Exclusion List Regulations, 2007 (SOR/2007-108)

Regulations are current to 2014-09-29 and last amended on 2010-07-12. Previous Versions

Exclusion List Regulations, 2007

SOR/2007-108

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Registration 2007-05-31

Exclusion List Regulations, 2007

P.C. 2007-835 2007-05-31

Whereas the Governor in Council is satisfied that the environmental effects of certain projects in relation to physical works are insignificant;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subparagraph 59(c)(ii)Footnote a of the Canadian Environmental Assessment ActFootnote b, hereby makes the annexed Exclusion List Regulations, 2007.

INTERPRETATION

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

    “Act”

    “Act” means the Canadian Environmental Assessment Act. (Loi)

    “building”

    “building” means a roofed physical work. (bâtiment)

    “Building Canada Plan”

    “Building Canada Plan”[Repealed, 2010, c. 12, s. 2164]

    “dugout”

    “dugout” means an excavation to hold water for consumption by livestock. (étang-réservoir)

    “environmentally sensitive area”

    “environmentally sensitive area”[Repealed, 2010, c. 12, s. 2164]

    “essential systems”

    “essential systems” means the systems and equipment essential to the operation of a physical work including electrical, heating, fire-prevention, plumbing or security systems and equipment. It does not include systems or equipment that produce goods or energy primarily for any purpose other than the operation of the physical work. (système essentiel)

    “expansion”

    “expansion” means an increase in the exterior dimensions or the production capacity of a physical work. (agrandissement)

    “footprint”

    “footprint” means the area of land occupied by a building or other structure at ground level. (superficie)

    “heritage structure”

    “heritage structure” means a building or other structure that is marked or otherwise commemorated under paragraph 3(a) of the Historic Sites and Monuments Act. (structure du patrimoine)

    “historic canal”

    “historic canal” has the same meaning as in section 2 of the Historic Canals Regulations and includes any federal lands appertaining or incident to a historic canal. (canal historique)

    “hook-up”

    “hook-up” means a structure or line that is used to connect a physical work to a main gas, oil, sewer, water, electrical power or telecommunication line. (raccordement)

    “intelligent transportation system”

    “intelligent transportation system”[Repealed, 2010, c. 12, s. 2164]

    “international electrical power line”

    “international electrical power line” means an electrical power line constructed or operated for the purpose of conveying electricity from a place in Canada to a place outside Canada or to a place in Canada from a place outside Canada. (ligne internationale de transport d’électricité)

    “irrigation system”

    “irrigation system” means any of the following that is used for irrigating agricultural land:

    • (a) a buried pipeline;

    • (b) a pipe;

    • (c) a pump;

    • (d) a pump house;

    • (e) a reservoir;

    • (f) a drain; or

    • (g) a canal lined with asphalt, wood, concrete or other material. (système d’irrigation)

    “modification”

    “modification” means an alteration to a physical work that does not alter the purpose or function of the work. It does not include an expansion or a relocation. (modification)

    “national historic site”

    “national historic site” means a place that is marked or otherwise commemorated under paragraph 3(a) 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 park named and described in Schedule 1 to the Canada National Parks Act, or a park established under a federal-provincial agreement that is under the responsibility of the Minister of the Environment. (parc national)

    “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 and gas pipeline”

    “oil and gas pipeline” means a pipeline that is used, or is intended to be used, for the transmission of hydrocarbons alone or with any other commodity. (pipeline d’hydrocarbures)

    “park reserve”

    “park reserve” means a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act or a reserve established under a federal-provincial agreement that is under the responsibility of the Minister of the Environment. (réserve)

    “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 plants, animals and human beings. (substance polluante)

    “sealed source”

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

    “serviced”

    “serviced” in relation to a building lot, means equipped with hook-ups to water and sewage mains for water supply and for sewage disposal by way of a centralized municipal or community sewer and water system. (viabilisé)

    “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)

    “water body”

    “water body” includes a lake, a canal, a reservoir, an ocean, a river and its tributaries and a wetland, up to the annual high-water mark, but does not include a sewage or waste treatment lagoon, a mine tailings pond, an artificial irrigation pond, a dugout or a ditch that does not contain fish habitat as defined in subsection 34(1) of the Fisheries Act. (plan d’eau)

    “wetland”

    “wetland” means a swamp, marsh, bog, fen or other land that is covered by shallow water seasonally or permanently, including land where the water table is located at or close to the surface. (terres humides)

  • (2) For greater certainty, a reference to any physical work includes a reference to its essential systems.

  • SOR/2009-88, s. 1;
  • 2010, c. 12, s. 2164.

