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).

Inspections

The Commission conducts field inspections to monitor and verify compliance for permitted activities. The Commission prioritizes and selects inspections using a risk-based approach that informs decisions about inspection coverage, and focuses inspection resources where they are needed most. Inspections may also be done based on industry operational events.

Where appropriate, alleged non-compliances (deficiencies) with the Oil and Gas Activities Act (OGAA) are managed through the Deficiency Notice and Correction Process. The deficiency and its timeline for correction are communicated to the permit holder. Importantly, these notices are not determinations under the OGAA and do not represent formal findings of contravention. However, if deficiencies are not corrected through the Deficiency Notice and Correction Process, the Commission will take further compliance and enforcement action. Additional information about the inspection process can be found in our Compliance & Enforcement Manual.

https://bcogc.ca/legislation

Inspections completed are listed below.

 

Tickets

The Commission can issue tickets under the authority of various provincial acts for which the Commission has regulatory responsibility, including the Water Sustainability Act and the Environmental Management Act.

Link to Report >>

Warnings

In some circumstances, the Commission may issue a warning in response to an identified non-compliance.  Warning Letters record the non-compliance, and warn of a possible escalated enforcement response if the non-compliance continues.

 

Company Enforcement Type File Date Issuedsort descending Documentation
Westcoast Energy Inc. Warning Letter Warning Letter 19-103 November 14, 2019 Warning Letter 19-103
Tidewater Midstream and Infrastructure Ltd. Warning Letter Warning Letter 19-079 November 22, 2019 Warning Letter 19-079

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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

Subscribe to OGC Enforcement Action
Company Enforcement Type File Date Issuedsort descending Documentation
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
Chevron Canada Ltd. Contravention Decision Case File 2016-066 September 14, 2017 Administrative Finding
Direct Energy Marketing Limited Enforcement Order General Order 2017-099 September 15, 2017 General Order 2017-099
Pavilion Energy Corp. Enforcement Order General Order 2017-100 September 28, 2017 General Order 2017-100
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
Success Energy Ltd. Enforcement Order General Order 2017-104 October 30, 2017 General Order 2017-104
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
ConocoPhillips Canada Resources Corp. Enforcement Order General Order 2017-107 November 06, 2017 General Order 2017-107
Kanati Energy Incorporated Contravention Decision Case File 2016-171 November 17, 2017 Administrative Finding
Synergy Land Services Ltd. Contravention Decision Case File 2015-019 November 17, 2017 Administrative Finding
Energy Fluid Services Ltd. Contravention Decision Case File 2015-107 November 17, 2017 Administrative Finding
Progress Energy Canada Ltd. Contravention Decision Case File 2015-107 November 17, 2017 Administrative Finding
ARC Resouces Ltd. Enforcement Order General Order 2017-108 December 07, 2017 General Order 2017-108
Pavilion Energy Corp. Enforcement Order General Order 2018-001 January 19, 2018 General Order 2018-001
Success Energy Ltd. Enforcement Order General Order 2018-002 January 31, 2018 General Order 2018-002
Fortaleza Energy Inc. Enforcement Order General Order 2018-003 February 05, 2018 General Order 2018-003
Success Energy Ltd. Enforcement Order Action Order 2018-001 February 19, 2018 Action Order 2018-001
Fortaleza Energy Inc. Enforcement Order Action Order 2018-002 March 08, 2018 Action Order 2018-002
Pavilion Energy Corp. Enforcement Order General Order 2018-004 March 08, 2018 General Order 2018-004
Shanghai Energy Corporation Enforcement Order General Order 2018-005 March 15, 2018 General Order 2018-005

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