GENERAL ORDER 293/95

QUESTIONS AND ANSWERS

GENERAL QUESTIONS

Q1: Is this Order limited to the Peace River region of British Columbia?
Yes. An application must be filed with the Agricultural Land Commission for all oil & gas developments outside of the Peace River region, which are proposed for land in the Agricultural Land Reserve.
 
Q2: Does the Agricultural Land Reserve include Crown land covered by trees?
Yes. The boundaries of the Reserve are based on the agricultural capability of the soil, not on the current use or ownership of the land. The Reserve includes unsurveyed Crown land administered by BC Lands.
 
Q3: Do pipelines longer than 5 kilometers in length require an application?
Yes. The intent of the Order is to allow the construction of short pipelines in production fields without an application, as long as the reclamation standards are strictly adhered to.

All pipelines greater than 5 kilometers in length will continue to require an application because of their potential for significant impacts on agricultural land.

The threshold of 5 kilometers is based on information from the Ministry of Municipal Affairs which indicates that the majority of gathering, flow, and injection pipelines are less than 5 kilometers in length.
 

Q4: Does this Order set standards for the clean up of contaminated sites?
No. The BC Ministry of Environment, Lands and Parks administers the Waste Management Act, and it has the responsibility for preventing and correcting environmental contamination.
 
Q5: What action can the Commission take if the requirements of the Order are not, or can not, be adhered to?
Failure to comply with the Order may result in the Commission prescribing additional remedies to restore the land, requiring a bond, or seeking a court injunction if the soil is not adequately protected.
 
Q6: Is an application to the Commission required if a right of entry order is issued by the Mediation and Arbitration Board?
Yes. The landowner has not consented to the development. The requirements of the Agricultural Land Reserve Act must be met regardless of an approval granted pursuant to the Petroleum and Natural Gas Act.
 

CONDITIONS ON NEW DEVELOPMENTS

Q7: What does geophysical exploration mean?
Geophysical exploration in this Order has the same meaning as it does in the Petroleum and Natural Gas Act.
 
Q8: What is an existing disturbed surface lease?
This is an existing surface lease where the ground had been disturbed by oil and gas developments prior to April 10, 1995.
 
Q9: What should I do if the development will be located on muskeg soils?
Soil information must be submitted to the Commission which documents that the proposed development would be located on muskeg soils. If the soil is muskeg, in the opinion of the Commission, the development can proceed subject to Section 3 of the Order.

If the Commission is of the opinion that the soil is not muskeg, the development may proceed subject to Section 4 of the Order.
 

Q10: Are batteries and compressor stations ancillary pumping facilities?
No. Batteries and compressor stations are production facilities, and they are not ancillary to the extraction of petroleum and natural gas from the ground. Proposals to construct these facilities in the Agricultural Land Reserve require an application to the Commission.
 
Q11: In what form is written consent from the landowner required?
A copy of the signed surface lease agreement is evidence that the landowner has consented to the development.
 
Q12: What information must be sent to the Fort St. John office of the Ministry of Agriculture, Food and Fisheries?
The referral must include all of the information required to make an application for well site to the Ministry of Energy, Mines and Petroleum Resources, and an application for a pipeline to the Ministry of Municipal Affairs, unless specifically not required by the Ministry of Agriculture, Food and Fisheries.
 
Q13: How can I determine if 2 wells will exist per ¼ section when the development is proposed for unsurveyed land?
The permit and lease grid currently used by Ministry of Energy, Mines and Petroleum Resources to identify the location of a well site will be used to define the boundaries of a ¼ section on unsurveyed land.
 
Q14: Are existing access roads and pipelines included when calculating the combined area of the surface leases?
See question 25
 
Q15: What type of qualifications should a reclamation specialist have?
It is recommended that the reclamation specialist be either an agrologist who is a member of the BC Institute of Agrologists, or a land agent licensed in the Province of Alberta.

Regardless, the reclamation specialist must have completed post-secondary courses in soil science, land reclamation, and agricultural practices.
 

Q16: Is a reclamation specialist required for every development?
No. The landowner can state a reclamation specialist is not required if the landowner is capable and willing to fulfill the role of the specialist.

Regardless, a reclamation specialist or a landowner should make unannounced inspections to ensure that construction activities are in compliance with the reclamation plan.
 

Q17: Is the reclamation specialist the only person who can obtain soil samples and field information?
No, but the owner of the development must ensure that a competent person obtains accurate information, and that the resulting reports are to the satisfaction of the Commission.
 
Q18: Must site assessment and reclamation reports be filed with the landowner?
Yes. Landowners are directly affected by the proposed developments, and they must be consulted about construction methods and reclamation plans.
 
Q19: Why was the phrase, ‘other standards set by the Commission ‘ included?
This phrase allows the Commission to clarify or amend the standards to meet exceptional conditions on a specific surface lease.

These changes could be initiated by either the owner of the development or the Commission based on the site assessment, and they would require a resolution from the Commission.
 

Q20: What remedial options are available when the reclamation of a surface lease does not meet the standards of the Order?
It is the responsibility of the owner of the development to propose remedial options to the Commission. The Commission will decide what remedial action is required after meeting with the owner of the development, the landowner, and other affected parties.

It is recommended that the reclamation guidelines published in September 1992 by the Canadian Association of Petroleum Producers be used in identifying remedial options.

Fibrous materials, such as manure, peat, and straw, may be considered as acceptable soil amendments to improve soil structure and organic content.
 