GENERAL

 The projects and classes of projects that are set out in Schedule 1 and to be carried out in places other than a national park, park reserve, national historic site or historic canal are exempted from the requirement to conduct an assessment under the Act.

 The projects and classes of projects that are set out in Schedule 2 and to be carried out in a national park, park reserve or national historic site are exempted from the requirement to conduct an assessment under the Act.

 The projects and classes of projects that are set out in Schedule 2 or 3 and to be carried out in a historic canal are exempted from the requirement to conduct an assessment under the Act.

 [Repealed, 2010, c. 12, s. 2165]

COMING INTO FORCE

 These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Section 2)EXCLUSION LIST FOR PLACES OTHER THAN NATIONAL PARKS, PARK RESERVES, NATIONAL HISTORIC SITES OR HISTORIC CANALS

PART 1GENERAL PROJECTS

  • 1. The proposed maintenance or repair of a physical work.

  • 2. The proposed resumption or continuation of the operation of a physical work, the operation of which is otherwise exempted under these Regulations.

  • 3. The proposed resumption of the operation of a physical work, the operation of which is not otherwise exempted under these Regulations if

    • (a) the operation is the same as an operation of the physical work for which an environmental assessment has been conducted under either the Act or the Environmental Assessment Review Process Guidelines Order;

    • (b) as a result of the assessment, the operation was determined to be unlikely to cause significant adverse environmental effects, taking into account the implementation of mitigation measures, if any; and

    • (c) the mitigation measures and follow-up program, if any, have been substantially implemented.

    • 4. (1) The proposed continued operation or continued decommissioning of a physical work, the operation or decommissioning of which is not otherwise exempted under these Regulations, if

      • (a) the continued operation or decommissioning is the same as the current operation or decommissioning and there is no interruption between the current and proposed operation or decommissioning;

      • (b) a federal authority or an entity referred to in sections 8 to 10 of the Act, in conjunction with its exercise of a power or performance of a duty or function that enabled the current operation or decommissioning to be carried out, determined the current operation or decommissioning to be unlikely to cause significant adverse environmental effects, taking into account the implementation of any mitigation measures; and

      • (c) the mitigation measures and follow-up program, if any, have been substantially implemented.

    • (2) For the purpose of paragraph (1)(a), a change of operator does not in itself mean that the proposed continued operation or decommissioning is different from the current operation or decommissioning.

  • 5. The proposed construction, installation, operation, expansion, modification or decommissioning of a physical work that is not otherwise referred to in this Schedule, if the project

    • (a) in the case of a decommissioning, is not to be carried out on a physical work with a footprint greater than 25 m2;

    • (b) does not result in a physical work with a footprint greater than 25 m2;

    • (c) is not to be carried out within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

    • 6. (1) The proposed construction, installation, operation, expansion or modification of a building that is only to be used in one or more of the ways set out in subsection (2) if the project

      • (a) is to be carried out on

        • (i) a serviced building lot on which the building is to be connected to the lot’s hook-ups to water and sewage mains, or

        • (ii) unserviced land and the project does not result in a building with a footprint greater than

          • (A) in the case of construction or installation, 500 m2, and

          • (B) in the case of an expansion, the greater of

            • (I) 500 m2, and

            • (II) an area that is 10% larger than its footprint on the day on which these Regulations come into force or, if the building does not exist on that day, on the day of completion of its original construction;

      • (b) is not to be carried out within 30 m of a water body; and

      • (c) does not involve the likely release of a polluting substance into a water body.

    • (2) The following uses are set out for the purpose of subsection (1):

      • (a) providing residential, hotel, institutional or other accommodations;

      • (b) providing offices, meeting rooms and related facilities;

      • (c) providing facilities and services to passengers of common carriers;

      • (d) providing retail sales facilities;

      • (e) providing medical facilities and services;

      • (f) providing educational or informational facilities and services;

      • (g) providing recreational facilities and services;

      • (h) providing restaurant and food take-out services;

      • (i) providing parking facilities;

      • (j) presenting artistic, cultural, sporting and other community-related events;

      • (k) storing any article or substance that is not hazardous to human beings or the environment; and

      • (l) providing facilities and services for the posting, receipt, sorting, handling, transmission or delivery of mail.

  • 7. The proposed construction, installation, operation or modification of a building, other than a building to be used exclusively for one or more of the purposes set out in subsection 6(2), if

    • (a) the project does not result in a building with a footprint greater than 100 m2 or a height greater than 5 m;

    • (b) the project is not to be carried out within 30 m of a water body; and

    • (c) the project does not involve the likely release of a polluting substance into a water body.

