Broadening the Scope: Shifting from “Oil and Gas” to “Energy Resource Activities”

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On August 25, 2023, the British Columbia Energy Regulator (BCER) issued a regulatory order under the Oil and Gas Activities Act and the Geothermal Resources Act, designated as B.C. Reg. 202/2023. This order introduces numerous amendments to existing regulations, effective September 1, 2023, aiming to update terminology and regulatory processes to reflect the evolving landscape of energy resource activities in the province. Specifically, the regulation amends twelve existing regulations related to energy resource activities. The amendments primarily focus on substituting the term “Oil and Gas Activities Act” with “Energy Resource Activities Act,” which broadens the governance scope to encompass various energy resources beyond traditional oil and gas. Additionally, terms like “commission” are replaced with “regulator,” reinforcing the role of the BCER.

Beginning with the Dormancy and Shutdown Regulation (B.C. Reg. 112/2019), where the term “local Indigenous nation” is redefined to replace “commission” with “regulator,” and sections referring to “oil and gas road” are updated to “energy resource road,” thereby expanding the terminology to include all energy-related infrastructure. In the Drilling and Production Regulation (B.C. Reg. 282/2010), the definition of “qualified professional” is revised to transition from the Engineers and Geoscientists Act to the Professional Governance Act, while various sections replace “oil and gas activity” with “energy resource activity,” broadening the regulation’s applicability.

Similar updates occur in the Emergency Management Regulation (B.C. Reg. 217/2017), enhancing clarity regarding emergency planning related to energy resource activities. The Fee, Levy, and Security Regulation (B.C. Reg. 8/2014) also sees changes, redefining financial obligations associated with “energy resource activities,” thus broadening the fiscal responsibilities for industry operators. Other amendments include the Geophysical Exploration Regulation (B.C. Reg. 280/2010), which continues the trend of updating the regulatory framework, and the Geothermal Operations Regulation (B.C. Reg. 79/2017), which ensures consistency in references to regulatory authority and operational activities.

The Liquefied Natural Gas Facility Regulation (B.C. Reg. 146/2014) aligns its definitions with a broader category of energy resources, including LNG and other potential fuels. The Oil and Gas Processing Facility Regulation (B.C. Reg. 48/2021) emphasizes energy resource management rather than focusing solely on oil and gas. The Oil and Gas Road Regulation (B.C. Reg. 56/2013) is renamed to “Energy Resource Road Regulation,” marking a pivotal shift in regulatory language. The Pipeline Regulation (B.C. Reg. 281/2010) sees amended definitions that enhance the regulatory framework for pipeline infrastructure supporting diverse energy resources. Changes to the Requirements for Consultation and Notification Regulation (B.C. Reg. 50/2021) ensure that all energy resource activities align with the new regulatory framework for community consultation.

By broadening definitions and terminology, the BCER aims to create a more inclusive and flexible regulatory framework that reflects the diverse nature of energy resource development in the province.

British Columbia (202/2023) August 28, 2023