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Ministry of Energy, Mines and Pertoleum Resources

EMD00-06

TITLES DIVISION

SUBJECT: Miscellaneous Amendments to the Petroleum and Natural Gas Act

Amendments were made to the Petroleum and Natural Gas Act (Act), through the Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000, Bill 12 - 2000, and the Miscellaneous Statutes Amendment Act (No. 2), 2000, Bill 24 - 2000, passed in the Spring 2000 session of the Legislature. Appropriate sections of the Bills were brought into force by regulation on November 24, 2000, resulting in the following changes to the Act:

  • Section 1 - The definition of "geophysical exploration" is amended to
    clearly exclude survey activity conducted in a well such as the use
    of geophysical well logs and vertical seismic profile surveys.
  • Section 9 is amended to clarify that a liability to pay compensation
    to a land owner for losses or damages incurred by an entry,
    occupation or use of land includes activities which do not require a
    Certificate of Restoration, such as geophysical surveys. If the
    activity requires a Certificate of Restoration, the liability ends on the
    date of the Certificate.
  • Section 16 is amended to clarify that, if an application is made to
    the Mediation and Arbitration Board for an order which might affect
    Crown land, both the Commission and the Minister responsible for
    the Land Act must be informed, and to clarify that the jurisdiction of
    the Board does not include geophysical exploration.
  • Section 24 is amended to simplify an appeal of a Mediation and
    Arbitration Board order by eliminating the reference to an appeal
    procedure by way of stated case under the rules of the Offence Act.
  • Sections 84 and 104 are amended to correct inadvertent omissions
    from the consequential amendments of an amendment to the Waste
    Management Act
    in 1996, and of the Oil and Gas Commission Act
    in 1998.
  • Sections 96 and 133 are amended to clarify that the
    regulation-making powers encompass natural gas processing,
    sulphur production, establishment or adoption of standards or
    procedures, and the prevention of pollution of land and air, as well
    as water.
  • Section 107 is amended to clarify that spillage includes natural gas
    or other substances escaping, leaking or spilling from a well, flow
    line or production facility.
  • Section 114 is amended to grant the authority to enter into
    unitization agreements with the minister, rather than the Lieutenant
    Governor in Council.

The amendments will remove ambiguities from the Act and correct some omissions. They will enhance the ability of the Ministry and the Commission to interpret and administer the Act fairly and consistently.  Industry will benefit from more transparent, streamlined, and consistent regulatory processes.

Copies of the Bills may be obtained from Crown Publications at (250) 386-4636, Fax (250) 386-0221, Email at: crown@pinc.com.

For further information, contact:

Ken Kadonaga
Director, Regulatory Affairs
Oil and Gas Commission
PO Box 9329, Stn Prov Gov't
Victoria, BC   V8W 9N3
Telephone:  (250) 952-0319
Facsimile:  (250) 952-0301  

Gerald German
Executive Director
Titles Division
Ministry of Energy and Mines
PO Box 9326, Stn Prov Gov't
Victoria, BC   V8W 9N3
Telephone:  (250) 952-0334
Facsimile:  (250) 952-0331

Endorsed by the
Assistant Deputy Minister