Regulatory exemptions provide flexibility for alternative approaches in specific situations to ensure compliance, safety and protection of the environment.
The BCER’s role is to provide sound regulatory oversight of the energy industry and ensure permit holders comply with provincial legislation. In some cases, the BCER may grant a regulatory exemption, as permitted by law.
Regulatory exemptions are a tool that allow BCER officials to exercise discretion in cases when an alternative approach meets or exceeds the intended regulatory outcome, particularly regarding public safety and environmental protection. Each exemption request undergoes a thorough review by qualified BCER staff. Where appropriate, conditions are applied to ensure equivalent or improved outcomes.
What is a regulatory exemption?
- The authority to waive or exempt a regulated party from specific requirements that may not be suitable for a given situation.
- Granted under specific conditions and on a case-by-case basis, following a thorough technical review.
- Meant to allow flexibility without undermining the overall intent of the regulation.
The ability to grant exemptions is built into legislation. For example, Section 14 of the Pipeline Regulation gives designated BCER officials the authority to “exempt a pipeline permit holder or former pipeline permit holder from complying with one or more provisions of this regulation if the official is satisfied that, in the circumstances, (a) compliance with the provision or provisions is not reasonably practicable, or (b) the exemption is in the public interest.”
Exemptions are not a free pass
- Exemptions are usually temporary, conditional, or subject to review.
- The BCER may revoke them if circumstances change or conditions are not met.
- Alternative requirements may be applied in place of the original rule.
Exemptions are granted only under specific circumstances - such as when an activity doesn’t align with standard requirements or may require an innovative approach to meet compliance. Critically, exemptions are only issued when there is no significant risk to safety, the environment, or the public interest, ensuring the overall purpose of the regulation is upheld.
BCER Exemptions
We are currently posting approved exemptions regarding the following regulations, effective April 24, 2025:
- Emergency Management Regulation
- Pipeline Regulation
- Processing Facilities Regulation
- Security Management Regulation
- Drilling and Production Regulation (fluid storage and facilities)
Each entry in the table below includes the exemption date, the name of the permit holder, and the relevant Act, Regulation, and Section(s) to which the exemption applies. Click on the PDF links for more details about each exemption.
Exemptions
| Name | Exemption Date | Permit Holder | Act | Regulation | Section | Date Posted |
|---|---|---|---|---|---|---|
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Sample Document
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Apr 24, 2025 | Sample | Sample | Sample | Sample | May 16, 2025 |