Inspections

Our inspection teams visits the various oil and gas sites across the Province and compare what they find to what is required by regulation or permit conditions. Where inspections identify an area of concern, the permit holder is notified of the deficiency. This may result in Enforcement Action if not corrected.

The findings of these inspections are posted regularly.

Tickets

The Regulator has regulatory responsibility and can issue tickets under the authority of various provincial acts, including the Water Sustainability Act and the Environmental Management Act.

Warnings

In some circumstances, the Regulator may issue a warning in response to a non-compliance. Warning Letters record the non-compliance and warn of a possible escalated enforcement response if the non-compliance continues.

Warning Letter

Orders

The Regulator can issue orders for activities and obligations under the Act to mitigate a risk to public safety, protect the environment, or to promote the conservation of petroleum and natural resources. The order specifies what action must be taken, stopped or modified by the permit holder and includes the date by which they must comply.

If a permit holder is unable or unwilling to comply with the requirements of the original Order (Section 49), the Regulator may complete the work on its behalf and bill the permit holder for the costs. This is done through issuance of a specific order (Section 50(1)) allowing the Regulator to take over the requirements and legally restricting the permit holder from conducting the work.

Enforcement Order

Contravention Decisions

After an investigation, the Regulator may make a finding of contravention and may impose an administrative penalty. The decision may be reviewed or appealed by the non-compliant party.

Contravention Decision

Reviews and Appeals

Once an order, contravention determination, and/or administrative penalty has been imposed, there is a right to request a review or an appeal of a contravention decision. Requests for review or appeal must be made in writing within 30 days of receiving notification of decision and must identify the grounds upon which the review or appeal is being requested.

A person cannot request both a review and appeal at the same time. Review requests are submitted to the Regulator to a designated official who then reviews the decision and determines whether to uphold, vary or rescind the previous decision. Appeals are submitted and managed through the Oil and Gas Appeal Tribunal (OGAT), a specialized quasi-judicial agency established under OGAA. OGAT members hold an oral or written hearing to allow parties to present their evidence and then issue a written decision. OGAT decisions are summarized and made available online.

Enforcement Actions issued by the Regulator prior to April 1, 2017 are available as quarterly summary reports.

Questions regarding Regulator enforcement actions may be directed to C&E@bc-er.ca.

Annual Compliance Plan Reports