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"Point in Time" Regulation Content

Oil and Gas Activities Act

Consultation and Notification Regulation

B.C. Reg. 279/2010

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 February 28, 2011
September 26, 2013
July 21, 2014
Section 3 June 3, 2013
September 26, 2013
Section 4 February 28, 2011
November 30, 2017
Section 5 September 26, 2013
Section 6 February 28, 2011
July 21, 2014
October 1, 2014
November 30, 2017
Section 7 February 28, 2011
October 1, 2014
November 30, 2017
Section 8 February 28, 2011
October 1, 2014
November 30, 2017
Section 9 June 3, 2013
Section 11 February 28, 2011
October 1, 2014
Section 12 February 28, 2011
Section 13 February 28, 2011
October 1, 2014
Section 14 February 28, 2011
Part 4 November 25, 2011
Schedule A October 1, 2014
Schedule B February 28, 2011
October 1, 2014
Schedule C October 1, 2014

 Section 1 definition of "rights holder" BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

"rights holder" means a person who holds any of the following rights:

(a) a

(i)  permit under section 14 of the Land Act, or

(ii)  licence under section 39 of the Land Act

under which the person is granted non-intensive occupation or use of the land;

(b) a forestry licence to cut, master licence to cut, road use permit, timber sales licence, tree farm licence or woodlot licence under the Forest Act;

(c) a grazing permit or grazing license under the Range Act;

(d) a guide outfitter's certificate or a registered trapline under the Wildlife Act;

(e) a mineral claim under the Mineral Tenure Act;

(f) a water licence or approval under the Water Act;

 Section 1 definition of "consultation distance" BEFORE amended by BC Reg 204/2013, effective September 26, 2013.

"consultation distance" means a distance, set out in section 6, 7, 8, 9 or 10 and measured in accordance with section 2, from the site of proposed activities, within which an applicant with respect to the proposed activities must carry out consultations in accordance with this regulation;

 Section 1 definition of "highway" BEFORE repealed by BC Reg 204/2013, effective September 26, 2013.

"highway" has the same meaning as in section 1 of the Transportation Act;

 Section 1 definition of "oil and gas road" BEFORE amended by BC Reg 204/2013, effective September 26, 2013.

"oil and gas road" means a road prescribed for the purposes of paragraph (f) of the definition of "oil and gas activity" in section 1 (2) of the Act;

 Section 1 definition of "LNG facility" was added by BC Reg 147/2014, effective July 21, 2014.

 Section 3 (b) (iii) BEFORE amended by BC Reg 56/2013, effective June 3, 2013.

(iii)  in respect of an oil and gas road,

(A)  the operation of the oil and gas road, or

(B)  the use of the oil and gas road for the purpose of carrying out an oil and gas activity other than the construction or operation of an oil and gas road.

 Section 3 (b) (iii) BEFORE amended by BC Reg 204/2013, effective September 26, 2013.

(iii)  the maintenance of an oil and gas road, as defined in the Oil and Gas Road Regulation.

 Section 4 (1) (g) (i) BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

(i)  a notification with respect to the applicant's proposed activities, if the rights holder is not a holder of a tree farm licence, forestry licence to cut or master licence to cut under the Forest Act and the proposed activities are to be carried out on an area subject to a right of the rights holder, as listed in the definition of "rights holder" in section 1, or

 Section 4 (1) (b) (i) (B) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(B) an area identified in an official community plan prepared by the local authority in respect of which a statement and map designation has been made in accordance with section 877 (1) of the Local Government Act;

 Section 5 (2) (a) and (b) BEFORE amended by BC Reg 204/2013, effective September 26, 2013.

(a) must comply with section 4 by providing to the person or other entity referred to in that section with a notification or an invitation to consult with respect to the proposed activities, as revised, if the applicant did not previously provide the person or entity with a notification or invitation to consult with respect to the proposed activities, and

(b) may comply with section 4 by providing to the person or other entity referred to in that section with a notification or an invitation to consult only with respect to the revision, if the applicant previously provided the person or entity with a notification or invitation to consult with respect to the proposed activities.