  • 8. The proposed expansion of a building, other than a building to be used exclusively for one or more of the purposes set out in subsection 6(2), if the project

    • (a) results in a building with a footprint no more than the greater of 100 m2 and a footprint that is 10% larger than its footprint on the day on which these Regulations come into force or, if the building does not exist on that day, on the day of completion of its original construction;

    • (b) results in a building with a height no more than the greater of 5 m and a height that is 10% more than its height on the day on which these Regulations come into force, or, if the building does not exist on that day, on the day of completion of its original construction;

    • (c) is not to be carried out within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 9. The proposed decommissioning of a building with a footprint no more than 1000 m2 if the project

    • (a) is not to be carried out within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 10. The proposed demolition of a building with a floor area no greater than 1000 m2 if the project

    • (a) is not to be carried out within 30 m of another building;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 11. The proposed operation of a nursing station or health centre having a floor area of no more than 1000 m2, or a treatment centre having a floor area of no more than 2000 m2, if the project

    • (a) is not to be carried out within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 12. The proposed construction, installation, operation, expansion or modification of a sidewalk, a boardwalk, a path, a pedestrian ramp or an access road if the project

    • (a) is to be carried out

      • (i) on a serviced building lot,

      • (ii) on unserviced land and the project does not affect permafrost and results in a physical work with a length no more than

        • (A) in the case of construction or installation, 100 m, and

        • (B) in the case of an expansion, the greater of 100 m and a length that is 10% more than the length of the physical work on the day on which these Regulations come into force or, if the physical work does not exist on that day, on the day of completion of its original construction, or

      • (iii) for a sidewalk, boardwalk, path or pedestrian ramp, on unserviced land alongside a building or road and the project does not affect permafrost;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 13. The proposed construction, operation, expansion or modification of a parking lot if the project

    • (a) is to be carried out on

      • (i) a serviced building lot, or

      • (ii) unserviced land and the project does not affect permafrost and results in a parking lot having an area no more than

        • (A) in the case of construction, 500 m2, and

        • (B) in the case of an expansion, the greater of 500 m2 and an area that is 10% larger than the area of the parking lot on the day on which these Regulations come into force or, if the parking lot does not exist on that day, on the day of completion of its original construction;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 14. The proposed construction, installation, operation, expansion, modification or removal of a fence that does not prevent the passage of wild animals if the project

    • (a) is not to be carried out within 3 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 15. The proposed construction, installation, operation, expansion, modification or removal of a fence that prevents the passage of wild animals if the project

    • (a) in the case of a construction or installation, is to be carried out entirely within 30 m of a non-linear physical work;

    • (b) in the case of an expansion, results in a fence with a length or height that is no more than 35% greater than its length or height on the day on which these Regulations come into force, or, if the fence does not exist on that day, on the day of completion of its original construction;

    • (c) is not to be carried out within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 16. The proposed construction, installation, operation, expansion, modification, decommissioning, abandonment or removal of a hydrant or hook-up if

    • (a) the hydrant or hook-up is part of a farm or municipal system of distribution; and

    • (b) the project does not involve the crossing of a water body, other than an aerial crossing by a telecommunication or electrical power line.

  • 17. The proposed construction, installation, operation, expansion, modification or removal of a sign if the project does not involve the likely release of a polluting substance into a water body.

  • 18. The proposed construction, installation, operation, expansion, modification or decommissioning of an environmental scientific data collection instrument, including its housing and enclosure, if the project

    • (a) is not to be carried out within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 19. The proposed construction, installation, operation, expansion or modification of a temporary exhibition structure inside, or affixed to the exterior of, a building.

    • 20. (1) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure

      • (a) if

        • (i) the antenna and supporting structure are either affixed to a building or located entirely within 15 m of a building, or

        • (ii) the antenna, its supporting structure, or any of its supporting lines has a footprint of no more than 25 m2;

      • (b) if the project is not to be carried out within 30 m of a water body; and

      • (c) if the project does not involve the likely release of a polluting substance into a water body.

    • (2) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure within 30 m of a water body if

      • (a) the antenna and its supporting structure are affixed to a building;

      • (b) the project results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the building to which it is affixed; and

      • (c) the project does not involve the likely release of a polluting substance into a water body.

    • (3) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure that are affixed to a physical work other than a building if the project

      • (a) results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the physical work to which it is affixed; and

      • (b) does not involve the likely release of a polluting substance into a water body.

  • 21. The proposed construction, installation, operation, expansion, modification or removal of a temporary field camp used for scientific or technical research, or for reforestation, if

    • (a) the temporary field camp will be in use for fewer than 200 person-days;

    • (b) the project is not to be carried out within 30 m of a water body; and

    • (c) the project does not involve the likely release of a polluting substance into a water body.

