8 (short term use of water);
(ii)
section 9 (1) (a) (changes in and about a stream);
(iii)
section 22 (records);
(iv)
section 23 (suspension and cancellation of rights and licences);
(
v) section 26 (permits over Crown land).
(2) Words and expressions used but not defined in this Act have the same meanings as in
the Petroleum and Natural Gas Act.
Corporation established
(1) A corporation, to be known as the Oil and Gas Commission, is established,
consisting of a board of 2 directors appointed for a term not exceeding 5 years, by the
Lieutenant Governor in Council who must designate one of the directors as the commissioner
and the other as the deputy commissioner.
(2) A vacancy in the membership of the board or the incapacity of one of the directors
does not impair the power of the remaining director to act.
(3) The commissioner is chair of the board.
(4) One director in office constitutes a quorum of the board, and, in the case of a tie
vote of the directors, the chair has a second or casting vote.
(5) The commission is an agent of the government.
(6) A director or former director may be reappointed.
Purposes
3 The purposes of the commission are to
(
a) regulate oil and gas activities and pipelines in British Columbia in a manner that
(
i) provides for the sound development of the oil and gas sector, by fostering a
healthy environment, a sound economy and social well being,
(ii) conserves oil and gas resources in British Columbia,
(iii) ensures safe and efficient practices, and
(iv) assists owners of oil and gas resources to participate equitably in the production
of shared pools of oil and gas,
(
b) provide for effective and efficient processes for the review of applications
related to oil and gas activities or pipelines, and to ensure that applications that are
approved are in the public interest having regard to environmental, economic and social
effects,
(
c) encourage the participation of First Nations and aboriginal peoples in processes
affecting them,
(
d) participate in planning processes, and
(
e) undertake programs of education and communication in order to advance safe and
efficient practices and the other purposes of the commission.
Relationship with aboriginal and treaty rights
4 For greater certainty, the provisions of this Act are intended to respect
aboriginal and treaty rights in a manner consistent with
section 35 of the Constitution
Act, 1982.
Powers and duties of the board
(1) The board must manage the affairs of the commission or supervise the
management of those affairs and may exercise the powers conferred on the board under this
Act and the powers of the commission.
(2) The board may pass resolutions it considers necessary or advisable to manage and
conduct the affairs of the commission and to exercise the board's powers and to perform
its duties.
Capacity and powers of the commission
(1) For the purposes of this Act, the commission may
(
a) acquire, hold and dispose of property,
(
b) invest money, and, subject to the prior approval of the Lieutenant Governor in
Council, borrow money,
(
c) negotiate and enter into agreements with the government, or with an official or
agency of it, or with any person, including, subject to the prior approval of the
province, First Nations or local governments, or with an official or agency of any of
them,
(
d) subject to the prior approval of the Lieutenant Governor in Council, expend money
for mitigation measures in relation to oil and gas activities and pipelines, and
(
e) do other things that the Lieutenant Governor in Council may authorize.
(2) For the purpose of discharging the commission's responsibilities under a provision
referred to in paragraph (
e) of the definition of "specified enactment" in
section 1 (1), an employee of the commission who has identification from the commission
for the purpose, the commissioner and deputy commissioner have at reasonable times a right
to enter Crown land and premises.
Advisory committee
(1) The minister must establish an advisory committee to
(
a) provide advice and make recommendations to the commission as to the fulfillment of
the commission's purposes and its adherence to the responsibilities of the commission
under
section 17,
(
b) fulfill that committee's role described in
section 9,
(
c) anticipate and identify environmental, economic and social issues arising out of
the commission's operations,
(
d) by June 30 of each year, review the commission's operating plans and audited
financial statements for the fiscal year of the commission that ended on March 31 of that
year, and
(
e) assist the commission to develop short and long term operating plans.
(2) The commission may pay to an advisory committee member
(
a) an allowance for reasonable travelling and incidental expenses necessarily incurred
in carrying out the responsibilities of the advisory committee, and
(
b) if the advisory committee member is not a member of the Legislative Assembly or a
public servant, remuneration at rates set by the Lieutenant Governor in Council.