 Section 6 (1) (b) BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

(b) process petroleum, natural gas or both,

 Section 6 (2) (b) BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

(b) will process, compress or pump petroleum, natural gas or both,

 Section 6 (1) (a) (i) BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

(i) a processing plant or pump station that is to be located in a facility area or wellsite, or

 Section 6 (2) BEFORE amended by BC Reg 147/2014, effective July 21, 2014.

(2) For proposed activities that

(a) include the use of a facility that is

(i) a processing plant or pump station that is to be located in a facility area or wellsite, or

(ii) a compressor station, other than a compressor station that is to be on a wellsite and that

(A) is not to be a permanent, fixed structure, or

(B) is to service only natural gas originating from wells located on the wellsite, and

(b) will process, compress or pump petroleum, natural gas or both, or water,

the notification distance and the consultation distances are both the larger of 3 300 m and the distance determined in accordance with Schedule A.

 Section 6 (3) was added by BC Reg 147/2014, effective July 21, 2014.

 Section 6 (1) (c), (d) and (e) BEFORE amended by BC Reg 204/2013, effective October 1, 2014.

(c) if one facility is proposed and the proposed facility area or wellsite is less than 5 hectares,

(i) the notification distance is the larger of 1 500 m and the distance determined in accordance with Schedule A, and

(ii) the consultation distance is the larger of 1 000 m and the distance determined in accordance with Schedule A;

(d) if one facility is proposed and the proposed facility area or wellsite is 5 hectares or more

(i) the notification distance is the larger of 1 800 m and the distance determined in accordance with Schedule A, and

(ii) the consultation distance is the larger of 1 300 m and the distance determined in accordance with Schedule A;

(e) if more than one facility is proposed and the proposed facility area or wellsite is 5 hectares or more,

(i) the notification distance is the larger of 1 800 m and the distance determined in accordance with Schedule A, and

(ii) the consultation distance is the larger of 1 300 m and the distance determined in accordance with Schedule A.

 Section 6 (1) (c) (i) and (ii) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(i) the notification distance is the larger of 1 500 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation, and

(ii) the consultation distance is the larger of 1 000 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation;

 Section 6 (1) (d) (i) and (ii) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(i) the notification distance is the larger of 1 800 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation, and

(ii) the consultation distance is the larger of 1 300 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation;

 Section 6 (1) (e) (i) and (ii) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(i) the notification distance is the larger of 1 800 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation, and

(ii) the consultation distance is the larger of 1 300 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation.

 Section 6 (2) (part) and (3) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(2) both the notification distance and the consultation distance are the larger of 3 300 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation.

(3) For proposed activities that include the use of an LNG facility, both the notification distance and the consultation distance are the larger of 3 300 m and the distance determined in accordance with Schedule A of the Emergency Management Regulation.

 Section 7 BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

 Notification and consultation distance for wells

7  Subject to section 6, for proposed activities that include the use of a well for producing petroleum, natural gas or both, the notification distance and the consultation distance is as follows:

(a) if fewer than 9 wells are proposed and the wellsite on which the wells are to be located is less than 5 hectares,

(i)  the notification distance for the proposed activities is the larger of 1 500 m and the distance determined in accordance with Schedule B, and

(ii)  the consultation distance for the proposed activities is the larger of 1000 m and the distance determined in accordance with Schedule B;

(b) if 9 or more wells are proposed or the wellsite on which the wells are to be located is 5 hectares or more,

(i)  the notification distance for the proposed activities is the larger of 1 800 m and the distance determined in accordance with Schedule B, and

(ii)  the consultation distance for the proposed activities is the larger of 1 300 m and the distance determined in accordance with Schedule B.

 Section 7 (a) and (b) BEFORE amended by BC Reg 204/2013, effective October 1, 2014.

