Effective September 1, 2023, the province of British Columbia brought into force certain sections of Bill 37, the Energy Statutes Amendment Act, 2022. Included in those sections is a change to sections 1(2) and 19(1) of what was, before September 1, 2023, the Oil and Gas Activities Act (now the Energy Resource Activities Act).
These two amendments change the name of the Oil and Gas Appeal Tribunal, to the Energy Resource Appeal Tribunal. There have been no changes to the tribunal’s powers, processes, or responsibilities. The tribunal may, however, consider a larger scope of appealable determinations. This is because there is a larger group of “energy resource activities” that are regulated by the Energy Resource Activities Act, compared to the smaller scope of “oil and gas activities”, which had been regulated by the Oil and Gas Activities Act. This broader scope of activities includes, for example, the construction of facilities built to store or dispose of carbon dioxide, or to manufacture hydrogen, ammonia, or methanol.
The changes brought in by the Energy Statutes Amendment Act, 2022 reflect the ongoing changes in the energy sector, and the Energy Resource Appeal Tribunal will continue to modernize its processes in this changing world. The Energy Resource Appeal Tribunal also continues to fulfill its responsibilities as an administrative tribunal. This means working to ensure access to justice for all those who have rights of appeal to the tribunal, and to resolving appeals in a way that is fair, impartial, effective, efficient, and responsive.
As a part of British Columbia’s justice system, the Energy Resource Appeal Tribunal also remains committed to advancing reconciliation with British Columbia’s Indigenous populations, and to reflecting the diversity of our province.
For more information, please visit www.bcerat.ca.
Darrell Le Houillier
Chair, Energy Resource Appeal Tribunal