Q21: Does this new Order affect developments constructed under General Order 132/82?
Yes. The reclamation requirements in General Order 293/95 will be used to assess the reclamation of existing developments because these standards are consistent with, and clarify, the requirements of General Order 132/82. General Order 132/82 required that the surface lease be restored, "to its original or better topographical and soil condition prior to the issuance of a Certificate of Restoration by the Ministry of Energy, Mines and Petroleum Resources".
 
Q22: If an application is required, should it be mailed directly to the Commission?
Yes. Procedures for making an application to the Agricultural Land Commission are independent from other applications that may be required by the Ministry of Energy, Mines and Petroleum Resources. Please contact the Commission for further information on how to make an application.
 
Q23: Is a site assessment required for muskeg soils?
Yes. Forward a completed site assessment to the Agricultural Land Commission, and the Commission will review this soil information to determine if the work can proceed pursuant to Section 3 of the Order.
 

DENSITY OF DEVELOPMENTS

Q24: Does the definition of a surface lease include pipeline right-of-ways?
Yes. For brevity, surface lease is used to refer to all leases, easements, and right-of-ways which may be required for a well site, access road or pipeline.
 
Q25: Are pipeline right-of-ways included when calculating the combined area of new and existing surface leases?
No. Section 4(c) has been clarified so that only well sites and access roads are included when calculating whether the 5 hectare threshold is exceeded.
 
Q26: Are access roads in public right-of-ways included when calculating the combined area of new and existing surface leases?
No. The use of public right-of-ways for access roads is encouraged because these routes minimize impacts on farm operations.

In addition, access roads on unsurveyed Crown land are not included in this calculation because public use of these roads is normally allowed. These roads often remain available for public use after they are no longer required by a petroleum company.
 

RECLAMATION SPECIALIST

Q27: Can a reclamation specialist be hired even if a landowner waives this requirement?
Yes. The owner of the development is responsible for exceeding the minimum reclamation standards of the Order, and therefore, the owner has the right to hire a reclamation specialist even if the landowner waives this requirement.
 

FILING OF REPORTS

Q28: Must all of the executed surface lease be filed with the Commission?
No. An executed copy of a Form C from a lease agreement, or an executed copy of a temporary work permit from BC Lands, is sufficient evidence of landowner consent.

Please ensure that the survey plan of the surface lease and the legal description of the land are referenced on the Form C and the temporary work permit.
 

Q29: Is an approval from the Commission required before construction can begin?
No. Approval from the Agricultural Land Commission is not required for construction to begin, if the requirements of the Order are complied with. The Commission will acknowledge the receipt of information filed pursuant to Section 4(f), and will contact the petroleum company or its agent if the information is incomplete or not adequate.
 

RECLAMATION STANDARDS

Q30: If the alignment of the pipeline does not follow the centerline of the right-of-way, should the samples be from the centerline?
No. The intent of this reclamation requirement is to assess the disturbed ground which has been replaced over the buried pipeline. The alignment of pipelines does not always follow the centerline of a right-of-way, and therefore the procedures described in Schedule B have been clarified to ensure the disturbed ground is sampled.
 
Q31: Does the density of the subsoil need to be measured at each well site?
No. The measurement of subsoil compaction will only be required where drainage problems and other possible restrictions on agricultural productivity have occurred. Remedial measures may be required if the standard in Schedule B is exceeded.

The measurement of the compaction of subsoils is difficult, and may be unreliable unless the sampling density is high and conducted under different soil moisture conditions.

The best approach is to prevent these problems from developing by ensuring that subsoil decompaction is addressed in every reclamation plan.
 

Q32: Does every seed mixture need to be certified that it is free of weed?
No. The vegetation requirements in Schedule B have been clarified.

Native vegetation and some seed mixtures may contain weeds, but this vegetation must not increase the frequency or distribution of weeds on the surface lease or on adjacent undisturbed ground.

Regardless, it is recommended that seed mixtures have an official seed analysis to determine the amount of crop and weed species present. These mixtures must include species that are adapted to the climate and soil conditions of the Peace River region of British Columbia.

Preventing soil erosion, and preventing an increase in the distribution of weeds, should be the main criteria when choosing a seed mixture.

It is recommended that the reclamation specialist consult with the landowner and the local Ministry of Agriculture, Food, and Fisheries office to determine which species are best for a particular site.

Seed mixtures should not contain the following weeds:
Canada thistleCirsium arvense
DodderCuscuta spp.
Knapweed spp.
    diffuseCentaurea diffusa
    spottedCentaurea masculosa
    RussianCentaurea repens
Sow thistleSonchus spp.
Leafy spurgeEuphorbia esula
Toadflax spp.
    commonLinaria vulgaris
    dalmatianCentaurea repens
Wild oatsAvena fatua
Hoary cress Cardaris spp.
BlueweedEchium vulgare
HoundstongueCygnoglossum officinale
Sulphur cinquefoilPotentilla recta
BurdockArctium minus
Giant BurdockArctium spp.
Water hemlockCicuta maculata
Scentless chamomileMatricaria maritima
CleaversGalium aparine
Tartary buckwheatFagopyrum tataricum
Night flowering catchflySilene noctiflora
Ox-eye daisyChrysantheumum leucanthemum
Wild mustardBrassica kaber
White cockleLychnis alba
QuackgrassAgropyron repens
Nodding thistleCarduus nutans
KochiaKochia scoparia
Green foxtailSetaria viridis
Downy bromeBromus tectorum

And, any other weed species not already present on the surface lease or on adjacent undisturbed ground.