(a) if fewer than 9 wells are proposed and the wellsite on which the wells are to be located is less than 5 hectares,

(i) the notification distance for the proposed activities is the larger of 1 500 m and the distance determined in accordance with Schedule B, and

(ii) the consultation distance for the proposed activities is the larger of 1000 m and the distance determined in accordance with Schedule B;

(b) if 9 or more wells are proposed or the wellsite on which the wells are to be located is 5 hectares or more,

(i) the notification distance for the proposed activities is the larger of 1 800 m and the distance determined in accordance with Schedule B, and

(ii) the consultation distance for the proposed activities is the larger of 1 300 m and the distance determined in accordance with Schedule B.

 Section 7 (a) (i) and (ii) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(i) the notification distance for the proposed activities is the larger of 1 500 m and the distance determined in accordance with Schedule B of the Emergency Management Regulation, and

(ii) the consultation distance for the proposed activities is the larger of 1 000 m and the distance determined in accordance with Schedule B of the Emergency Management Regulation;

 Section 7 (b) (i) and (ii) BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

(i) the notification distance for the proposed activities is the larger of 1 800 m and the distance determined in accordance with Schedule B of the Emergency Management Regulation, and

(ii) the consultation distance for the proposed activities is the larger of 1 300 m and the distance determined in accordance with Schedule B of the Emergency Management Regulation.

 Section 8 BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

 Notification and consultation distance for pipelines

8  For proposed activities that include the use of a pipeline for transporting petroleum, natural gas, or both, the notification distance and the consultation distance are both the larger of 200 m and the distance determined in accordance with Schedule C.

 Section 8 BEFORE amended by BC Reg 204/2013, effective October 1, 2014.

Notification and consultation distance for pipelines

8   For proposed activities that include the use of a pipeline for transporting petroleum, natural gas, or both, or water, the notification distance and the consultation distance are both the larger of 200 m and the distance determined in accordance with Schedule C.

[am. B.C. Reg. 7/2011, s. 5.]

 Section 8 BEFORE amended by BC Reg 217/2017, effective November 30, 2017.

Notification and consultation distance for pipelines

8   For proposed activities that include the use of a pipeline for transporting petroleum, natural gas, or both, or water, the notification distance and the consultation distance are both the larger of 200 m and the distance determined in accordance with Schedule C of the Emergency Management Regulation.

[am. B.C. Regs. 7/2011, s. 5; 204/2013, App. 2, s. 3.]

 Section 9 BEFORE amended by BC Reg 56/2013, effective June 3, 2013.

 Notification and consultation distance for oil and gas roads

9  The notification distance and consultation distance for the construction or operation of an oil and gas road are both 200 meters.

 Section 11 (g) (i) BEFORE amended by BC Reg 7/2011, effective February 28,2011.

(i)  may provide a written response to the applicant within 21 days of receiving the notice, setting out the reasons why the proposed activities that will be the subject of the applicant's application should not be carried out or should be modified, and

 Section 11 (h) BEFORE repealed by BC Reg 204/2013, effective October 1, 2014.

(h) if the application is in relation to proposed activities that include the use of a facility, well or pipeline, a statement that the applicant will, after obtaining a permit to carry out the proposed activities, provide information respecting the development of an emergency plan for the proposed activities.

 Section 12 (1) BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

(1)  An applicant who, within 21 days of sending a notice under section 4, receives from a person a written response to the notice must provide, as soon as practicable, a written reply to the person.

 Section 12 (3) was added by BC Reg 7/2011, effective February 28, 2011.

 Section 13 (h) (i) BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

(i)  may provide a written response to the applicant, within 21 days of receiving the invitation to consult, that does one or both of the following:

(A)  sets out the reasons why the proposed activities that will be the subject of the applicant's application should not be carried out or should be modified;

(B)  requests a meeting with the applicant to discuss the proposed activities, and

 Section 13 (i) BEFORE repealed by BC Reg 204/2013, effective October 1, 2014.

(i) if the application is in relation to proposed activities that include the use of a facility, well or pipeline, a statement that the applicant will, after obtaining a permit, provide information respecting the development of an emergency plan for the proposed activities.

 Section 14 (1) BEFORE amended by BC Reg 7/2011, effective February 28, 2011.

(1)  An applicant who, within 21 days of sending an invitation to consult under section 4, receives from a person a written response to the invitation must

 Section 14 (3) was added by BC Reg 7/2011, effective February 28, 2011.

