Does the BC Energy Regulator regulate all pipelines in B.C., including those that originate outside of the province?

The BC Energy Regulator (BCER) is the primary regulator for the majority of pipelines within B.C. Pipelines that originate in other provinces and extend into B.C. are under the federal jurisdiction of the Canada Energy Regulator (CER). The BCER does maintain a regulatory role for these interprovincial pipelines related to application reviews and issuance of provincial authorizations required for construction, operation and maintenance.

Which parts of inter-provincial oil and gas projects are under the BCER’s jurisdiction?

For interprovincial pipelines, the Regulator reviews applications and, if approved, issues authorizations under the provincial Land Act, Water Sustainability Act, and the Forest Act. These authorizations are related to the use of Crown land and water resources, as well as tree cutting permits.

Which parts of inter-provincial oil and gas projects are under the CER’s jurisdiction?

The CER is the primary regulator for interprovincial pipelines, including the oversight of construction, operations, and maintenance. The CER and BCER liaise as necessary and maintain a Memorandum of Understanding.

Does this also include permitting work camps on interprovincial projects?

The BCER may authorize oil and gas operators to use land for the purposes of a camp; however, additional authorizations and permits are required from other jurisdictions, such as regional health authorities, Ministry of Environment, Ministry of Transportation, WorkSafeBC, etc., to construct and operate a campsite. To learn more about permitting work camps, click here.

What factors does the BCER consider when approving permits?

Factors the BCER considers when assessing permit applications for interprovincial pipelines include:

• Protection of public safety.
• Protection of the environment.
• Indigenous rights and title interests, concerns and impacts.
• Details, concerns and/or conditions identified during environmental assessments.

What is the process for reviewing applications for interprovincial pipelines?

The process for reviewing applications for authorizations for CER regulated pipelines is the same as for projects located entirely within B.C. When an application is submitted, the BCER conducts a comprehensive review that considers land use, environmental factors, hydrology, and consultation with First Nations and land owners. To learn more about this application and review process, check out the Review Applications webpage.

Is rights holder* engagement part of the permitting process?

Yes, rights holder engagement is required as part of the application process and is intended to promote communication and collaborative engagement between proponents, land owners and rights holders prior to application submission.

Submission of an application must include application deliverables specific to rights holder engagement based on the planned activity and location of activity.

Are environmental impacts considered when permitting projects?

Yes, the BCER works to ensure projects are developed by considering the impacts to air quality, wildlife, water and land during the application review process. It’s our job to ensure both the environment and public safety are protected, and those with concerns have the opportunity to have their voice heard.

To learn more about the permitting process, please visit https://www.bcogc.ca/how-we-regulate/

Does the BCER inspect and/or continue to regulate interprovincial pipelines that have authorizations?

The BCER maintains oversight for the full lifecycle of any provincial authorizations issued. This includes compliance and enforcement and any future site remediation once operations have ceased.

Does the BCER regulate the Trans Mountain Expansion Project?

The Trans Mountain Expansion Project is an interprovincial pipeline and as such, the CER is the primary regulator. The BCER is responsible for reviewing applications and issuing authorizations under provincial acts including the Land Act, Water Sustainability Act, and Forest Act.