  • 22. The proposed construction, installation, operation, modification or removal of a structure intended to house wild animals if

    • (a) the structure has a footprint that is no more than 5 m2;

    • (b) the structure does not house species raised for commercial purposes;

    • (c) the project does not involve the use of vehicles or heavy machinery within 30 m of a water body; and

    • (d) the project does not involve the likely release of a polluting substance into a water body.

  • 23. The proposed installation, operation, expansion, modification, removal or decommissioning of an aboveground storage tank system to be used for storing petroleum products or allied petroleum products if the project

    • (a) results in a system with a total capacity of no more than 4000 L;

    • (b) is conducted in accordance with the Technical Guidelines for Aboveground Storage Tank Systems Containing Petroleum Products (P.C. 1996-1233) made under the Canadian Environmental Protection Act and dated August 7, 1996, as amended from time to time;

    • (c) is not to be carried out within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 24. The proposed construction, installation or modification of a Canada-United States international boundary monument.

  • 25. The proposed installation and operation of additional equipment in a factory that produces sporting ammunition, or bulk explosives based on ammonium nitrate, sodium nitrate or calcium nitrate, or the proposed modification of any equipment in the factory, if the project

    • (a) results in the factory having a production capacity that is no more than 20% greater than its production capacity on the day on which these Regulations come into force or, if the factory does not exist on that day, on the day on which the operation of the factory commences;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 25.1 The proposed construction, installation, operation, expansion, modification, decommissioning or removal of a receptacle and its base and enclosure, if any, that is to be used exclusively for the collection, delivery or storage of mail, if the project

    • (a) does not result in a physical work with a footprint greater than 25 m2;

    • (b) is carried out on land; and

    • (c) does not involve the likely release of a polluting substance into a water body.

PART 2AGRICULTURE

  • 26. The proposed construction, installation, operation, expansion or modification of a building located on agricultural land if

    • (a) the building is essential to the practice of farming and is not to be used to store a polluting substance;

    • (b) the project is to be carried out on

      • (i) a serviced building lot, or

      • (ii) unserviced land if the project results in a building with a footprint no more than

        • (A) in the case of construction or installation, 750 m2, and

        • (B) in the case of an expansion, the greater of

          • (I) 750 m2, and

          • (II) a footprint that is 10% larger than the footprint that exists on the day on which these Regulations come into force or, if the building does not exist on that day, on the day of completion of its original construction;

    • (c) the project is not to be carried out within 30 m of a water body; and

    • (d) the project does not involve the likely release of a polluting substance into a water body.

  • 27. The proposed construction, installation, operation, expansion, modification or decommissioning of a domestic or farm water supply system or dugout on agricultural land if the project

    • (a) is not to be carried out, except in respect of an intake pipe, within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 28. The proposed construction, installation, operation, expansion or decommissioning of a domestic or farm irrigation system on agricultural land if the project

    • (a) is not to be carried out, except in respect of an intake pipe, within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 29. The proposed modification of a domestic or farm irrigation system if the project does not involve the likely release of a polluting substance into a water body.

  • 30. The proposed construction, operation, modification, expansion or decommissioning of a drainage structure on agricultural land, other than a structure that drains into a water body, if the project

    • (a) is not to be carried out within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

PART 3ELECTRICAL ENERGY

  • 31. The proposed construction or installation of an electrical power line with a voltage of not more than 130 kV, other than an international electrical power line, if the project

    • (a) is to be carried out alongside a road, a railway line, an electrical power line, a telecommunication line or any other linear physical work;

    • (b) does not involve the placement in a water body of the supporting structures for the electrical power line; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 32. The proposed expansion or modification of a telecommunication line or an electrical power line, other than an international electrical power line, if the project

    • (a) results in a line that is no more than 10% longer than it is on the day on which these Regulations come into force or, if the line did not exist on that day, on the day of completion of its original construction;

    • (b) is to be carried out alongside a road, a railway line, an electrical power line, a telecommunication line or any other linear physical work;

    • (c) does not involve the placement in a water body of the supporting structures for the telecommunication line or electrical power line; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 33. The proposed construction, installation, operation, expansion or modification of a substation that is associated with an electrical power line, other than an international electrical power line, having a voltage of not more than 130 kV or with a telecommunication line, if the project

    • (a) is to be carried out adjacent to the telecommunication or electrical power line;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 34. The proposed construction, installation, operation, expansion or modification of an international electrical power line with a voltage of not more than 50 kV if the project

    • (a) is to be carried out alongside a road, a railway line, an electrical power line, a telecommunication line or any other linear physical work;

    • (b) does not result in more than 4 km of the line extending outside Canada;

    • (c) does not involve the placement of the supporting structures for the line within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 35. The proposed expansion or modification of a wind turbine farm if

