Assessable Activities, Exceptions and Executive Committee Projects Regulations

SOR/2005-379

YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT ACT

Registration 2005-11-28

Assessable Activities, Exceptions and Executive Committee Projects Regulations

P.C. 2005-2199 2005-11-28

Whereas the Minister of Indian Affairs and Northern Development has consulted with the member of the Executive Council of Yukon designated by the Commissioner of Yukon as the territorial minister for the purposes of the Yukon Environmental and Socio-economic Assessment ActFootnote a and with the first nations, within the meaning of that Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 47(1) and paragraph 122(c) of the Yukon Environmental and Socio-economic Assessment ActFootnote a, hereby makes the annexed Assessable Activities, Exceptions and Executive Committee Projects Regulations.

Interpretation

  •  (1) The following definitions apply in these Regulations.

    aboveground storage tank system

    aboveground storage tank system means a storage tank system in which each container has more than 90% of its volume above surface grade and the system operates at atmospheric pressure plus or minus 10 kPa. (système de réservoirs de stockage hors terre)

    Act

    Act means the Yukon Environmental and Socio-economic Assessment Act. (Loi)

    aerodrome

    aerodrome means any area of land, any water body or any other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any associated structure, facility or installation. (aérodrome)

    airport

    airport means an aerodrome in respect of which a certificate issued under Subpart 2 of Part III of the Canadian Aviation Regulations is in force. (aéroport)

    Class II nuclear facility

    Class II nuclear facility has the same meaning as in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations. (installation nucléaire de catégorie II)

    Class II prescribed equipment

    Class II prescribed equipment has the same meaning as in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations. (équipement réglementé de catégorie II)

    community undertaking

    community undertaking means an undertaking that is located

    • (a) in a municipality or settlement and that uses only a municipal water and sewage system; or

    • (b) in a camp or lodge. (entreprise communautaire)

    contaminant

    contaminant means a contaminant mentioned in Schedule 1 or 3, or a substance for which a table has been set out in Schedule 2, to the Contaminated Sites Regulations, Yukon O.I.C. 2002/171. (polluant)

    contaminated site

    contaminated site means an area of land in which the soil, including any groundwater lying beneath it, or the water, including the sediment and bed below it, contains a contaminant the amount, concentration or level of which is equal to or greater than that prescribed by the Contaminated Sites Regulations, Yukon O.I.C. 2002/171. (site pollué)

    control product

    control product means any product, device, organism, substance or thing that is manufactured, represented, sold or used as a means for directly or indirectly controlling, preventing, destroying, mitigating, attracting or repelling any injurious, noxious or troublesome animal, plant or other organism, including any injurious, noxious or troublesome organic function of an animal, plant or other organism, and includes

    • (a) any compound or substance that enhances or modifies or is intended to enhance or modify the physical or chemical characteristics of a control product to which it is added; and

    • (b) any active ingredient used for the manufacture of a control product. (produit antiparasitaire)

    corridor

    corridor means a path from which trees and brush have been cut to accommodate a water line, fuel line or power line. (corridor)

    Crown land

    Crown land means land vested in Her Majesty in right of Canada, whether the administration and control of the land is appropriated to the Commissioner of Yukon or not. (terre domaniale)

    effective dose

    effective dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose efficace)

    endangered species

    endangered species means those species listed in Part 2 of Schedule 1 to the Species at Risk Act. (espèce en voie de disparition)

    exemption quantity

    exemption quantity has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (quantité d’exemption)

    explosive

    explosive means any thing that is made, manufactured or used to produce an explosion, a detonation or a pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations under the Explosives Act, but does not include gases, organic peroxides and any thing prescribed not to be an explosive by those regulations. (explosif)

    fish

    fish includes shellfish, crustaceans, marine animals and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals. (poissons)

    fish habitat

    fish habitat means spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes. (habitat du poisson)

    food or beverage processing facility

    food or beverage processing facility means a facility established for the processing of food or beverages for commercial purposes and includes

