146_2023 — Treaty 8 Planning and Mitigation Regulation

1

Interpretation

s. 1 — Interpretation

s. 1(1)

In this regulation:

s. 1(1) — Act

Act means the Energy Resource Activities Act;

s. 1(1) — agreement

agreement means the Blueberry River First Nations Implementation Agreement entered into by the government and the Blueberry River First Nations on January 18, 2023, as it stands on that date;

s. 1(1) — Area 1

Area 1 means the Plan area specified in Section 1.4 of the Gundy plan;

s. 1(1) — Area 2

Area 2 means the LPP Area #2 specified in Section 2.0 of the LPP;

s. 1(1) — Gundy plan

Gundy plan means the HV1-C Gundy Complex Plan attached as Schedule 4 to this regulation;

s. 1(1) — LPP

LPP means the Halfway / BC Landscape Planning Pilot attached as Schedule 5 to this regulation.

s. 1(2)

Repealed. [B.C. Reg. 241/2024, App., s. 2 (e).]

s. 1(3)

For the purposes of this regulation, the regulator must read the agreement as though the plans contemplated by the agreement, other than the Gundy plan and the LPP, have not been made.

2

Blueberry River First Nations Implementation Agreement

0.1

Interpretation

s. 1.1 — Interpretation

s. 1.1(1)

In this Part:

s. 1.1(1) — direction on allocation

direction on allocation means the direction attached as Schedule 3 to this regulation;

s. 1.1(1) — disturbance cap

disturbance cap means an area-based or linear cap established by or in accordance with Section 14.1 of the agreement, as modified by section 3 (3) of this regulation;

s. 1.1(1) — specified instrument

specified instrument means a permit or authorization that authorizes an energy resource activity or related activity to be carried out in the Claim Area.

s. 1.1(2)

Unless a contrary intention appears, words and expressions used in this Part have the same meaning as in the agreement.

1

General Policies and Procedures

s. 2 — General policies and procedures

The regulator must conduct its affairs, exercise its powers and discretion, carry out its functions and duties and discharge its responsibilities consistently with the following provisions of the agreement:

s. 2(a)

Article 9;

s. 2(b)

Section 11.2, as it relates to continuing collaboration;

s. 2(c)

Sections 14.5 and 14.7.

2

Disturbance Caps

s. 3 — Disturbance caps

s. 3(1)

The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance in excess of the disturbance caps.

s. 3(2)

For the purposes of subsection (1), the regulator must administer the disturbance caps in accordance with the rules set out in Section 14.1 of the agreement.

s. 3(3)

Despite subsection (2), the disturbance caps established by or under Section 14.1 of the agreement are modified for the purposes of this regulation as follows for 2025 and later calendar years:

s. 3(3)(a)

the reference in Section 14.1 (a) (i) to 200 hectares is to be read as a reference to 195.2 hectares;

s. 3(3)(b)

the reference in Section 14.1 (a) (ii) to 550 hectares is to be read as a reference to 536.8 hectares;

s. 3(3)(c)

the reference in Section 14.1 (b) (iii) to 200 hectares is to be read as a reference to 195.2 hectares.

s. 3(4)

Subsection (1) does not apply in relation to Area 1 or Area 2 and New Disturbance in those areas is not to be counted against the disturbance caps.

s. 4 — Allocation within disturbance caps

s. 4(1)

Subject to subsections (3) and (4), the regulator must allocate the disturbance caps in accordance with the direction on allocation.

s. 4(2)

For the purposes of subsection (1), the regulator must calculate the percentage of tenure holdings in hectares.

s. 4(3)

For the 2023 calendar year, the regulator must reserve 110 ha of the disturbance caps for the applications listed in Schedule 1.

s. 4(4)

For certainty, subsection (3) does not require the regulator to issue a specified instrument in relation to an application listed in Schedule 1.

s. 4(5)

If the regulator considers that a portion of the 110 ha reserved under subsection (3) will not be required in the 2023 calendar year, the regulator must allocate the portion in accordance with the rules for discretionary allocation set out in the direction on allocation.

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Protection of High Value Areas

s. 5 — HV1A areas

The regulator may not, other than in accordance with subsections 7.3 (a), (d), (e) and (f) of the agreement, issue a specified instrument that authorizes an energy resource activity or related activity to be carried out in an HV1A area.

s. 6 — HV1B and HV1C areas

s. 6(1)

The regulator may not issue a specified instrument that authorizes New Disturbance to be carried out in

s. 6(1)(a)

an HV1B area, or

s. 6(1)(b)

an HV1C area, other than in Area 1.

s. 6(2)

Subsection (1) does not apply in relation to a specified instrument that

s. 6(2)(a)

is issued in relation to an application listed in Schedule 2, or

s. 6(2)(b)

authorizes New Disturbance that is approved by the Blueberry River First Nations.

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Other Protective Measures

s. 7 — Setbacks and other matters

The regulator may not issue a specified instrument unless the instrument is consistent with Section 14.4 of the agreement.

s. 8 — Linear disturbance measures

The regulator may not issue a specified instrument that authorizes a seismic line or a pipeline right of way unless the instrument contains conditions that require the access management measures and line of sight mitigations specified in Section 14.6 of the agreement.