    • (a) in the case of an expansion of a farm having no more than 15 wind turbines, the expansion results in no more than 3 additional wind turbines on the farm and a production capacity that is no more than 50% greater than its capacity on the day on which these Regulations come into force or, if the farm does not exist on that day, on the day of completion of its original construction;

    • (b) in the case of an expansion of a farm having more than 15 wind turbines, the expansion results in the farm having a production capacity that is no more than 20% greater than its capacity on the day on which these Regulations come into force or, if the farm does not exist on that day, on the day of completion of its original construction;

    • (c) the construction and operation of the wind turbine farm were already subjected to an environmental assessment conducted under either the Act or the Environmental Assessment Review Process Guidelines Order;

    • (d) as a result of the assessment, the construction and operation were determined to be unlikely to cause significant adverse environmental effects, taking into account the implementation of mitigation measures, if any;

    • (e) the mitigation measures and follow-up program, if any, have been substantially implemented and any results of the follow-up program do not contradict the determination made in paragraph (d);

    • (f) the project is located entirely within the geographical parameters of a project referred to in paragraph (c) and includes the same mitigation measures that were implemented as a result of the assessment;

    • (g) the project is not to be carried out within

    • (h) the project is not to be carried out within 30 m of a water body; and

    • (i) the project does not involve the likely release of a polluting substance into a water body.

PART 4NUCLEAR ENERGY

  • 36. The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of

  • 37. The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of a physical work for the processing of nuclear substances or the manufacture of sealed sources if the activity of the annual throughput of nuclear substances is no more than 1 PBq.

  • 38. The proposed construction, installation, operation, modification, decommissioning or abandonment of monitoring, safety or security equipment that is affixed or adjacent to a nuclear facility.

  • 39. The proposed modification of a nuclear facility that is the same as a modification of that nuclear facility for which an environmental assessment has been conducted under either the Act or the Environmental Assessment Review Process Guidelines Order if, as a result of the assessment,

    • (a) the modification was determined to be unlikely to cause significant adverse environmental effects, taking into account the implementation of mitigation measures, if any; and

    • (b) the mitigation measures and follow-up program, if any, have been substantially implemented.

  • 40. The proposed expansion or modification of an essential system within a nuclear facility if the project

    • (a) is not to be carried out within 30 m of a water body; and

    • (b) does not involve the likely release of a polluting substance into a water body.

PART 5PIPELINES

    • 41. (1) In relation to an onshore oil and gas pipeline or other onshore commodity pipeline, the proposed installation, operation or modification of any of the following components:

      • (a) connections;

      • (b) piping;

      • (c) cathodic protection systems, including rectifiers;

      • (d) valves, including valve vaults and pressure transmitters;

      • (e) compressor and pump station components, including compressors, pumps, motors, silencers, scrubbers, gas seals, system boilers, scraper traps, switch gear, transformers and uninterruptible power supply;

      • (f) a storage tank located within a tank farm if the project is conducted in accordance with the Technical Guidelines for Aboveground Storage Tank Systems Containing Petroleum Products (P.C. 1996-1233) made under the Canadian Environmental Protection Act and dated August 7, 1996, as amended from time to time;

      • (g) storage tank components, including mixers and ladders;

      • (h) metering and regulating facilities;

      • (i) quality measurement systems, including analysers for water or basic sediment, densitometers, calorimeters, in-line viscometers, gas chromatographs and automatic/composite samplers;

      • (j) mechanical and electrical systems of a facility building, including plumbing, air conditioning, heating and ventilation systems, not involving the use or disposal of chlorofluorocarbons;

      • (k) detection and monitoring systems; or

      • (l) pollution reduction systems if those systems are to be added to a compressor station, a pump station, a tank farm or a gas plant for the purpose of reducing the release of pollutants produced in the operation of the facility.

    • (2) Subsection (1) does not apply in respect of the proposed installation of a pipeline component that

      • (a) extends the pipeline beyond the limits of the property that was acquired for the construction of the present pipeline;

      • (b) is to be carried out within 30 m of a water body; or

      • (c) involves the likely release of a polluting substance into a water body, or results in an increase in airborne emissions or noise during the operation of the facility.

  • 42. The proposed relocation and subsequent operation of a section of an onshore oil and gas pipeline or other onshore commodity pipeline if the project

    • (a) does not extend the pipeline beyond the limits of the property that was acquired for the construction of the present pipeline;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body, or result in an increase in airborne emissions or noise during the operation of the pipeline.