Alternative dispute resolution
(1) The commission must encourage the use of consensual alternative dispute
resolution methods for the purpose of resolving disputes relating to the commission's
discretion, functions and duties under
(
a) this Act in relation to a specified enactment, or
(
b) the Petroleum and Natural Gas Act or the Pipeline Act in relation to
a licence, permit, approval or other authorization under either of those Acts.
(2) The commission on its own initiative or at the request of an interested person may
authorize one or more persons to facilitate settlement, by a process of consensual
alternative dispute resolution, of a dispute relating to the carrying out of the
commission's discretion, functions and duties under
(
a) this Act in relation to a specified enactment, or
(
b) the Petroleum and Natural Gas Act or the Pipeline Act in relation to
a licence, permit, approval or other authorization under either of those Acts.
(3) The commission may ask the person or persons authorized under subsection (2), if
unsuccessful in settling the dispute, to make recommendations that must be considered by
the commission before deciding the disputed matter.
Advisory committee's role in reconsideration by alternative dispute
resolution
(1) The advisory committee, on application in the prescribed manner by an
interested person, may request that the commission grant an authorization, referred to in
section 8 (2), in respect of any decision of the commission other than a decision for
which a right of appeal is provided under
section 136 of the Petroleum and Natural Gas
Act,
section 44 of the Waste Management Act or
section 40 of the Water Act.
(2) If the commission grants the authorization requested by the advisory committee,
(
a) the effect of the commission's original decision is suspended pending the outcome
of the reconsideration under paragraph (b), and
(
b) following the consensual alternative dispute resolution process, and after taking
into account the recommendations referred to in
section 8 (3), if there are any, the
commission must reconsider the original decision and redecide the matter in a manner the
commission considers appropriate.
(3) The advisory committee must exercise its discretion to make a request under subsection (1) within the prescribed period after the decision that is the subject of the request.
(4) The commission must
(
a) grant or refuse the request within the prescribed period after it receives the
request, and
(
b) redecide the matter that is the subject of the request within the prescribed period
after granting the request.
Inquiries and recommendations
(1) The commission may, and at the request of the Lieutenant Governor in
Council, must, at the places, at the times and in a manner it considers advisable
(
a) make inquiries and investigations and prepare studies and reports on any matter
within the scope of this Act, and
(
b) recommend to the Lieutenant Governor in Council any measures the commission
considers necessary or advisable in the public interest related to oil and gas activities
or pipelines.
(2) Subsection (1) does not apply to a matter that is before the commission.
Conflict of interest
(1) A director or senior officer of the commission must not, directly or
indirectly,
(
a) hold, acquire or have a beneficial interest in a share, or other security of a
corporation or other person subject to regulation under this Act, or
(
b) have a significant beneficial interest in a device, appliance, machine, article,
patent or patented process, or a part of it, that is required or used by a corporation or
other person referred to in paragraph (
a) for the purpose of its equipment or service.
(2) A director or senior officer of the commission, in whom a beneficial interest
referred to in subsection (1) (
a) or (
b) is or becomes vested, must divest himself or
herself of the beneficial interest within 3 months after becoming a director or senior
officer or after acquisition of the property, as the case may be.
(3) The use or purchase for personal or domestic purposes, of gas or petroleum products
or service from a person subject to regulation under this Act is not a contravention of
this section, and does not disqualify a director or senior officer from acting in any
matter affecting that person.
Officers and employees
(1) The commissioner may appoint officers and employees necessary to carry on
the business and operations of the commission and may define their duties and determine
their remuneration.
(2) The Public Service Act and the Public Service Labour Relations Act
apply to the commission and to its officers and employees, except that the references in
section 22 of the Public Service Act to the commissioner under that Act and to a
deputy minister must be read as references to the commissioner under this Act.
Financial administration
(1) The board must establish and maintain an accounting system satisfactory
to the Minister of Finance and Corporate Relations.
(2) Whenever required by the minister, the board must provide detailed accounts of its
revenues and expenditures for the period or to the date the minister designates.
(3) All books or records of account, documents and other financial records are at all
times open for inspection by the minister or a person designated by the minister.