    • (a) an alcohol distilling plant,

    • (b) a brewery,

    • (c) a facility for

      • (i) beverage production,

      • (ii) the bottling or canning of food,

      • (iii) meat or meat products processing,

      • (iv) poultry or poultry products processing,

      • (v) fish or seafood processing,

      • (vi) milk processing, or

      • (vii) the manufacturing of pet, stock or aquaculture food,

    • (d) a rendering operation, and

    • (e) smoking, drying or curing works,

    but does not include a facility, such as a restaurant or bar, whose primary purpose is to prepare and serve food or beverages. (établissement de transformation d’aliments ou de fabrication de boissons)

    foundation

    foundation means the part of a structure that penetrates the ground and supports the structure. (fondation)

    Indian reserve

    Indian reserve has the same meaning as reserve in subsection 2(1) of the Indian Act. (réserve indienne)

    industrial development

    industrial development includes

    • (a) mining and the development of an energy resource or of agricultural land;

    • (b) for commercial purposes, cutting standing or fallen trees or removing fallen or cut trees;

    • (c) the development of a townsite; and

    • (d) any land use or the construction, operation, modification, decommissioning or abandonment of a structure, facility or installation associated with any activity referred to in paragraphs (a) to (c). (développement industriel)

    irradiator

    irradiator has the same meaning as in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations. (irradiateur)

    land treatment facility

    land treatment facility means a facility designed and operated for the purpose of removing, destroying or containing a contaminant found in soil, sediment, snow or other similar material, or for the purpose of carrying out any other activity intended to reduce the exposure of human beings, animals and plants to the contaminant. (installation de traitement des sols)

    local advisory area

    local advisory area has the same meaning as in section 1 of the Municipal Act, R.S.Y. 2002, c. 154. (collectivité locale)

    mapped community

    mapped community means a community in respect of which the boundaries are, for the purpose of this definition, shown on a map deposited with the Board by the territorial minister or the Regional Director General, Yukon Region of the Department of Indian Affairs and Northern Development, on November 28, 2005. (collectivité désignée)

    migratory birds

    migratory birds has the same meaning as in the Convention set out in the schedule to the Migratory Birds Convention Act, 1994, as that Convention is amended from time to time. (oiseaux migrateurs)

    municipality

    municipality means any part of Yukon established as a city or town under the Municipal Act, R.S.Y. 2002, c. 154, and any municipality continued under that Act. (municipalité)

    national historic site

    national historic site means a place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency. (lieu historique national)

    national park

    national park means a national park of Canada named and described in Part 11 of Schedule 1 to the Canada National Parks Act. (parc national)

    national park reserve

    national park reserve means a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act that is in Yukon. (réserve foncière)

    natural gas

    natural gas includes all substances that are produced in association with natural gas, including solution gas, and any substance designated as a gas product by regulations made under section 130 of the National Energy Board Act. (gaz naturel)

    natural gas processing plant

    natural gas processing plant does not include a well-head separator, treater or dehydrator. (usine de traitement de gaz naturel)

    nuclear facility

    nuclear facility has the same meaning as in section 2 of the Nuclear Safety and Control Act. (installation nucléaire)

    nuclear substance

    nuclear substance has the same meaning as in section 2 of the Nuclear Safety and Control Act. (substance nucléaire)

    oil

    oil or petroleum, means

    • (a) crude petroleum, regardless of gravity, produced at a well-head in liquid form; and

    • (b) any other hydrocarbons, except coal and natural gas, including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand, oil shale and other types of deposits. (pétrole)

    oil or natural gas field facility

    oil or natural gas field facility means a battery, a satellite, a pumping station, a compressor station, a well-head separator, treater or dehydrator, a natural gas injection station, a line heater, an oilfield waste storage, treatment, processing or disposal facility, a liquefied natural gas handling facility, a water injection, storage, treatment or disposal station, a truck terminal, a power generating station, a flare system or any system of vessels and equipment designed to accommodate the production, injection, storage, treatment or disposal of well effluent products and by-products. (installation de champ de pétrole ou de gaz naturel)

    oil or natural gas pipeline

    oil or natural gas pipeline means a pipeline that is used, or is intended to be used, for the transmission of oil or natural gas alone or with any other commodity, and includes all property used in connection with or incidental to the operation of the pipeline. (pipeline d’hydrocarbures)

    oil or natural gas pipeline component

    oil or natural gas pipeline component means

    • (a) a connection;

    • (b) piping;

    • (c) a cathodic protection system, including a rectifier;

