Effective Feb. 27, 2026, the Water Sustainability Regulation (WSR) was amended to include a new exemption from section 6(1) of the Water Sustainability Act for the diversion of water used for the construction and maintenance of ice roads associated with the restoration of energy resource activities. The exemption was enacted as part of B.C. Reg. 18/2026 through Order in Council 55-2026 and will be consolidated into the WSR in due course. Under this exemption, an authorization is no longer required for these water diversions. This change is intended to support timely access to remote sites for restoration-related activities, thereby helping to mitigate adverse environmental impacts and support ecological recovery.

The ice road exemption is subject to the general exemption rules set out in Part 2, Division 4 of the WSR, as well as the specific conditions in section 34.31 of B.C. Reg. 18/2026, including:

• Water diverted under the exemption must only be used to construct or maintain ice roads;
• The ice roads must be located within the Northeast regional economic zone;
• The construction or maintenance of the ice road is required to be in support of restoration activities;
• The ice road must not be maintained after May 1.

In addition, persons diverting water under the exemption are subject to the following record-keeping requirements:

• Recording the source of the water being diverted (e.g., stream, lake, freshwater reservoir or dam);
• Recording the geographic location from which water is diverted, such as coordinates of the Point of Diversion (POD);
• Recording the volume and rate of water diversion; and
• Recording the details of how activities carried out under the exemption adhere to all the “Rules for exemptions” in the WSR.

Records must also include documentation of how potential effects on Environmental Flow Needs (EFN) at the POD and/or any hydraulically connected lake, stream or aquifer were considered. To support this assessment, it must be demonstrated that diversion activities did not reduce stream depth below 30 cm or contribute to more than 10 cm of drawdown in lakes, consistent with best management practices applied under water authorizations. These criteria provide a minimum benchmark to help ensure water diversions do not pose a risk of significant harm to fish, wildlife or aquatic ecosystems associated with the POD.

These records must be retained for at least three years following the end of the diversion period and must be made available to the BC Energy Regulator (BCER) upon request.

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Other Regulatory Amendments

The ice road exemption described above is part of a broader suite of amendments to the Water Sustainability Regulation and Riparian Areas Protection Regulation enacted on Feb. 27, 2026, to support efficient and transparent natural resource permitting, while ensuring appropriate and effective oversight. Guidance to support implementation of the remaining amendments, including the new framework for construction dewatering, is currently under development by the BCER and will be communicated once finalized, along with instructions on any associated updates to BCER application systems.

If you have any questions regarding this Technical Update, please contact:

Norberto Pancera
Director, Authorizations
BC Energy Regulator
norberto.pancera@bc-er.ca
250-794-5238