 Part 4 BEFORE repealed by BC Reg. 199/2011, effective November 25, 2011.

Part 4 - Service

 Prescribed methods of service

16  (1)  In addition to the methods of service set out in section 79 (1) (a) to (c) of the Act, the following methods of service are prescribed for the service of documents under this regulation on a person who is not a permit holder or authorization holder:

(a) by leaving a copy with an agent of that person;

(b) by sending a copy by ordinary mail or registered mail to the address at which that person resides;

(c) by sending a copy by electronic mail to the electronic mail address provided by that person;

(d) by leaving a copy in a mail box or mail slot for the address at which that person resides;

(e) by attaching a copy to a door or other conspicuous place at the address at which that person resides.

(2)  A document given or served by a method described in subsection (1) is deemed to be received as follows:

(a) if given or served by sending a copy by ordinary or registered mail, on the 5th day after it is mailed;

(b) if given or served by sending a copy by electronic mail, on the 3rd day after it is sent;

(c) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;

(d) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;

(e) if given or served by transmitting a copy by facsimile, on the 3rd day after it is transmitted.

 Schedule A BEFORE repealed by BC Reg 204/2013, effective October 1, 2014.

Schedule A

Facility Distances

(Section 6)

Distances for the purposes of section 6 are determined by reference to the maximum H2S release volume from any pipeline entering or leaving the facility, calculated in accordance with the applicable of the following formulas. The distance for the purposes of section 6 is the distance indicated on the vertical axis of Chart A that corresponds to the release volume indicated on the horizontal axis of the chart, as indicated by the graphline on the chart.

Equations

Gas Pipeline H2S Release Volume

The equation for calculating the maximum potential H2S release volume from a pipeline is as follows:

  2.232 x 10-6D2L(P+101.325)H
V=
  Z(T+273)
where
 V=maximum potential H2S release volume in m3;
 D=internal diameter of pipe in millimetres (mm);
 L=length of pipeline between block valves (km);
 P=licensed maximum operating pressure in kilopascals (kPa);
 H=licensed H2S content (moles/kilomole) for the pipeline;
 Z=compressibility factor at reduced pressure and reduced temperature;
 T=pipeline minimum operating temperature (°C).

Liquid Multiphase Pipeline H2S Release Volume

For sour liquid multiphase pipelines, the volume of H2S is determined by the following equation:

  (GLR x GVF)    
V=
xVp1xH
  1000(GLR + GVF)
where
 V=potential H2S release volume at standard condition (m3);
 GLR=produced gas-liquid ratio at maximum operating pressure (MOP) (m3/m3);
 GVF=ratio of produced gas volume at standard conditions to the volume of gas at MOP (m3/m3);
 Vpl=volume of the pipeline (m3);
 H=licensed H2S content (moles/kilomole) for the pipeline.

Gas Multiphase Pipeline H2S Release Volume

     (GLR x GVF) 
V=0.785x10-6D2L
x H
     (GLR +GVF) 
where
 D=internal diameter of pipe in millimeters (mm);
 L=length of pipe between block valves (km).

 Schedule B BEFORE re-enacted by BC Reg 7/2011, effective February 28, 2011.

Schedule B

Well Distances

(Section 7)

Distances for the purposes of section 7 are determined by reference to potential H2S release rates from a well during drilling or completion. The distance for the purposes of section 7 is the distance indicated on the vertical axis of Chart B that corresponds to the release rate indicated on the horizontal axis of the chart, as indicated by the graphline on the chart.

 Schedule B BEFORE repealed by BC Reg 204/2013, effective October 1, 2014.

Schedule B

[en. B.C. Reg. 7/2011, s. 10.]

Well Distances

(Section 7)

Distances for the purposes of section 7 are determined by reference to potential H2S release rates from a well during either drilling or completion or re-completion operations.

H2S release rates

Drilling operations

H2S release rates during drilling operations must be determined in accordance with the following equation and the notes that follow:

H2S Release rate =H2S% x AOF

8 640 000
where:
AOF = maximum gas rate (m3/d);
H2S% = volume of H2S expressed as a percentage of the total volume of gas.