    • (d) a valve, including a valve vault and pressure transmitter;

    • (e) a compressor and pump station component, including a compressor, pump, motor, silencer, scrubber, natural gas seal, system boiler, scraper trap, switch gear, transformer and uninterruptible power supply;

    • (f) a storage tank component, including a mixer and ladder;

    • (g) a metering and regulating facility;

    • (h) a quality measurement system, including an analyzer for water or basic sediments, a densitometer, calorimeter, in-line viscometer, gas chromatograph and automatic/composite sampler; or

    • (i) a mechanical or electrical system of a facility, including a plumbing, air conditioning, heating or ventilation system not involving the use or disposal of chlorofluorocarbons. (composant d’un pipeline d’hydrocarbures)

    paper product

    paper product includes paper, coated paper, paperboard, hardboard, boxboard, linerboard, insulating board, building board, corrugating medium, tissue, molded cellulose product and any other product directly derived from pulp, but does not include viscose, rayon, cellophane and any other cellulose derivative. (produit de papier)

    petroleum product

    petroleum product has the same meaning as in section 1 of the Storage Tank Regulations, Yukon O.I.C. 1996/194. (produit pétrolier)

    placer grant

    placer grant means a parcel of land described in a grant by a federal agency, the Governor in Council or a territorial agency for the exclusive right to conduct placer mining or, in the case of category A settlement land, by a first nation for the right to conduct placer mining. (concession de placer)

    placer mining

    placer mining means prospecting for or mining gold or other precious minerals found within any natural stratum or bed of earth, gravel or cement. (exploitation d’un placer)

    placer mining operation

    placer mining operation means placer mining, and any other activity in relation to placer mining, undertaken by the same operator on either a placer grant that is not part of a group of claims referred to in a grouping certificate within the meaning of the Placer Mining Act, S.Y. 2003, c. 13, or on any placer grant in the same group if the grants are part of a group of claims referred to in a grouping certificate within the meaning of that Act. (programme d’exploitation d’un placer)

    polluting substance

    polluting substance means a substance that, if added to a water body, is likely to degrade or alter or form part of a process of degradation or alteration of the physical, chemical or biological conditions of the water body to an extent that is detrimental to its use by human beings, animals or plants. (substance polluante dans un plan d’eau)

    power line

    power line means facilities constructed or operated for the purpose of transmitting electricity and includes electrical transmission lines, distribution lines, switching stations and transformers. (ligne d’énergie électrique)

    public road

    public road means a public road within a municipality and a public road outside of a municipality that the Minister responsible for the Highways Act, R.S.Y. 2002, c. 108, has a duty to maintain. (route publique)

    pulp

    pulp means processed cellulose fibres that are derived from wood, other plant material or recycled paper products. (pâte)

    quartz exploration program

    quartz exploration program means exploration for the purpose of quartz mining, and those activities conducted in relation to the exploration, undertaken within a 12-month period by the same operator on one or more quartz grants within an area circumscribed by a circle with a diameter of 20 km. (programme d’exploration du quartz)

    quartz grant

    quartz grant means a parcel of land described in a grant by a federal agency, the Governor in Council or a territorial agency for the exclusive right to conduct quartz mining or exploration for the purpose of quartz mining or, in the case of category A settlement land, by a first nation for the right to conduct quartz mining or exploration for the purpose of quartz mining. (concession de quartz)

    quartz mining

    quartz mining means the mining of minerals contained within a vein, lode or rock in place, other than coal, oil, natural gas, limestone, marble, gypsum, shale, slate, clay, sand, gravel, construction stone, volcanic ash, earth, marl or peat. (exploitation du quartz)

    radiation device

    radiation device has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (appareil à rayonnement)

    railway line

    railway line includes any structure that supports or protects a line of railway or provides drainage for it, a system of switches, signals or other like devices and that facilitates railway operations, or any other structure built across, beside, under or over a line of railway that facilitates railway operations, but does not include a utility crossing or a road crossing. (ligne de chemin de fer)

    road crossing

    road crossing means the part of a road that passes across, over or under a railway track, and includes a structure supporting or protecting that part of the road or facilitating the crossing. (franchissement routier)

    sealed source

    sealed source has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (source scellée)

    solid waste

    solid waste does not include special waste, untreated forest debris and untreated wood products that are not mixed with other materials. (déchets solides)