    • 43. (1) In relation to an onshore oil and gas pipeline or other onshore commodity pipeline, the proposed construction, installation, operation, expansion or modification of

      • (a) a security fence;

      • (b) a component needed for an in-line mechanical device used for inspecting or cleaning the pipeline;

      • (c) a salt cavern for natural gas storage;

      • (d) a brine pond or brine pond cover;

      • (e) an emergency power gas tank;

      • (f) a microwave dish and associated cables;

      • (g) a containment alarm;

      • (h) a corrosion inhibitor tank; or

      • (i) a pump and associated tubing.

    • (2) Subsection (1) does not apply in respect of a project that

      • (a) extends any component of the pipeline beyond the limits of the property that was acquired for the construction of the present pipeline;

      • (b) is to be carried out within 30 m of a water body; or

      • (c) involves the likely release of a polluting substance into a water body.

PART 6FORESTRY

  • 44. The proposed expansion or modification of a drainage structure on forested land, other than a structure that drains into a water body, if the project

    • (a) results in the structure being no more than 10% longer than it is on the day on which these Regulations come into force or, if the structure does not exist on that day, on the day of completion of its original construction; and

    • (b) is not to be carried out in Yukon, the Northwest Territories or Nunavut.

PART 7WATER-RELATED PROJECTS

  • 45. The proposed construction, operation, expansion, modification or demolition of a bait storage depot, net repair area or patrol cabin or other structure associated primarily with fishing or the use of small pleasure craft if the project

    • (a) results in a structure with a footprint no more than 100 m2 and a height no more than 5 m;

    • (b) is to be carried out on land; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 46. The proposed construction, installation, operation, expansion or modification of a fish habitat improvement structure if the project does not involve the use of heavy machinery.

    • 47. (1) The proposed construction, installation or operation of a floating wharf or dock or a wharf or dock that has legs or piles that are not inserted into the substrate if

      • (a) the wharf or dock is not attached to the shore below the annual high-water mark; and

      • (b) the project does not involve the likely release of a polluting substance into a water body.

    • (2) The proposed re-installation, expansion or modification of a floating wharf or dock or a wharf or dock that has legs or piles that are not inserted into the substrate if

      • (a) in the case of an expansion, the project results in a wharf or dock that has an area no more than 10% larger than its area on the day on which these Regulations come into force or, if the wharf or dock does not exist on that day, on the day of completion of its original construction; and

      • (b) the project does not involve the likely release of a polluting substance into a water body.

  • 48. The proposed modification of a wharf or dock that has legs or piles that are inserted into the substrate, or of a breakwater that is accessible by land, if the project

    • (a) is not to be carried out below the annual high-water mark; and

    • (b) does not involve the likely release of a polluting substance into a water body.

  • 49. The proposed demolition of all or part of a wharf or dock if the project

    • (a) does not involve the use of explosives;

    • (b) involves the removal from the water of all demolished portions of the wharf or dock;

    • (c) does not involve the use of vehicles or heavy machinery on the substrate; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 50. The proposed construction, installation, operation, expansion, modification, decommissioning, removal or abandonment of a single-span bridge and any supporting structures if the project

    • (a) results in a bridge that is no more than 30 m long and 20 m wide;

    • (b) does not involve the installation of any supporting structures in a water body;

    • (c) is not to be carried out in a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 51. The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of a single-span aerial cable and any supporting structures if the project

    • (a) does not involve the installation of any supporting structures in a water body;

    • (b) is not to be carried out in a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 52. The proposed construction, installation, operation, modification, decommissioning or removal of a device used for the capture or enumeration of fish for resource management purposes if the project does not involve

    • (a) the use of heavy machinery; and

    • (b) the likely release of a polluting substance into a water body.

  • 53. The proposed operation of a bridge, a culvert, a dock, a wharf, an aerial cable or a run-of-the-river dam for which approval under subsection 6(4) of the Navigable Waters Protection Act is required if

    • (a) the construction of the bridge, culvert, dock, wharf, aerial cable or run-of-the-river dam is completed before the day on which these Regulations come into force; and

    • (b) the project does not involve the likely release of a polluting substance into a water body.

PART 8TRANSPORTATION

  • 54. The proposed expansion or modification of a runway, taxiway, parking area or other paved or gravel area used for the operation or servicing of aircraft within the boundary of an airport, as defined in subsection 3(1) of the Aeronautics Act, if the project

    • (a) results in the paved or gravel area having an area that is no more than 10% larger than its area on the day on which these Regulations come into force or, if the area does not exist on that day, on the day of completion of its original construction;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 55. The proposed modification of aircraft manoeuvring lights or navigational aids.

  • 56. The proposed construction, installation, operation, expansion or modification of an automatic warning structure at a railway level crossing.

  • 57. The proposed construction, installation, operation, expansion or modification of a railway traffic control signal structure if the project is to be carried out next to a railway line.

