The BCER will be retiring Area-Based Analysis (ABA), a planning tool used to consider the combined effects of industrial development and replace it with new approaches to support the consideration of cumulative effects and treaty rights.
DATE ISSUED: May 15, 2024
EFFECTIVE DATE: Aug. 1, 2024
As part of our ongoing work with First Nations, the British Columbia Energy Regulator (BCER) will be retiring Area-based Analysis (ABA) - a planning tool used to consider the combined effects of industrial development and replace it with new approaches to support the consideration of cumulative effects and treaty rights. All ABA application requirements will be phased out, including the requirement for an ABA Mitigation Plan in enhanced management and regulatory policy areas.
Under the new approach, a mitigation plan is required for any application intersecting a Wildlife Habitat Area (WHA) or Ungulate Winter Range (UWR) or an Old Growth Management Area (OGMA). Effective Aug. 1, 2024, new mitigation plan guidance will ensure a consistent and streamlined approach to submitting measurable and specific commitments.
Applications impacting riparian reserve zones must follow the planning and operational measures of the Environmental Protection and Management Guideline or provide rationale and a mitigation plan. A fish habitat assessment, compiled by a Qualified Professional, remains the same for Changes In and About a Stream for fish-bearing streams. In addition to more stringent Mitigation Plan requirements, all applications for activities within Treaty 8 Territory must demonstrate consideration and incorporation of the Treaty 8 Planning and Mitigation Measures.
Applications within Blueberry River First Nations Claim Area must follow the requirements laid out in the Blueberry River First Nations Implementation Agreement Form, which include the RSEA Moose Core Effective Suitable Habitat and RSEA Old Forest Assessment datasets. The BCER is working to integrate the provincial Cumulative Effects Framework (CEF) information in decision-making where appropriate, including components of the grizzly bear and aquatics current condition assessments. Applicants are encouraged to review this information and where possible, reflect upon it within their application for how it may or may not influence project planning, design and/or mitigations.
The BCER will continue to compile landscape level disturbance information for WHAs, UWRs and OGMAs in northeast B.C. Landscape level disturbance continues to be a consideration in the determination of material adverse effect to a WHA and UWR and an assessment of the Managed Disturbance Allowance for OGMAs. The BCER continues to make this information available spatially and through the BCER NE BC Annual Status Reports.
Helpful Resources:
- Treaty 8 Planning and Mitigation Measures
- Environmental Protection and Management Guideline,
- RSEA Moose Core Effective Suitable Habitat
- RSEA Old Forest Assessment
- Cumulative Effects Framework Values Data
- Grizzly Bear
- Aquatic Ecosystems
- Erosion and sediment control Professional Practice Guidelines
- Legislated Riparian Assessments in BC Professional Practice Guidelines
- A users guide to Changes in and About a Stream in BC
- Environmental Protection and Management Guideline
Additional information regarding recent changes following the B.C. Supreme Court ruling in Yahey v. British Columbia (Yahey) can be found here:
- Blueberry River First Nations Implementation Agreement Form
- Blueberry River First Nations Agreement – Rules for Oil and Gas Development
- Guidance for Energy Industry Following the BRFN Agreement - Jan. 27, 2023
- Updates to Application Manual to support consultation with FN - March 7, 2023
- Implementing the NV BC Treaty 8 Agreements: New Framework for Water Management - March 29, 2023
- BCER and BRFN have worked together to develop a new consultation process - June 30, 2023
Information about RSEA and CEF data can be found on our website.
If you have any questions regarding this Technical Update, please contact:
Michael Shepard
Operational Transition Lead
BC Energy Regulator
250-661-4820
Jacqueline Howard
Environmental Specialist
BC Energy Regulator
250-419-4496
Jennifer Grant (after May 27, 2024)
Director, Cumulative Effects Implementation
BC Energy Regulator
250-419-6606