When the permit holder of an oil and gas site is deemed insolvent or is unable to be located, the site may be designated an orphan by the BC Energy Regulator (BCER). The BCER is then authorized to assume management of the site, taking over its maintenance, safety and restoration.
The permit holder is responsible for paying the annual surface rentals. Should payment(s) stop, the landowner will need to make an application to the Surface Rights Board (SRB), using the appropriate form. Should the application be approved by the SRB, the landowner can provide the order to the permit holder for payment. It is important to apply to the SRB to establish documentation of missed surface rental payments. This will provide the BCER with evidence should the related site(s) be designated an orphan in the future.
All sites designated an Orphan will be managed by the BCER and financed via the Orphan Site Restoration Fund (OSRF), a levy on industry. While the BCER does have authority under ERAA to enter onto your land to complete decommissioning and restoration works, the intention is to do so in a manner respecting both you and your use of the land while ensuring the ongoing protection of public safety and the environment.
Once a site has been designated an orphan, the landowner, under section 46 of ERAA, can apply directly to the BCER to be compensated for annual and owed surface rentals. Apply using the Application for Compensation and the Assignment of Rights to Overdue Payments (also provided below).
If you are uncertain if your site is an orphan, you can search the Orphan Site Map, or email orphanrestoration@bc-er.ca. Please include known site information such as well name, location, and/or the legal description of the land parcel.
Resources
For additional information, please see the Orphan Site Management Frequently Asked Questions (after clicking the link, scroll down the page).