What is Compliance & Enforcement?

Operators have a legal obligation to meet all legislated requirements. The BC Energy Regulator expects applicants and permit holders to use formal practices in day-to-day operations and comply with the Energy Resource Activities Act (ERAA), the specified enactments and all related regulations.

It is the permit holder’s responsibility to know and uphold any legal responsibilities inside and outside of the BCER’s legislative authority. We audit and inspect permit holder activities and investigate incidents of alleged non-compliance.

When Does Regulatory Compliance Begin?

Regulatory compliance is required before an application is submitted, including consultation and notification of land owners. Operators may seek advice from the BCER and should review all manuals, guidance and regulations for requirements. Once an application is submitted, we review the applications against legislative (legal) requirements, and for environmental and public safety. During detailed project reviews, we can and do require companies to change the application based on First Nations consultations, land owner concerns and/or technical assessment results.

If a permit is issued, the BCER oversees that project throughout its life cycle until the land used is remediated. We work to make sure industry understands, respects and meets or exceeds all the regulations and standards. Industry is encouraged to develop best management practices and we work with industry to share lessons learned and advances in science and technology.

Compliance and Enforcement Officers conduct site inspections, respond to incidents, and address complaints from land owners, First Nations, public and other affected parties.

How Does the BCER Enforce Compliance?

• Compliance is accomplished through proactive monitoring and inspection of permit holder activities, and investigation and enforcement of alleged non-compliances.
• The enforcement process encompasses an array of tools and actions that work to keep activities and operations in compliance with legislation, including the issuance of Orders, findings of contravention, and execution of administrative penalties.
• Inspection results are tracked and shared with permit holders for action. The BCER has authority to order corrective work or even shut down operations not in compliance with the law.
• If a permit holder is found to have a high-risk non-compliance issue, they must respond with an immediate action. If a non-compliance issue is not addressed, we may respond with escalated enforcement action.
• The BCER can issue an Order requiring compliance within a set time period if industry does not comply with the legislation, regulations or requirements set out in permits and authorizations. An Order can also be issued to mitigate a risk to public safety, to protect the environment, or to promote conservation of energy resources.
• If someone fails to comply with an Order issued by the BCER, they can be found in contravention of the legislation and may subject to administrative monetary penalty or may be subject to prosecution in B.C. provincial court.

How Do We Proactively Regulate?

The BCER has the legislative authority to make decisions on proposed energy activities. While we do not set policy, the diverse expertise and experience of our staff provide critical insight at every level of energy development. This knowledge base provides perspective through scientific evidence, guidance, best practices, reports, tools and analysis.

Companies looking to explore, develop, produce, and market energy resources in B.C. must apply to the BCER. We review, assess and make decisions on these applications. This consolidated single-window authority provides not only a one-stop place for energy activities and associated requirements, but a consistent application, decision, regulatory and compliance authority. Stakeholders work with one agency; therefore, the BCER serves the public interest by having an all-encompassing review process for energy activities.