On June 16, 2023, British Columbia implemented B.C. Reg. 146/2023, a regulatory framework under the Oil and Gas Activities Act designed to enforce the Blueberry River First Nations Implementation Agreement. This regulation is based on a collaborative effort between the provincial government and the Blueberry River First Nations, formalized in an agreement dated January 18, 2023.

The regulation mandates that the British Columbia Energy Regulator (BCER) align its operations and decision-making with the principles set forth in the agreement. This includes referencing key articles pertaining to ongoing collaboration and operational responsibilities, ensuring that regulatory practices support the objectives of the agreement.

A notable feature of the regulation is the establishment of “disturbance caps,” which limit the extent of new disturbances that the regulator can authorize. This mechanism is designed to manage environmental impacts effectively, prohibiting the issuance of permits that exceed these caps, which are administered according to specific guidelines outlined in the agreement. Additionally, the regulation reserves 110 hectares of disturbance caps for particular applications listed in Schedule 1 for the 2023 calendar year, thereby providing a structured approach to land use.

The regulation also introduces stringent protections for designated high-value areas (HV1A, HV1B, and HV1C). Permits for oil and gas activities in these sensitive regions are severely restricted or prohibited, except where activities have been pre-approved by the Blueberry River First Nations or align with specific provisions of the agreement, demonstrating a commitment to safeguarding critical ecological zones.

To enhance environmental protections further, the regulation stipulates that new permits must comply with set-back requirements and access management measures. This includes conditions for seismic lines and pipeline right-of-ways aimed at mitigating environmental disturbances, promoting responsible resource extraction practices.

Additionally, the regulation includes provisions limiting amendments to existing permits that would lead to new disturbances, ensuring compliance with the established regulatory framework. It also allows for certain disturbance-related requirements to be waived by the Blueberry River First Nations, introducing flexibility within agreed parameters.

Accompanying the regulation are several schedules detailing specific applications and provisions concerning disturbance caps and protected areas. Schedule 1 identifies applications reserved for the 2023 calendar year, while Schedule 2 outlines additional applications that may proceed under certain conditions. Schedule 3 provides guidance on managing allocations within disturbance caps, further clarifying operational procedures for the regulator.

British Columbia (146/2023) June 20, 2023