(4) The Minister of Finance and Corporate Relations may direct the Comptroller General
to examine and report to Treasury Board on any or all of the financial and accounting
operations of the commission.
(5) The fiscal year of the commission is a period of 12 months beginning on April 1 in
each year and ending on March 31 in the next year.
(6) The Minister of Finance and Corporate Relations is the fiscal agent of the
commission.
Audit
14 At least once for each fiscal year, the accounts of the commission must be
audited and reported on to the Executive Council through the minister and to the
commission by an auditor appointed by the Lieutenant Governor in Council, and the costs of
the audit must be paid by the commission.
Annual report
(1) The commission must prepare and deliver to the Executive Council through
the minister, within 2 months after the end of the fiscal year of the commission,
(
a) a report of the commission on its operations for the preceding fiscal year, and
(
b) a financial statement in the form required by the Minister of Finance and Corporate
Relations showing the revenues, expenditures, assets and liabilities of the commission at
the end of the preceding fiscal year.
(2) The financial statement delivered under subsection (1) must be prepared in
accordance with generally accepted accounting principles.
(3) The minister must promptly lay the report before the Legislative Assembly if it is
in session and, if the Legislative Assembly is not in session, the report must be filed
with the Clerk of the Legislative Assembly.
Investment
(1) The commission may place with the Minister of Finance and Corporate
Relations investment money the commission receives but does not immediately require for
carrying out the purposes of this Act.
(2) Money placed with the Minister of Finance and Corporate Relations under this
section is to be treated for all purposes as money placed with that minister under
section
40 (5) of the Financial Administration Act.
Commission's responsibilities under various enactments
(1) For the regulation of oil and gas activities and pipelines, the
commission, instead of the official named in a specified enactment,
(
a) has all the powers relating to a discretion, function or duty referred to in the
specified enactment, and
(
b) is charged with the all the responsibilities pertaining to that discretion,
function or duty.
(2) The exercise of the powers conferred on the commission by subsection (1), the
carrying out of each discretion, function and duty referred to in a specified enactment
and the responsibilities with which the commission is charged under this
section remain
subject in all respects to the Act that contains the specified enactment, and that Act
continues to apply.
(3) Despite subsections (1) and (2), the commission must not grant or refuse a road use
permit under
section 117 of the Forest Act without first consulting with the
district manager under that Act.
(4) Despite subsections (1) and (2), but subject to subsection (5), the commission and
the appropriate officials under the various Acts that contain the specified enactments are
each responsible for enforcing the provisions of those Acts in relation to the matters
described in the specified enactments.
(5) Despite subsections (1) and (2), the appropriate officials under the Forest
Practices Code of British Columbia Act, and not the commission, continue to be
responsible for enforcing the provisions of that Act in relation to logging plans.
(6) Despite subsections (1) and (2),
section 143 of the Forest Act does not
apply to a determination, order or decision of the commission under
section 76 or 77 of
the Forest Act.
(7) The production of an approval as defined in
section 1 of the Water Act, or a
copy of an approval so defined, certified to be a copy by the commission or an employee of
the commission authorized by it to certify copies, is without further proof evidence in a
court of the matters and things set out in the approval.
Transition
(1) If directly related to an oil and gas activity or a pipeline,
(
a) an approval, licence, permit or other authorization referred to in a specified
enactment listed in paragraph (a), (b), (c), (d), (
f) or (
g) of the definition of
"special enactment" in
section 1 (1), and
(
b) an instrument referred to in paragraph (
e) of that definition,
that has been issued under the Act that contains the specified enactment before the
date this
section comes into force, and that is in effect immediately before that date, is
deemed to be an approval, licence, permit, other authorization or instrument issued by the
commission under this Act.
(2) If doubt exists as to whether an approval, licence, permit, other authorization or
instrument referred to in subsection (1) is directly related to an oil and gas activity or
holder, the commissioner by order may resolve the doubt.
Common carrier
(1) On application by an interested party, the commission, after a hearing,
and with the approval of the minister, by order, to be effective on the date of the
application or on another date determined by the commission, may declare a person to be a
common carrier with respect to the operation of a pipeline for the transportation of one
or more of crude oil, natural gas or natural gas liquids.
