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B.C. Reg. 39/2017
O.C. 61/2017
Deposited February 20, 2017
effective March 31, 2017
This consolidation is current to August 15, 2019.

Geothermal Resources Act

Geothermal Resources General Regulation

Contents
1Definitions
2Permits
3Geothermal exploration
4Multiple locations
5Excess work
6Payment in place of work
7Permit renewal
8Leases
9Development of a geothermal resource
10Samples and cores
11Release of information
12Environmental Protection and Management Regulation

Definitions

1   In this regulation:

"Act" means the Geothermal Resources Act;

"core lab" means the facility for the storage and examination of well samples and cores;

"geothermal reports" means geothermal exploration summaries, geological reports and geothermal resource estimates, but does not include well reports and well data;

"qualified person" means a person who is registered as an engineer or geologist with the Association of Professional Engineers and Geoscientists of British Columbia;

"well reports and well data" means information obtained from a geothermal well, including unprocessed and processed log data, dipmeter surveys, directional surveys, drill stem test data and analyses, wire line data, pressure-volume-temperature and flow test data and analyses, completion information, geological information, drilling depths, casing and cementing information, well status, fluid sample or analysis data, drill cuttings and any analysis and description of the drill cuttings and cores, but does not include geothermal reports.

Permits

2   (1) The fee for the issue or renewal of a permit is $500.

(2) The yearly rent for a permit is $500.

Geothermal exploration

3   (1) The prescribed value of the geothermal exploration on a location required under section 7 (1) of the Act is

(a) in the first year, $5/ha,

(b) in the second year, $7.50/ha,

(c) in the third year, $10/ha,

(d) in the fourth year, $12/ha,

(e) in the fifth year, $14/ha,

(f) in the sixth year, $17/ha,

(g) in the seventh year, $20/ha, and

(h) in the eighth year, $25/ha.

(2) With the approval of the minister, a permittee may attribute to a location for which the permittee holds a permit work that was done on an area for which the permittee does not hold a permit.

Multiple locations

4   If a permittee

(a) holds permits for several locations, and

(b) has during any year done on one or more of the locations work to a value greater than is required by section 3,

the permittee may apply to the minister to apportion the excess value among the other locations and, if the minister approves, work to that value is deemed to have been done on those other locations in that year.

Excess work

5   If a permittee

(a) has, in any year, done more work on a location than is required under section 3, and

(b) has not applied, under section 4, to attribute the value of the excess work to other locations or, after apportionment under section 4, there is still excess work,

the permittee may apply the excess work to the applicable location for either of the two years immediately following the year the work was done.

Payment in place of work

6   A permittee who has not done the work required under section 3 may, with the approval of the minister, satisfy that requirement by

(a) paying to the minister an amount equal to the value of the work not done, or

(b) submitting to the minister a written undertaking to do next year the work not done, together with the work required to be done for the next year.

Permit renewal

7   (1) Subject to subsection (2), a permittee may apply to the minister to renew a permit by submitting the following before the permit expires:

(a) the renewal fee and rent for the permit for the next year;

(b) a statement signed by a qualified person setting out the expenditures of work done;

(c) a geothermal report respecting the work completed during the previous year;

(d) any other information required by the minister.

(2) If a person fails to submit an application under subsection (1) before the expiry of the permit, the person may, within 2 months from the date of the expiry, submit an application under subsection (1) but the application must also include the applicable of the following penalties:

(a) $100, if the application is received by the minister not more than 10 days after the expiry;

(b) $500, if the application is received by the minister more than 10 days after the expiry.

(3) The minister may approve or decline to approve an application under subsection (1).

Leases

8   (1) The fee for the issue or renewal of a lease is $200.

(2) The yearly rent for a lease is $10/ha.

Development of a geothermal resource

9   (1) The minister may, on application by a permittee, approve a program to develop a geothermal resource.

(2) An application under subsection (1) must include

(a) a geothermal report that includes an assessment of hydrological, geothermal and geological conditions in the reservoir, and

(b) any other information required by the minister.

Samples and cores

10   A permittee must prepare and deliver to the core lab, within 30 days of the release of the drilling rig, samples and cores taken from the well.

Release of information

11   (1) Subject to this section, geothermal reports and well reports and well data that are received by the ministry and the commission in the course of the administration of the Act must be held confidential by the ministry and the commission.

(2) Geothermal reports must be released from confidential status 2 years after the date of termination of the permit or 5 years after the date the permit is converted to a lease.

(3) Well reports and well data must be released from confidential status 2 years after the date of release of the drilling rig for that well.

(4) Samples and cores that are taken from a well must be released from confidential status 2 years after the date of release of the drilling rig for that well.

(5) The following information must be made available to the public at all times during business hours:

(a) well applications, well locations, ground elevation and drilling status of a well;

(b) permits, leases and locations.

(6) Geothermal reports and well reports and well data may be released from confidential status

(a) if, for any reason, the rights to the well have reverted to the Crown, or

(b) with the concurrence of the person who submitted the information to the ministry or commission.

(7) Geothermal reports and well reports and well data may be made available by the ministry or the commission to the government of Canada or an agency of the government of Canada if that government or agency gives adequate assurance that the information will be kept in confidence within that government or agency.

(8) The Lieutenant Governor in Council may release, or order the commission to release, geothermal reports or well reports and well data at any time if the Lieutenant Governor in Council considers it in the public interest to do so.

Environmental Protection and Management Regulation

12   (1) In this section, "the applied regulation" means the Environmental Protection and Management Regulation, B.C. Reg. 200/2010, other than section 8.1.

(2) The applied regulation applies to a permittee and lessee with the modifications set out in this section.

(3) A reference in the applied regulation to the Act must be read as if it were a reference to the Geothermal Resources Act.

(4) Section 1 (1) of the applied regulation is modified by adding the following definition:

"geothermal activity" means

(a) geophysical exploration,

(b) the exploration for and development of geothermal resources,

(c) the production, gathering, processing and storage of geothermal resources, and

(d) the construction of a facility.

(5) Section 1 (1) of the applied regulation is modified by deleting the definitions of "oil and gas activity" and "oil and gas road".

(6) Section 1 (1) of the applied regulation is modified by deleting the definition of "road right of way" and substituting the following:

"road right of way" means

(a) the area that is shown or described in an authorization to construct a road for the purposes of geothermal activity as the road corridor within which the road may be constructed or modified, or

(b) if the authorization does not show or describe the area within which the road may be constructed or modified, the area 17.5 m of either side of the centre line of the road.

(7) A reference in the applied regulation to oil and gas activity must be read as a reference to geothermal activity and a reference in the applied regulation to oil and gas activities must be read as a reference to geothermal activities.

(8) Sections 4, 5 and 6 of the applied regulation are modified by deleting "are prescribed for the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act:" and substituting "are government's environmental objectives for the purposes of section 8 of this regulation:".

(9) Section 7 of the applied regulation is modified by deleting "the definition of "government's environmental objectives" in section 1 (2) of the Act, the following objectives are prescribed:" and substituting "section 8 of this regulation, the following government's environmental objectives are set out:".

(10) Section 8 of the applied regulation is modified by deleting section 8 and substituting the following:

 Criterion
 8In deciding whether to issue a well authorization under section 12 of the Act, the commission must consider whether the issuance of the well authorization is consistent with the government's environmental objectives set out in Division 1 of this Part.

[Provisions relevant to the enactment of this regulation: Geothermal Resources Act, R.S.B.C. 1996, c. 171, section 24]