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Other Matters

s. 9 — Limitation on amendments

Sections 5 to 8 apply in relation to an amendment of

s. 9(a)

a specified instrument issued on or after January 18, 2023, and

s. 9(b)

a specified instrument issued before that date insofar as the amendment authorizes New Disturbance.

s. 10 — Waiver or modification of requirements

s. 10(1)

Subject to subsection (2), this Part does not apply in relation to a requirement in Section 14.4 or 14.6 of the agreement or a requirement to count New Disturbance against a disturbance cap if the requirement is waived or modified, in accordance with Section 14.9 of the agreement, by the Blueberry River First Nations.

s. 10(2)

This Part does not apply in relation to a requirement referred to in subsection (1) in Area 1 if the requirement is waived or modified both under subsection (1) and by the Halfway River First Nation.

s. 11 — Application of this Part to Area 2

Sections 7 to 10 do not apply in relation to Area 2.

3

Blueberry River First Nations Gundy Plan

1

Interpretation

s. 12 — Interpretation

s. 12(1)

In this Part, specified instrument means a permit or authorization that authorizes an energy resource activity or related activity to be carried out in Area 1.

s. 12(2)

Unless a contrary intention appears, words and expressions used in this Part have the same meaning as in the agreement and the Gundy plan.

2

General Policies and Procedures

s. 13 — General policies and procedures

The regulator must conduct its affairs, exercise its powers and discretion, carry out its functions and duties and discharge its responsibilities consistently with the following provisions of the Gundy plan:

s. 13(a)

Sections 6.1 to 6.3;

s. 13(b)

Section 7.3.

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Directions to Regulator

s. 14 — Limitations on disturbance

s. 14(1)

The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance to be carried out in a Protection Zone unless the New Disturbance will occur in an area of Non-PNG Disturbance.

s. 14(2)

The regulator may not, by issuing or amending a specified instrument, authorize an energy resource activity to be carried out in the area of a seismic line in the Current Industry Maintenance Zone.

s. 15 — Planning

The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance in Area 1 unless the applicant for or holder of the instrument, as the case may be, has provided

s. 15(a)

an environmental management plan that is consistent with Sections 7.2 and 7.5 of the Gundy plan to the regulator and the Blueberry River First Nations, and

s. 15(b)

the information required by Section 7.4 of the Gundy plan and any site-specific mitigation strategy required by Section 7.6 of that plan to the regulator.

s. 16 — Protective measures

The regulator may not, by issuing or amending a specified instrument, authorize New Disturbance in Area 1 unless the instrument is consistent with the

s. 16(a)

the setbacks in Sections 7.8.1 to 7.8.3 of the Gundy plan,

s. 16(b)

the timing constraints in Section 7.8.4 of that plan, and

s. 16(c)

the practices described in Section 7.8.6 of that plan.

s. 17 — Off-site environmental mitigation

The regulator must have regard to Section 7.9 of the Gundy plan in exercising a power or performing a duty under section 25.1 (2) [off-site environmental mitigation activities] of the Act.

s. 18 — Waiver or modification of requirements

This Part does not apply in relation to a requirement in the Gundy plan referred to in section 15 or 16 of this regulation or a limitation imposed by section 14 if the requirement or limitation, as the case may be, is waived or modified by both

s. 18(a)

the Blueberry River First Nations, and

s. 18(b)

the Halfway River First Nation.

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Halfway River First Nation Landscape Planning Pilot

1

Interpretation

s. 19 — Interpretation

In this Part: specified instrument means a permit or authorization that authorizes an energy resource activity or related activity to be carried out in Area 1 or Area 2; Treaty 8 Planning and Mitigation Measures means the Treaty 8 Planning and Mitigation Measures attached as Appendix A to the Adaptive Management Program and Plan attached as Appendix 1 to the LPP.

2

General Policies and Procedures

s. 20 — General policies and procedures

The regulator must conduct its affairs, exercise its powers and discretion, carry out its functions and duties and discharge its responsibilities consistently with Section 6.0 of the LPP, other than as it refers to the Adaptive Management Program and Plan attached as Appendix 1 to the LPP.

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Directions to Regulator

s. 21 — Protective measures

The regulator may not, by issuing or amending a specified instrument, authorize an energy resource activity in Area 1 or Area 2 unless the instrument is consistent with Section 5.1 of the LPP as Section 5.1 requires compliance with the Treaty 8 Planning and Mitigation Measures.

s. 22 — Waiver or modification of requirements

s. 22(1)

Subject to subsection (2), the Part does not apply in relation to a requirement in the Treaty 8 Planning and Mitigation Measures if the requirement is waived or modified, in accordance with Section 4.3 of the LPP, by the Halfway River First Nation.

s. 22(2)

This Part does not apply in relation to a requirement referred to in subsection (1) in Area 1 if the requirement is waived or modified both under subsection (1) and by the Blueberry River First Nations.

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Off-site Environmental Mitigation

s. 23 — Off-site environmental mitigation

For the purposes of section 25.1 [off-site environmental mitigation activities] of the Act,

s. 23(a)

the minister may establish, in the Claim Area within the meaning of the agreement, energy resource management areas and mitigation areas that the minister considers necessary or advisable

s. 23(a)(i)

for the implementation of the Gundy plan, or

s. 23(a)(ii)

having regard to the rights and interests of a First Nation with rights under Treaty 8, and

s. 23(b)

the energy resource activities specified in Section 7.7 of the Gundy plan are prescribed for an energy resource management area established under this section.

Schedule

Schedule 1

Schedule

Schedule 2

Schedule

Schedule 3

Schedule

Schedule 4 [en. B.C. Reg. 241/2024, App., s. 10.] HV1-C Gundy Complex Plan

Schedule

Schedule 5 [en. B.C. Reg. 241/2024, App., s. 10.] Halfway / BC Landscape Planning Pilot