(2) The commission may require the applicant to notify all persons whom the commission
determines to be affected by the application.
(3) A common carrier must not unreasonably discriminate
(
a) between itself and persons who apply to transport crude oil, natural gas or natural
gas liquids in the common carrier's pipeline, or
(
b) among the persons who so apply.
Common purchaser
(1) On application by an interested party, the commission after a hearing,
and with the approval of the minister, by order, to be effective on the date of the
application or on another date determined by the commission, may declare, subject to
subsection (2), a person, who purchases or otherwise acquires, from a pool designated by
the commission, crude oil, natural gas or natural gas liquids, to be a common purchaser of
the crude oil, natural gas or natural gas liquids.
(2) The commission must not require a common purchaser to purchase natural gas from a
pool
(
a) in a greater total amount, or
(
b) at a greater rate of production,
than the common purchaser was obligated to purchase from that pool under the gas
purchase contracts existing immediately before an order was made under this section.
(3) The commission may require the applicant to notify all persons whom the commission
determines to be affected by the application.
(4) A common purchaser must not unreasonably discriminate
(
a) between itself and persons who apply for the services offered by the common
purchaser, or
(
b) among the persons who so apply.
Common processor
(1) On application by an interested party, the commission, after a hearing,
and with the approval of the minister, by order, to be effective on the date of the
application or on another date determined by the commission, may declare a person that
owns or operates a plant for processing natural gas to be a common processor of the
natural gas.
(2) The commission may require the applicant to notify all persons whom the commission
determines to be affected by the application.
(3) A common processor must not unreasonably discriminate
(
a) between itself and persons who apply for the services offered by the common
processor, or
(
b) among the persons who so apply.
Regulations
(1) In this section, "producer" means
(
a) a holder of a location who markets or otherwise disposes of petroleum, natural gas
or both, produced by
(
i) the holder of the location, or
(ii) a person authorized to produce the petroleum, natural gas or both by the holder of
the location, and
(
b) a person authorized by a holder of a location to produce and market or otherwise
dispose of, on the holder's behalf, petroleum, natural gas or both.
(2) The Lieutenant Governor in Council may make regulations referred to in
section 41
of the
Interpretation Act.
(3) Without limiting subsection (2), the Lieutenant Governor in Council may make
regulations
(
a) respecting policies and procedures to be followed by the commission in conducting
its affairs, exercising its powers, carrying out its discretion, functions and duties and
discharging its responsibilities,
(
b) respecting applications to the commission,
(
c) prescribing time limits within which specified steps in the application process
must be taken, and
(
d) defining words and expressions used but not defined in this Act.
(4) A regulation under subsection (3) (
a) to (
c) respecting any matter
(
a) under the Petroleum and Natural Gas Act, is subject to that Act and the
regulations under that Act,
(
b) under the Pipeline Act, is subject to that Act and the regulations under
that Act, and
(
c) referred to in a specified enactment, is subject to the Act that contains the
specified enactment and to the regulations under that Act.
(5) Without limiting subsection (2), the Lieutenant Governor in Council, for the
purpose of recovering expenses arising out of the administration of this Act in a fiscal
year, may make regulations as follows:
(
a) requiring producers to pay a levy to the government;
(
b) establishing the amount, or the method of determining the amount, of the levy;
(
c) designating an employee of the government as the collector of the levy for payment
under
section 23 to the commission and providing for its collection;
(
d) providing for imposition of penalties to enforce payment of the levy, including
cancellation of a permit, licence or lease granted under the Petroleum and Natural Gas
Act.
(6) A regulation under subsection (5) may
(
a) classify producers for the purpose of the regulation according to
(
i) whether they produce petroleum or natural gas or both,
(ii) the date on which production commences or commenced, or
(iii) any other basis the Lieutenant Governor in Council considers appropriate, and
(
b) provide differently for different classes of producers.
