On September 22, 2015, the Province amended the Water Regulation (adoped under the Water Act) to enable persons holding a permit under the Oil and Gas Activities Act to make changes in and about a stream. Pursuant to the amended Water Regulation, such changes will not require an authorization under the Water Act, provided that the changes are made in accordance with the Oil and Gas Activities Act and the terms of a permit issued pursuant to such Act.
Sections of the Water Regulation related to the protection of habitat (sections 38(1)(a), 40(1), 41(c) and 42(2)), and section related to the protection of other water users (section 43) do not apply to a person operating pursuant to the Oil and Gas Activities Act permit. If that person causes damage to habitat, they must report such damage to the Oil and Gas Commission, which may require remedial action.
It is likely (although speculative at this time) that a similar provision will be contained in the upcoming regulations under the Water Sustainability Act.
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