Notes:

1. For gas wells, if an AOF test has been conducted and value determined for a formation in a well, that value must be used. If an AOF test value has not been determined, a theoretical AOF must be calculated using the following formula:

AOF =Gas Test Rate x Pr2

Pr2 – Pf2
where:
AOF = maximum gas rate (m3/d);
Gas Test Rate = gas flow rate during testing (m3/d);
Pr = reservoir pressure (kPa);
Pf = flowing bottom hole pressure (kPa).

2. For oil wells, the AOF must be calculated using the following formula:

AOF =Oil Test Rate x GOR

[1 – 0.2 x (Pf/Pr) – 0.8 x (Pf/Pr)2
where:
Oil Test Rate = oil flow rate during testing (m3/d);
GOR = gas oil ratio from oil test rate well (m3/m3);
Pr = reservoir pressure (kPa);
Pf = flowing bottom hole pressure (kPa).

3. For a proposed well, the maximum gas rate (AOF) values and maximum H2S concentrations for each H2S-bearing formation must be determined for each of at least 5 wells drilled and tested in an analogous geological area or pool within 5 kilometres of the proposed well.

4. The H2S release rates for all potential H2S-bearing formations in the proposed well must be determined based on the highest AOF and highest H2S concentration for each formation and the sum of the H2S release rates for all the formations that will be open to the well bore during drilling operations.

5. If appropriate data does not exist or is otherwise inadequate, the consultation and notification radius is 3 km from the proposed well or well site.

Completion or re-completion operations

For completion or re-completion operations in an existing well, data from the appropriate formation in the well must be used to determine H2S release rates, but if the appropriate data does not exist or is otherwise inadequate, H2S release rates must determined in accordance with the equations and notes set out above for drilling operations.

Determination of Well Distances

The distance for the purposes of section 7 is the distance indicated on the vertical axis of Chart B that corresponds to the release rate indicated on the horizontal axis of the chart, as indicated by the graphline on the chart.

Chart B: Well Distances for Higher H2S Release Rates

Chart B: Well Distances for Lower H2S Release Rates

 Schedule C BEFORE repealed by BC Reg 204/2013, effective October 1, 2014.

Schedule C

Pipeline Distances

(Section 8)

Distances for the purposes of section 8 are determined by reference to the maximum H2S release volume from the pipeline, calculated in accordance with the applicable of the following formulas. The distance for the purposes of section 8 is the distance indicated on the vertical axis of Chart C that corresponds to the release rate indicated on the horizontal axis of the chart, as indicated by the graphline on the chart.

Pipeline Equations

Gas Pipeline H2S Release Volume

The equation for calculating the maximum potential H2S release volume from a pipeline is as follows:

  2.232 x 10-6D2L(P+101.325)H
V=
  Z(T+273)
where
 V=maximum potential H2S release volume in m3;
 D=internal diameter of pipe in millimetres (mm);
 L=length of pipeline between block valves (km);
 P=licensed maximum operating pressure in kilopascals (kPa);
 H=licensed H2S content (moles/kilomole) for the pipeline;
 Z=compressibility factor at reduced pressure and reduced temperature;
 T=pipeline minimum operating temperature (°C).

Liquid Multiphase Pipeline H2S Release Volume

For sour liquid multiphase pipelines, the volume of H2S is determined by the following equation:

  (GLR x GVF)    
V=
xVp1xH
  1000(GLR + GVF)
where
 V=potential H2S release volume at standard condition (m3);
 GLR=produced gas-liquid ratio at maximum operating pressure (MOP) (m3/m3);
 GVF=ratio of produced gas volume at standard conditions to the volume of gas at MOP (m3/m3);
 Vpl=volume of the pipeline (m3);
 H=licensed H2S content (moles/kilomole) for the pipeline.

Gas Multiphase Pipeline H2S Release Volume

     (GLR x GVF) 
V=0.785x10-6D2L
x H
     (GLR +GVF) 
where
 D=internal diameter of pipe in millimeters (mm);
 L=length of pipe between block valves (km).

Chart C: Pipeline Distances