Appropriation
23 The Minister of Finance and Corporate Relations, out of the consolidated
revenue fund, must pay to the commission
(
a) the levies authorized under
section 22 (5), and
(
b) the revenue derived from fees in relation to
(
i) applications for and issuance of approvals, licences, permits and other
authorizations issued by the commission under the Petroleum and Natural Gas Act and
the Pipeline Act, and
(ii) annual fees prescribed under
section 133 (2) (
q) of the Petroleum and Natural
Gas Act and under
section 35 (2) (
d) of the Pipeline Act.
Forms
(1) The commission may require forms for applications referred to in
section
22 (3) (
b) or for other purposes, including but not limited to forms by which applicants
may apply under one or more of the Petroleum and Natural Gas Act, the Pipeline
Act and the specified enactments for an approval, licence, permit, other
authorization, the issuance of an instrument or the exercise of a discretion of the
commission or for any combination of those things.
(2) A form required under subsection (1) must be consistent with this Act and with each
other Act, if any, that is applicable to the subject matter of the form.
Consequential Amendments
Financial Information Act
Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended
by adding "Oil and Gas Commission" .
Freedom of Information and Protection of Privacy Act
Schedule 2 of the Freedom of Information and Protection of Privacy Act,
R.S.B.C. 1996, c. 165, is amended by adding the following:
Public Body:
Oil and Gas Commission
Head:
Commissioner .
Petroleum and Natural Gas Act
Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is
amended
(
a) by repealing the definition of "certificate of restoration"
and substituting the following:
"certificate of restoration" means a certificate issued by the
commission certifying that, in the commission's opinion, all or part of a location is,
restored; ,
(
b) by adding the following
definitions:
"commission" means the commission established under
section 2 of the Oil
and Gas Commission Act;
"director" means an officer or employee of the ministry who is
designated as the Director of Petroleum Lands by the minister; ,
(
c) by repealing the definition of "commissioner" and
substituting the following:
"commissioner" means the commissioner designated under
section 2 of
the Oil and Gas Commission Act; , and
(
d) in the
definitions of "gas well" , "geophysical
exploration" , "petroleum well" and "zone" by
striking out "minister" and substituting
"commission" .
Section 4 is repealed and the following substituted:
Entry on location
(1) An employee of the ministry authorized by the minister or an employee of
the commission authorized by it may enter a location to examine and inspect for the
purposes of this Act.
(2) A person must admit to a location an employee of the ministry or of the commission,
authorized under subsection (1), to examine or inspect, and must provide that employee
with the means and assistance necessary for the purpose.
29 Sections 7, 99, 100, 105 (1), (2), (3), (4) and (5), 107 (2) (
c) and (3) and
108 (2) to (4) are amended by striking out "minister" wherever it
appears and substituting "commission" .
Section 8 is amended
(
a) in subsection (1) by striking out "On the recommendation of the
minister, the Minister of Lands Parks and Housing may, subject to terms he or she may
specify," and substituting "The commission, on terms it may
specify, may" , and
(
b) in subsection (3) by striking out "minister." and
substituting "commission." .
31 Sections 12 (4), 32 (2) and (3), 34, 67, 84.1, 85, 86, 88, 90, 91, 95, 97, 104
(1) and (2) and 131 are amended by striking out "division head" wherever
it appears and substituting "commission" .
Section 22 (4) (
b) is amended by striking out "an officer of the
division" and substituting "the commission" .
Section 33 is amended
(
a) by striking out "commissioner, subject to conditions he or she
may require," and substituting "commission, subject to conditions
it may impose," ,
(
b) by repealing subsections (2) and (3) and substituting the following:
(2) The commission may revoke an approval given under subsection (1) or may vary
conditions imposed by it if it considers that the conditions or regulations have not been
complied with.
(3) Despite the granting of an approval under subsection (1), an employee of the
commission designated by the commission may order work on a geophysical exploration
project to stop if the designated employee considers that unreasonable damage to the
terrain or environment will be caused by continuation of the project. ,
(
c) in subsection (4) by striking out "commissioner" and
substituting "commission" , and
(
d) by repealing subsection (5).
