DATE ISSUED: Aug. 13, 2024

EFFECTIVE DATE: Immediately

The Province of British Columbia and Blueberry River First Nations (BRFN) have completed the HV1-C Gundy Complex Plan (the Plan) as required under the BRFN Implementation Agreement. This Plan will support responsible energy resource development within the HV1-C Gundy Complex Plan Area (the Plan Area) while balancing protection of Treaty rights and restoration. The BC Energy Regulator is releasing guidance for the energy industry following the Province’s announcement of the implementation of the Plan.

The Plan will be brought into effect by Treaty 8 Planning and Mitigation Regulation. Information for the energy resource sector, such as the accompanying frequently asked questions, can be found posted on the BCER website. Key features of the Plan include:

• A designated protection zone where New Disturbance is not permitted and is intended to recover the ecological and cultural values identified in the Plan. The protection zone has been designed to meet the minimum 60 per cent protection target within the Plan Area.
• Activities allowed within the protection zone include activities associated with the practice of Treaty Rights, restoration activities and the continuation of existing oil and gas activities. Where active oil and gas activities are co-located within the protection zone, these are categorized as being within the current industry maintenance zone, which is where existing activities can continue to be operated and maintained.
• The development zone consists of the areas set aside for future energy development, including new disturbance resulting from energy activities.

The Plan includes conditions for development of oil and gas activities, which describes how existing and new oil and gas activity may be carried out within the Plan Area. These conditions for development are in addition to existing requirements described in Article 14.4 of the BRFN Implementation Agreement and established in the BRFN Implementation Agreement Regulation (renamed the Treaty 8 Planning and Mitigation Regulation). The conditions for development of oil and gas activities include:

• Three development categories, ranging from Category 1 low impact activities, where limited effects to the values are anticipated to Category 3 activities, where effects to the values cannot be avoided and offsetting is expected.
• General application information requirements provided with each application in the form of an assessment report to be prepared by a qualified environmental professional (as defined by the Professional Governance Act) or qualified professional (where the discipline or field of practice does not have a regulatory college, but an appropriate level of expertise is still required).
• A plan to mitigate impacts to the values, through a General Environmental Management Plan (EMP), and supplemental Site-Specific Mitigation Strategy (if required).
• Operational rules which are additive to existing regulation, policy and guidance under the Environmental Protection and Management Regulation and the Treaty 8 Planning and Mitigation Regulation, including: riparian setbacks, cultural setbacks, evaluation of impacts within 250m of the Protection Zone and timing windows for peaceful enjoyment and moose.

Offsite environmental mitigation, also known as offsetting, will be required, in addition to site-specific mitigation measures to offset the following impacts should they be unavoidable: New Disturbance within Riparian Reserve Zones and to Old Forest within the Plan Area. Additional guidance about offsite environmental mitigation is available in Technical Update 2024-12: New Associated Activity Type for Offsets added to AMS. Where required, an impact offsetting plan must be included as part of the application for the oil and gas activity. The Environmental Offsite Mitigations Guidance document and accompanying FAQs have been developed to assist energy resource companies to understand the requirements for offsite environmental mitigation.

For applications in the Plan Area, applicants must include the BRFN Implementation Agreement form, the new BRFN Sensitive Planning Areas Form and adapt the new Gundy Complex HV1-C: QP/QEP Statement Template into the above noted Assessment Report. These new materials were created to capture information required to implement the Conditions for Development outlined in the Gundy Complex HV1-C Plan.

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

Michael Shepard
Vice President Operations: Responsible Development and Indigenous Relations
BC Energy Regulator
Michael.Shepard@bc-er.ca
250-661-4820