    • 58. (1) The proposed construction, installation, operation, modification, abandonment or replacement of a portion of the following physical works if that portion is located alongside or underneath a railway or road:

      • (a) an oil and gas pipeline or other commodity pipeline;

      • (b) a water pipe;

      • (c) a sewer or drain;

      • (d) a steam line or tunnel; or

      • (e) a buried telecommunication or electrical power line.

    • (2) Subsection (1) does not apply if the project

      • (a) is to be carried out within 30 m of a water body; or

      • (b) involves the likely release of a polluting substance into a water body, or results in an increase in airborne emissions or noise during the operation of the physical work.

  • 59. The proposed expansion or modification of a railway line, and the proposed construction, expansion, modification or replacement of a culvert that crosses under the railway line, if the project

    • (a) is to be carried out within

      • (i) the property that was acquired for the construction of the existing railway line, or

      • (ii) 100 m of the centre line of the existing railway line for a distance of no more than 3 km;

    • (b) does not result in a culvert that extends more than 10 m beyond the railway roadbed;

    • (c) is not to be carried out within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 60. The proposed modification or closure of a road crossing, as defined in subsection 4(1) of the Railway Safety Act, if the project

    • (a) is to be carried out within the property that was acquired for the construction of the existing railway or road;

    • (b) does not require an authorization under subsection 101(3) of the Canada Transportation Act;

    • (c) is not to be carried out within 30 m of a water body; and

    • (d) does not involve the likely release of a polluting substance into a water body.

  • 61. The proposed construction or operation of a railway spur line no more than 500 m in length, and the proposed construction of any culvert that crosses under the spur line, if the project

    • (a) does not result in a culvert that extends more than 10 m beyond the railway roadbed;

    • (b) is not to be carried out within 30 m of a water body; and

    • (c) does not involve the likely release of a polluting substance into a water body.

  • 62. The proposed expansion or modification of a road, and the proposed expansion, modification or replacement of a culvert that crosses under the road, if the project

    • (a) does not lengthen the road;

    • (b) does not widen the road by more than one lane beyond the number of lanes contained within the road on the day on which these Regulations come into force or, if the road does not exist on that day, on the day of completion of its original construction;

    • (c) does not result in a culvert that extends more than 10 m beyond the roadbed;

    • (d) is not to be carried out within 30 m of a water body; and

    • (e) does not involve the likely release of a polluting substance into a water body.

  • SOR/2008-259, ss. 1(F), 2 to 4, 5 to 8(F), 11(F).

SCHEDULE 2(Sections 3 and 4)EXCLUSION LIST FOR NATIONAL PARKS, PARK RESERVES, NATIONAL HISTORIC SITES AND HISTORIC CANALS

  • 1. The proposed maintenance, repair or modification of a structure, other than a heritage structure, if the project does not

    • (a) involve a change in the method of sewage disposal, or an increase in the amount of sewage, waste or emissions;

    • (b) involve an excavation beyond the footprint of the structure;

    • (c) create a need for related facilities such as parking spaces;

    • (d) affect permafrost; and

    • (e) involve the likely release of a polluting substance into the environment.

  • 2. The proposed operation, maintenance, repair, expansion or modification of a structure, other than a heritage structure, located in the Town of Banff or the Town of Jasper as they are described in Schedule I to the National Parks of Canada Lease and Licence of Occupation Regulations, in a resort subdivision described in Schedule II to those Regulations or in a visitor centre described in Schedule III to those Regulations, if the project

    • (a) when it is to be carried out on land subject to a lease, does not extend beyond the limits of that land;

    • (b) results in a structure with a footprint or height that is no more than 10% greater than its footprint or height on the day on which these Regulations come into force or, if the structure does not exist on that day, on the day of completion of its original construction;

    • (c) does not involve the cutting of indigenous trees;

    • (d) is not to be carried out in, on or above a water body; and

    • (e) does not involve the likely release of a polluting substance into the environment.

  • 3. The proposed routine and non-destructive actions necessary to prevent or slow the deterioration of a heritage structure if the project

    • (a) does not involve an excavation beyond the footprint of the structure;

    • (b) does not affect permafrost;

    • (c) does not involve the cutting of indigenous trees;

    • (d) is not to be carried out in, on or above a water body; and

    • (e) does not involve the likely release of a polluting substance into the environment.

  • 4. The proposed maintenance or repair of a sidewalk, boardwalk or parking lot if the project does not

    • (a) involve the use of heavy machinery; and

    • (b) affect permafrost.

  • 5. The proposed maintenance or repair of a fence.