Section 35 is amended
(
a) in subsection (1) by striking out "division head" and
substituting "commission" , and
(
b) by repealing subsection (2) and substituting the following:
(2) Unless a condition exists that the commission considers a danger to any person or
to public or private property, the commission must not cancel a geophysical licence until
the commission has given the holder at least 30 days' notice to rectify the default and
the default is not rectified within the notice period.
Section 36 is repealed and the following substituted:
Regulations for this
Part
36 The commission may make regulations as follows:
(
a) governing the methods and manner and places in which geophysical exploration may be
carried out and empowering designated employees of the commission to
(
i) require persons carrying out the exploration to clean up, restore and reclaim land
and improvements affected by the exploration,
(ii) require those persons to post performance bonds for the due performance of the
cleanup, restoration and reclamation, and
(iii) deduct or recover the costs of the cleanup, restoration and reclamation from
those performance bonds;
(
b) providing for reports to the commission.
36 Sections 39, 42 (1), (2) and (4), 45 (1) to (3), (5) and (7), 46 (3), 54 (d),
55 (2), 57 (1) to (4), 59 (1), 61 (1) to (4), 117 (2) and (6), 119 (2) and (5) (
b) and 120
are amended by striking out "commissioner" wherever it appears and
substituting "director" .
Section 44 (1) is amended
(
a) in paragraph (
a) by striking out "commissioner" and
substituting "director" , and
(
b) in paragraph (
b) by striking out "commissioner" in
both places and substituting "director" .
Section 47 is amended
(
a) in subsections (2) and (3) (
b) by striking out
"commissioner" wherever it appears and substituting
"director" , and
(
b) in subsection (7) (
a) and (
b) by striking out
"commissioner" and substituting "director" .
Section 51 is amended by striking out "commissioner" in
both places and substituting "director" .
Section 58 is amended
(
a) in subsection (1) (
c) and (
d) by striking out
"commissioner" and substituting "director" , and
(
b) in subsection (3) by striking out "commissioner" wherever
it appears and substituting "director" .
Section 84 is amended
(
a) in subsection (1) by striking out "division head, or an officer
of the division designated by the division head," and substituting
"commission" , and
(
b) in subsection (2) by striking out "minister" and
substituting "commission" .
42 Sections 87 and 92 are amended by striking out "division
head" and substituting "commission" and by striking out
"he or she is" .
Section 93 is amended
(
a) in subsection (1) by striking out "division head or a person
authorized by the division head to do so may, in his or her discretion, grant," and
substituting "commission may grant," , and
(
b) in subsection (2) by striking out "division head" and
substituting "commission" .
Section 94 is amended
(
a) in subsection (1) (
a) and (
b) by striking out "division
head" and substituting "commission" , and
(
b) by repealing subsection (2) and substituting the following:
(2) The commission must keep a record of each transfer to which it has given consent.
Section 96 is amended
(
a) in subsection (1) by striking out "Lieutenant Governor in
Council" in both places and substituting "commission" ,
(
b) by repealing subsection (1) (a),
(
c) in subsection (1) (d), (
i) and (
l) by striking out
"division" wherever it appears and substituting
"commission" ,
(
d) in subsection (1) by repealing paragraphs (t), (
v) and (w), and
(
e) by repealing subsection (2) and substituting the following:
(2) A regulation or order made under this
section may provide that employees of the
commission designated by it may exempt in writing a person from the application of all or
part of the regulation or order, in relation to a particular site or installation and
subject to specified conditions.
Section 101 is amended by striking out "an officer of the
division may take the means that may appear to the officer" and substituting
"the commission may take the means it considers" .
Section 102 is repealed and the following substituted:
Discontinuance of operations
(1) If the commission is satisfied, after an inquiry held on the notice and
to the persons it believes proper, that a well is being operated in a way that contravenes
this Act, the regulations or an order made under this Act, the commission may order that
on and after a date to be set by the order no production is to be permitted from the well
and that it is to be shut in and kept shut in until the commission orders to the contrary.
(2) If the commission believes waste, damage to property or pollution can be prevented,
the commission may order the well to be shut down pending the inquiry, which must be held
within 15 days after the order.