    solid waste disposal facility

    solid waste disposal facility means a site designed for the handling or disposal by the public of solid waste and includes any machinery, equipment, devices, tanks or other installations used on the site for that purpose and any land, transfer stations or buildings associated with the handling or disposal of solid waste on the site. (installation d’élimination des déchets solides)

    special waste

    special waste has the same meaning as in section 1 of the Special Waste Regulations, Yukon O.I.C. 1995/047. (déchets spéciaux)

    storage tank system

    storage tank system means one or more closed containers with a capacity of more than 230 L each that are designed to be installed in a fixed location and includes all connections, piping, pumps, dispensers, diking, overfill protection equipment and associated spill containment and collection apparatus. (système de réservoirs de stockage)

    subcritical nuclear assembly

    subcritical nuclear assembly means an assembly of fissile material, moderators and reflectors that is not designed to achieve a self-sustaining nuclear chain reaction. (assemblage nucléaire non divergent)

    temporary trail

    temporary trail means a trail that is established or used as part of a quartz exploration program and that is required under a territorial or first nation law to be reclaimed and for which access is required, under that law, to be blocked at the end of the program. (sentier temporaire)

    threatened species

    threatened species means those species listed in Part 3 of Schedule 1 to the Species at Risk Act. (espèce menacée)

    trenching

    trenching means excavation of a trench that extends below the vegetative mat. (creusement de tranchées)

    unsealed source

    unsealed source has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (source non scellée)

    utility crossing

    utility crossing means the part of a line of wire, cable or pipeline, or other like means of enabling the transmission of goods or energy or the provision of services, that passes over or under a railway track, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing. (franchissement par desserte)

    vegetative mat

    vegetative mat means the organic surface of soil, characterized by the accumulation of organic matter, or partly decomposed organic matter, derived mainly from leaves, twigs and woody materials, and includes the root mass of living vegetation. (couvert végétal)

    waste

    waste, for the purposes of Part 9 of Schedule 1 and section 49 of Schedule 3, means

    • (a) any substance that, if added to water, would degrade or alter, or form part of a process of degradation or alteration of, the quality of the water to an extent that is detrimental to its use by human beings, animals or plants; or

    • (b) water that contains a substance in a quantity or concentration, or that has been treated, processed or changed by heat or other means, such that if added to other water, would degrade or alter, or form part of a process of degradation or alteration of, the quality of that other water to the extent described in paragraph (a). (déchet)

    waste oil

    waste oil means oil that has become unsuitable for its intended purpose owing to the presence of impurities or the loss of original properties, and includes oil used as lubrication oil, hydraulic fluid, metal-working fluid, insulating fluid or coolant fluid. (huile usée)

    water body

    water body means an inland water body, up to its ordinary high-water mark, in a liquid or frozen state, including a swamp, marsh, bog, fen, reservoir and any other land that is covered by water during at least three consecutive months of the year, but does not include a sewage or waste treatment lagoon, a dugout to hold water for livestock and a mine tailings pond. (plan d’eau)

    watercourse

    watercourse means a natural watercourse, water body or water supply, including one that contains water intermittently, and includes groundwater, springs, swamps and gulches. (cours d’eau)

    wildlife

    wildlife means a vertebrate animal of any species or type that is wild by nature, and includes wildlife in captivity, but does not include fish nor does it include a species of animal prescribed not to be wildlife by a regulation made under the Wildlife Act, R.S.Y. 2002, c. 229. (animal sauvage)

    wildlife area

    wildlife area means an area of land set out in Part X of Schedule I to the Wildlife Area Regulations. (réserve d’espèces sauvages)

    winter

    winter means the period of the year during which the ground is frozen sufficiently to support a vehicle that applies more than 35 kPa of pressure to the ground without rutting or gouging of the surface and during which there is a sufficient amount of snow on the ground to produce a packed base of at least 10 cm. (hiver)

  • (2) For the purposes of Part 13 of Schedule 1, none of the activities listed in that Part, other than those described in items 14, 19, 28 and 29, include those that are part of a quartz exploration program or a placer mining operation.

  • (3) A reference in these Regulations to an Act or Regulation of Yukon is a reference to that Act or Regulation as amended from time to time.

 
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