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Forest reclamation to certificate in Alberta and BC

In Alberta, a reclamation certificate certifies that land disturbed by a project has been restored and the regulator's reclamation requirements have been met. In BC, energy sites on Crown land are restored under the Environmental Protection and Management Regulation.

Alberta: what the certificate means

The objective of conservation and reclamation in Alberta is to return the land to an equivalent land capability. That means the land can support land uses similar to those it supported before, though the individual uses will not necessarily be identical. Every company must obtain a reclamation certificate to close its projects and end its surface leases.

Certificates are issued by both Alberta Environment and Protected Areas and the Alberta Energy Regulator. The Regulator issues them for the activities it regulates, such as well sites, and the Ministry for activities such as sand and gravel pits on private land.

Alberta: before applying

A company must clean up any contamination, such as spills, before applying; that starts with a Phase 1 environmental site assessment to find out whether the site is, or may be, contaminated. A company can apply once the reclamation work is done, the site meets its reclamation criteria for the end land use, and professional sign-off has been obtained.

On forested land, the 2010 criteria for wellsites and associated facilities measure whether the land works comparably to the surrounding area or a suitable reference. They typically require landscape, vegetation and soils assessments. Where no form is provided, the regulation asks the application to describe the reclaimed land, including topography, drainage, soils, vegetation and land capability, and to document how it was reclaimed.

Alberta: timing on forested land

  • Where a site was planted with seedlings, at least two growing seasons must pass before the vegetation assessment for a certificate application.
  • The minimum stem count is 5,000 stems per hectare on natural recovery sites, and 2,000 per hectare where seedlings were planted.
  • Where a soil amendment such as fertilizer is applied only on the site, the wait before a vegetation assessment is at least two years.
  • After herbicide, at least one full growing season, including a winter, must pass before the weed control is reassessed and the application submitted.

How long reclamation takes depends on the original land type, and how long revegetation takes depends on how much soil was disturbed.

Alberta: after the certificate

Even after the Alberta Energy Regulator issues a certificate, the company remains responsible for 25 years for surface issues such as topography, vegetation, soil texture and drainage. It remains permanently responsible for contamination and any infrastructure left beneath the surface. The Regulator audits reclamation-certified sites every year, at random or based on risk; its field audits look at vegetation, soil, topography and landscape.

BC: restoring energy sites on Crown land

When a company no longer intends to carry out an energy resource activity on an area, it must restore the area as soon as practicable, including:

  • de-compacting soils and putting back salvaged surface soil;
  • restoring any altered drainage and stabilizing cut and fill slopes at wellsites and facilities;
  • revegetating exposed soil with ecologically suitable species that promote the restoration of the wildlife habitat that existed before;
  • removing stream crossings;
  • re-contouring bladed areas or excavations in pipeline corridors and seismic lines.

Soil de-compaction and soil replacement do not apply to a road right-of-way. For pipelines, restoration is done as soon as practicable while construction is underway, and any work left is done as soon as practicable after construction is completed.

BC: assessment and the Certificate of Restoration

Vegetation assessments are expected after an establishment period of at least two full growing seasons, or at least three where seedlings were planted. In some cases, it may take several years beyond the establishment period to reach the restoration objectives.

The permit holder completes the Regulator's Restoration Assessment form, with a report by a qualified professional confirming the site has been effectively restored; it replaces the former Part 2 application. A pipeline assessment must be completed by a Qualified Reclamation Specialist registered in BC, and looks for problems such as bare areas, too much mulch, invasive plants and poorly reclaimed stream crossings.

The Certificate of Restoration certifies, on the information the Regulator knows at the time, that it is satisfied the obligations have been met. It does not relieve the company of obligations for anything the Regulator did not know when the certificate was issued. Under the Dormancy and Shutdown Regulation, a permit holder must restore a type C site by December 31 of the tenth calendar year after the site's reference year.

How we help

Our restoration plans start from the as-cleared footprint, so they cover the land actually disturbed. Treatment units are planned for planting, seeding and recontouring, and each visit's photos, stems per hectare and cover go on one record. Duties stay proposals until a Registered Professional Forester confirms them, and the forester signs the final assessment once every duty's evidence is in.

Sources

General information, not legal advice. Check the current version of each source for your project.