(3) If it appears to the commission that a method or practice being employed in a
drilling, completion, suspension, abandonment or production operation is in any way
inadequate, improper or hazardous, the commission may order orally, confirmed by a note in
the daily drilling report book, that the operation be discontinued until methods approved
by the commission are adopted.
Section 103 (1) is amended by striking out "division head may
prescribe" and substituting "commission may prescribe" .
Section 106 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Without restricting
section 105, if the commission considers that the control of a
well or any completion, suspension or abandonment is not in accordance with the
commission's order, direction or requirement, any person authorized by the commissioner
has access to and may enter the well site or any structures and do whatever the commission
believes necessary because of the failure to comply with the order, direction or
requirement. , and
(
b) in subsections (2) and (4) by striking out "minister" wherever
it appears and substituting "commission" .
Section 109 is amended
(
a) in subsection (1) by striking out "minister" wherever
it appears and substituting "commission" ,
(
b) by repealing subsection (2) and substituting the following:
(2) On the commission taking possession of a well and so long as that possession
continues, every officer and employee of the owner of the well, agent or contractor must
obey the orders concerning the well given by the commission, or by a person placed in
charge or control of the well. ,
(
c) by repealing subsection (4) and substituting the following:
(4) The costs and expenses of and incidental to proceedings taken under this
section
are in the discretion of the minister, who, after consulting with the commission, may
direct by whom and to what extent the costs are to be paid. , and
(
d) by repealing subsection (5) (
a) and substituting the following:
(
a) all costs and expenses of and incidental to the proceedings taken under this
section, including the costs and expenses of the commission's management, operation and
control of the well, and .
Section 116 is repealed and the following substituted:
Notification of work
116 A person must not begin geological or geophysical work until the person has
notified the commission of the person's intention to do so.
Section 118 is amended by striking out "commissioner." and
substituting "commission." .
Section 123 (1) is amended by striking out "An officer of the
division, authorized by the minister," and substituting "The
commission" and by striking out "his or her" and
substituting "its" .
Section 132 (
a) is repealed.
Section 133 (2) is amended by adding the following paragraphs:
(
p) prescribe fees for
(
i) name changes and other required purposes,
(ii) under
Part 4, applications for approvals to undertake geophysical exploration,
(iii) under
Part 14, applications or classes of applications,
(iv) under
Part 14, licences or leases or classes of licences or leases, and
(
v) a provision of this Act that refers to a fee or a prescribed fee;
(
q) prescribe annual fees for well authorizations issued under
Part 12, payable by the
holders of the well authorizations;
(
r) make regulations specifying other than normal spacing areas in any field, pool or
other area;
(
s) make regulations for the unitization of a pool or field for drilling and producing;
(
t) prescribe the amount and disposition of drilling or other deposits required under
this Act;
(
u) make regulations respecting
(
i) the designation under
section 8 of portions of Crown land for development roads,
and
(ii) the layout, design, construction, operation, use, maintenance and deactivation of
development roads or classes of development roads.
Section 135 is amended by adding "or the commission, depending on
which of them is authorized under this Act to issue the permit, licence or lease," after
"the minister" .
Section 136 is amended by adding "or the commission" after
"the minister" and by adding "or the commission's" after
"the minister's" .
58 The following
section is added:
Regulations Act applies
137 The Regulations Act applies to regulations under this Act that are
made by the commission.
Pipeline Act
Section 1 of the Pipeline Act, R.S.B.C. 1996, c. 364, is amended by adding the
following definition:
"commission" means the commission established under
section 2 of the Oil
and Gas Commission Act; .
Section 2 is amended by repealing subsections (2) and (4) and substituting the
following:
(2) The commission may issue a certificate declaring that provisions of this Act
designated in the certificate apply to a company.
(4) A company must not operate a pipeline in British Columbia without the consent in
writing of the commission and subject to the conditions the commission imposes.
61 Sections 3 to7, 9 (2), 12 (1) to (3), 13 (1) and (2), 14, 15 (2) and (3), 20
(2), 28 (1) and (4), 30 (1) to (3), 31 (1) and (2), 32, 33 (1) and (2), 36, 38 (2) (
d) and
(3) (
b) and 39 (2), (3) and (4), are amended by striking out "minister" wherever
it appears and substituting "commission" .