  • 6. The proposed construction, installation, operation, maintenance, repair or removal of a sign, flagpole, bench, lightpole or firewood container if the project

    • (a) is to be carried out

      • (i) within an area already cleared alongside a road, a railway line, an electrical power line, a telecommunication line or any other linear physical work,

      • (ii) within a public campground, as defined in section 2 of the National Parks Camping Regulations, or

      • (iii) within 15 m of a building;

    • (b) does not involve the use of heavy machinery; and

    • (c) does not affect permafrost.

  • 7. The proposed maintenance or repair of a road, including the roadbed and pull-off areas, if the project does not

    • (a) involve the application of a dust control product or salt or the application of a pest control product as defined in subsection 2(1) of the Pest Control Products Act; and

    • (b) result in the likely release of a polluting substance into a water body.

  • 8. The proposed maintenance or repair of an environmental scientific data collection instrument and its housing and enclosure.

  • 9. The proposed construction, installation or operation of an interpretive display or exhibit associated with another physical work if the project

    • (a) does not require an expansion of the other physical work;

    • (b) is not located in a special preservation area or a wilderness area set out in a management plan referred to in section 11 of the Canada National Parks Act; and

    • (c) does not affect permafrost.

  • 10. The proposed construction, installation, modification, maintenance, repair or removal of a handrail or guardrail fastened to another physical work.

  • 11. The proposed maintenance or repair of a fire tower.

  • 12. The proposed operation of a physical work that is the same as an operation for which an environmental assessment has been previously conducted under the Act or the Environmental Assessment and Review Process Guidelines Order if, as a result of the assessment,

    • (a) the operation was determined to be unlikely to cause significant adverse environmental effects, taking into account the implementation of mitigation measures, if any; and

    • (b) the mitigation measures and follow-up program, if any, have been implemented as required in accordance with any timetable established by the responsible authority.

  • 13. The proposed modification, maintenance or repair of a buried water, sewer, gas, electricity or telephone service line, other than a line crossing a water body, in the Town of Banff or the Town of Jasper as they are described in Schedule I to the National Parks of Canada Lease and Licence of Occupation Regulations, in a resort subdivision described in Schedule II to those Regulations or in a visitor centre described in Schedule III to those Regulations, if the project

    • (a) is to be carried out in a built-up area;

    • (b) does not involve the cutting of indigenous trees;

    • (c) does not increase the operating capacity of the service line;

    • (d) does not involve a risk of physical harm to mammals;

    • (e) is not to be carried out within 30 m of a water body; and

    • (f) does not involve the likely release of a polluting substance into the environment.

  • SOR/2008-259, ss. 9, 10(F), 11(F).

SCHEDULE 3(Section 4)EXCLUSION LIST FOR HISTORIC CANALS

  • 1. The proposed maintenance or repair of a historic canal, including its lock chambers and adjacent gains, dams and retaining walls, if the project does not involve

    • (a) the removal or the lowering of the level of the water in any part of the canal outside a lock chamber or series of lock chambers and adjacent gains at the same lock station;

    • (b) dredging, blasting or filling; and

    • (c) the likely release of a polluting substance into the canal.

  • 2. The proposed maintenance or repair of a base for navigational aids or a physical work used to control the flow of water in the main channel of a historic canal or as a breakwater if the project does not result in the likely release of a polluting substance into the environment.

  • 3. The proposed construction, installation, operation, maintenance or repair of an in-water structure that does not have a solid foundation or does not penetrate the bed of a historic canal if the project does not involve

    • (a) the use of heavy machinery on the bed of the canal to install or maintain the structure;

    • (b) dredging; and

    • (c) the likely release of a polluting substance into the canal.

  • 4. The proposed construction, installation, maintenance or repair of shore stabilization works if the project does not involve

    • (a) dredging or excavation;

    • (b) the use of heavy machinery on the bed of a historic canal;

    • (c) an encroachment on the bed of the canal; and

    • (d) the likely release of a polluting substance into the canal.

  • 5. The proposed construction, installation, operation, maintenance or repair of a non-commercial marine railway or boat lift if the project does not involve

    • (a) dredging or excavation;

    • (b) the use of heavy machinery on the bed of a historic canal; and

    • (c) the likely release of a polluting substance into the canal.

  • 6. The proposed construction, installation, operation, maintenance or repair of an aerial telecommunication or electrical power line that crosses a historic canal and is supported solely by a single pole on either side of the canal.

  • 7. The proposed construction, installation, operation, maintenance or repair of a submarine cable or submarine utility pipeline, other than an oil and gas pipeline, if the project does not involve

    • (a) the crossing of a wetland; and

    • (b) an alteration to the bed of a historic canal.

SCHEDULE 4

[Repealed, 2010, c. 12, s. 2166]