Compliance and Enforcement

Oil and gas activities and operations performed by permit holders are authorized by way of permits, licences, and authorizations issued by the Commission. These permissions let a company know the activities it may carry out, and may include specific conditions the Commission considers necessary. The Commission works to ensure permitted oil and gas activities are conducted in compliance with the Oil and Gas Activities Act (OGAA, or Act), related regulations, specified enactments and other applicable legislation.

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, illustrated here:

COMMISSION ENFORCEMENT ACTION PROCESS (click to enlarge).

Orders

The Commission can issue orders with respect to activities and obligations under the Act. Orders are not contingent on a finding of contravention; they may also be issued if, in the opinion of a Commission official, a person fails to comply with the Act, the regulations, the person’s permit or authorizations, or a previous order. Orders may also be necessary to mitigate a risk to public safety, protect the environment, or to promote the conservation of petroleum and natural resources. Orders specify whatever action must be taken, stopped or modified by the permit holder and includes the date by which they must comply.

The Commission monitors compliance with the order and, if satisfied the concerns have been addressed, may amend or terminate the order prior to the compliance deadline. In certain situations, a request for extension may be granted by the Commission.

The Commission can bill a permit holder to recover all applicable costs if the permit holder is unable or unwilling to comply with the requirements of the original Order (Section 49), and the Commission completes the work on its behalf. This is done through issuance of a specific order (Section 50(1)) allowing the Commission to take over the requirements and legally restricting the permit holder from conducting the work.

Enforcement orders issued and/or terminated by the Commission are available in the table below.

Contravention Decisions

The Commission may pursue further enforcement actions through a contravention decision if the permit holder does not comply with order requirements by the date specified, or if the alleged compliance issue is too significant to manage via an order. In this case, a Commission investigator develops a Contravention Report, containing detailed evidence outlining the permit holder’s alleged contravention. This report is provided to a Commission Statutory Decision Maker (SDM), and the permit holder is given written notice of opportunity to be heard (OTBH), in order to present the Commission with evidence supporting their defense.

At the end of the response period, the SDM will make a determination as established in the written notice of OTBH, whether or not the person(s) in the alleged contravention chooses to participate in the hearing. The determination will indicate whether the permit holder is found in contravention of the Act, regulations, permit conditions, authorizations or orders, and whether an administrative penalty will be imposed. The permit holder is given written notification of the finding and administrative penalty, if any. The determination provides detailed information regarding the contravention, the penalty, and the applicable timelines as well as information on the right to request a review or an appeal.

Contravention decisions are available in the table below.

Reviews and Appeals

A person has the right to request a review or an appeal of an Administrative Finding once an order, contravention determination, and/or administrative penalty has been imposed. Requests for review or appeal must be made in writing within 30 days of receiving notification of decision and must identify the grounds upon which the review or appeal is being requested. A person cannot request both a review and appeal at the same time. Review requests are submitted to the Commission to a designated official who then reviews the decision and determines whether to uphold, vary or rescind the previous decision. Appeals are submitted and managed through the Oil and Gas Appeals Tribunal (OGAT), a specialized quasi-judicial agency established under OGAA to accept, screen, mediate and adjudicate appeals independently and fairly. OGAT members hold an oral or written hearing to allow parties to present their evidence, then issue a written decision. OGAT decisions are summarized and made available online.

The Commission is committed to publishing its enforcement orders, order terminations, contravention decisions, and review decisions in a timely and transparent manner. The table below will be updated on a weekly basis, and a search function is available on the upper left side of this page allowing for specific queries. Enforcement Actions issued by the Commission prior to April 1, 2017 are available as quarterly summary reports on the Commission's publications page.

Questions regarding Commission enforcement actions may be directed to C&E@bcogc.ca.

Enforcement Action

Company Enforcement Type File Date Issuedsort ascending Documentation
ConocoPhillips Canada Resources Corp. Enforcement Order General Order 2017-107 November 06, 2017 General Order 2017-107
Saguaro Resources Ltd. Enforcement Order General Order 2017-105 November 03, 2017 General Order 2017-105
Nexen Energy ULC Enforcement Order General Order 2017-106 November 03, 2017 General Order 2017-106
Success Energy Ltd. Enforcement Order General Order 2017-104 October 30, 2017 General Order 2017-104
Predator Oil BC Ltd. Enforcement Order General Order 2017-102 October 23, 2017 General Order 2017-102
Predator Oil BC Ltd. Enforcement Order General Order 2017-103 October 23, 2017 General Order 2017-103
Pavilion Energy Corp. Enforcement Order General Order 2017-100 September 28, 2017 General Order 2017-100
Direct Energy Marketing Limited Enforcement Order General Order 2017-099 September 15, 2017 General Order 2017-099
Chevron Canada Ltd. Contravention Decision Case File 2016-066 September 14, 2017 Administrative Finding
Progress Energy Canada Ltd. Enforcement Order General Order 2017-095 September 13, 2017 General Order 2017-095
Progress Energy Canada Ltd. Enforcement Order General Order 2017-096 September 13, 2017 General Order 2017-096
Progress Energy Canada Ltd. Enforcement Order General Order 2017-097 September 13, 2017 General Order 2017-097
Progress Energy Canada Ltd. Enforcement Order General Order 2017-094 September 13, 2017 General Order 2017-094
Progress Energy Canada Ltd. Enforcement Order General Order 2017-098 September 13, 2017 General Order 2017-098
Progress Energy Canada Ltd. Enforcement Order General Order 2017-093 August 25, 2017 General Order 2017-093
Predator Oil BC Ltd. Enforcement Order General Order 2017-090 July 14, 2017 General Order 2017-090
Predator Oil BC Ltd. Enforcement Order General Order 2017-091 July 14, 2017 General Order 2017-091
Pengrowth Energy Corporation Enforcement Order General Order 2017-089 July 13, 2017 General Order 2017-089
KANATA Energy Group Ltd. Enforcement Order General Order 2017-087 July 10, 2017 General Order 2017-087
Pacific Northern Gas Ltd. Enforcement Order General Order 2017-088 July 10, 2017 General Order 2017-088
Sukunka Natural Resources Inc. Enforcement Order General Order 2017-084 July 07, 2017 General Order 2017-084
Pembina NGL Corporation Enforcement Order General Order 2017-086 July 07, 2017 General Order 2017-086
Canadian Spirit Resources Inc. Enforcement Order General Order 2017-081 July 07, 2017 General Order 2017-081
Spectra Energy Midstream Corporation Enforcement Order General Order 2017-082 July 07, 2017 General Order 2017-082
Tamarack Acquisition Corp. Enforcement Order General Order 2017-079 July 04, 2017 General Order 2017-079

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