62 Sections 9 (1), 15 (1), 18 (1), 19, 27 and 39 (2) are amended by striking out
"minister's" and substituting "commission's" .
Section 10 is amended by repealing paragraphs (
a) and (
b) and substituting the
following:
(
a) the commission has issued a certificate granting the company leave to construct the
line, and
(
b) the plan, profile and book of reference of the
section or part of the proposed line
have been approved by the commission.
Section 11 is amended
(
a) in subsections (1), (2), (4) and (6) by striking out
"minister" wherever it appears and substituting
"commission" , and
(
b) in subsection (5) by striking out "minister's" and
substituting "commission's" .
Section 17 is amended
(
a) in subsection (3) by striking out "The minister may in the
minister's discretion" and substituting "The commission may" ,
and
(
b) in subsection (4) by striking out "minister." in both
places and substituting "commission." .
Section 22 is amended
(
a) in subsection (1) by adding "of the commission" after
"regulations" , and
(
b) in subsection (2) by striking out "minister" and
substituting "commission" .
Section 35 (2) is amended by adding the following paragraph:
(
d) prescribing an annual fee to be paid by a company described in paragraph (
c) in
respect of the operations of its pipeline referred to in that paragraph.
Section 37 is amended
(
a) in subsections (1) and (2) by striking out "minister" and
substituting "commission" , and
(
b) by adding the following subsection:
(3) The Regulations Act applies to regulations under this Act that are made by
the commission.
Section 52 (2) (
a) is amended by striking out "commission" and
substituting "British Columbia Utilities Commission" .
Utilities Commission Act
Section 65 of the Utilities Commission Act, R.S.B.C. 1996, c. 473 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) On application by a party that uses or seeks to use facilities operated by a person
declared to be a common carrier by the Oil and Gas Commission, the British Columbia
Utilities Commission, by order and after a hearing, notice of which has been given to all
persons the latter commission believes may be affected, may establish the conditions under
which the common carrier must accept and carry the crude oil, natural gas or natural gas
liquids.
(1.1) On application by an interested party and after a hearing, notice of which has
been given to all persons the British Columbia Utilities Commission believes may be
affected, that commission,
(
a) may issue an order, to be effective on a date determined by it, declaring a person
to be a common carrier with respect to the operation of a pipeline for the transportation
of a type of energy resource prescribed by the Lieutenant Governor in Council, other than
crude oil, natural gas and natural gas liquids, and
(
b) in the order, may establish the conditions under which the common carrier must
accept and carry that energy resource.
(1.2) The effective date of an order of the British Columbia Utilities Commission under
subsection (1) is the date determined by the Oil and Gas Commission under the Oil and
Gas Commission Act. , and
(
b) by repealing subsection (6).
Section 66 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) On application by a party whose crude oil, natural gas or natural gas liquids is,
or will be, purchased by a person designated as a common purchaser by the Oil and Gas
Commission, the British Columbia Utilities Commission, by order and after a hearing,
notice of which has been given to all persons the latter commission believes may be
affected, may establish the conditions under which the common purchaser must purchase the
crude oil, natural gas or natural gas liquids.
(1.1) The effective date of an order of the British Columbia Utilities Commission under
subsection (1) is the date determined by the Oil and Gas Commission under the Oil and
Gas Commission Act. , and
(
b) by repealing subsection (3).
Section 67 (1) is repealed and the following substituted:
(1) On application by a party that uses or seeks to use facilities operated by a person
declared to be a common processor by the Oil and Gas Commission, the British Columbia
Utilities Commission, by order and after a hearing, notice of which has been given to all
persons the latter commission believes may be affected, may establish the conditions under
which the common processor must accept and process natural gas.
(1.1) The effective date of an order of the British Columbia Utilities Commission under
subsection (1) is the date determined by the Oil and Gas Commission under the Oil and
Gas Commission Act.
Commencement
73 This Act comes into force by regulation of the Lieutenant Governor in
Council.
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Queen's Printer, Victoria, British Columbia, Canada