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

Regulations are current to 2016-06-21 and last amended on 2010-07-12. Previous Versions

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.

 
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