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

Regulations are current to 2014-12-08 and last amended on 2010-07-12. Previous Versions

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).