Natural Gas Royalty Review
New Royalty Framework
The new framework will be based on a revenue-minus-cost royalty system. It will use price- sensitive royalty rates designed to achieve a return of 50% of profits on the public resource after costs are accounted for. Revenue-minus-cost royalty systems are globally recognized for maximizing economic value and minimizing distortions.
B.C.’s new royalty framework will use a royalty rate of 5% during the pre-payout period (i.e., from initial production until revenue from a well exceeds the total capital cost for drilling and completion). Actual development costs (drilling and completion) will be used to determine the cost for each well. Producers will submit these costs to government after a well begins production. The cost submissions will be subject to audit.
Once revenues from a well exceed capital costs, a price-sensitive royalty rate will apply (between 5% and 40%). The specific range of price sensitivity will vary by commodity type.
The minimum royalty payable will be 5% of monthly production.
Government intends to implement this system on Sept. 1, 2024.
Transition – new wells
Effective Sept. 1, 2022, new wells (i.e., those that begin drilling on or after that date) will not be eligible to qualify for the old deep-well royalty program, the Marginal Well Royalty program, the Ultramarginal Royalty program, the Low Productivity Royalty program, or the Clean Growth Infrastructure Royalty programs.
Wells drilled beginning Sept. 1, 2022, will pay a 5% royalty rate for the equivalent of the first 12 production months (8,760 production hours of production). At the end of this period, these wells will pay the prevailing price-sensitive royalty rates.
Transition – existing wells
Current wells, and any wells that begin drilling before Sept. 1, 2022, will pay royalties based on the current royalty framework until Sept. 1, 2024.
Effective Sept. 1, 2024, these wells will transition to the rules of the new royalty framework.
After this date, these wells will not be eligible for rate reductions under the Marginal Well Royalty program, the Ultramarginal Royalty program, the Low Productivity Royalty program, or the Clean Growth Infrastructure Royalty programs.
Deep wells with unused deep well deductions will be able to continue to use those deductions to reduce royalties owed until Sept. 1, 2026.
Beginning in early 2023, producers will be given periodic opportunities to repurpose unused deep-well deductions by transferring them to a land-healing and emissions-reduction pool. These pooled deductions are discussed below.
As of Sept. 1, 2026, producers will no longer be eligible to reduce royalties on deep wells using deep-well deductions and no further transfer of unused deep-well deductions to a producer’s land-healing and emissions-reduction pool will be allowed.
Calculating costs under the revenue-minus-cost framework
A revenue-minus-cost royalty framework compares the cost to put a well into production with the revenues earned from that well in determining when price-sensitive royalty rates should apply. Specific cost policy is under development and will consider costs related to gathering and processing, as well as drilling and completion.
The new royalty framework will seek to use actual costs when accounting for drilling and completion costs. Producers will be required to submit cost data within six months of a new well commencing production. The methodology to determine what costs are eligible to include in setting these costs will be aligned with existing taxation standard Canada Revenue Agency – Canadian Development Expense comprised of actual costs and most expenditures below the surface that are not removable or transferable to another site, but are tailored to fit with the B.C. context.
This process is intended to be transparent and result in a fair set of policies categorizing drilling and completion amounts in the royalty system. Additional engagement with oil and gas stakeholders will occur during summer 2022 to further develop and define allowable-cost policy and amounts contained within the drilling and completion amount.
Land healing and emissions reduction pools
Producers will have the option to transfer unused deep-well deductions to a land-healing and emissions-reduction pool before Sept. 1, 2026. Multiple “transfer windows” will be provided between early 2023 and Sept. 1, 2026, to allow producers to allocate deep-well deductions to the land-healing and emissions-reduction pool. Producers will have the option to allocate some, or all of the deep-well deductions associated with a well to their pool.
Once allocated to a producer’s pool, the royalty deductions will not be available to reduce royalties on the well they were originally associated with. Transfers between producers’ pools will be permitted only in circumstances related to corporate acquisitions.
The pool is intended to support work going above and beyond regulatory requirements to reduce emissions or cumulative impacts on the land base. The final scope of activities supported through the pool will be developed in the coming months based on discussions within government, with First Nations in northeastern B.C., environmental groups, industry and other stakeholders.
Next steps
The ministry will conduct annual calls for projects from producers that wish to undertake work to qualify for deductions from their land-healing and emissions-reduction Pool. Producers will be able to reduce royalties equal to expenditures on projects approved through these annual calls up to the value of deductions they have available in their pool.
The current natural gas royalty framework in British Columbia has been in place for nearly thirty years. The way natural gas is produced has changed significantly over this time period due to changes in technology, as have market conditions, costs, and global concerns on the need to address climate change.
As part of his mandate letter, the Premier asked Bruce Ralston, Minister of Energy, Mines and Low Carbon Innovation to undertake a review of oil and gas royalty incentives to ensure they meet B.C.’s goals for economic development, a fair return on the public resource, and environmental protection.
B.C. is undertaking a comprehensive review of the entire royalty framework but will focus primarily on natural gas royalties, as there is very little oil produced in B.C.
Natural Gas Royalties
In B.C., the Crown owns most subsurface oil and natural gas reserves. Interested parties can bid on the exclusive right to explore for or produce oil and gas located in Crown reserves. Rights are issued to successful bidders as a form of subsurface tenure, but activity cannot begin until activity permits are obtained from the B.C. Oil and Gas Commission.
If a company is successful in finding natural gas, it then pays a royalty on every unit of natural gas produced. These royalties depend on natural gas prices and volume of production. Royalties also depend on various royalty deductions and incentives.
The Deep Well Royalty Program was created in 2003 and initially intended to offset higher drilling and completion costs incurred by wells that are considered particularly deep. Royalty incentives reduce royalties payable to the Crown when production occurs.
Reconciliation
The Province is dedicated to reconciliation with Indigenous Peoples as committed to through the Declaration on the Rights of Indigenous Peoples Act (Declaration Act).
As part of the royalty review, the Province engaged on a government-to-government basis with First Nations with asserted treaty or aboriginal rights located within the area of oil and natural gas development to understand those Nations’ views on how to balance the goals for the royalty review and on proposed changes to the royalty system to consider measures that will avoid, minimize, or address impacts on their interests. Indigenous Peoples throughout B.C. also had the opportunity to provide feedback on the Discussion Paper. Working cooperatively is crucial to develop policy that balances the interests of Indigenous Peoples with the Province’s goals for the royalty review.