Version of document from 2012-07-06 to 2013-10-23:

Regulations Designating Physical Activities

SOR/2012-147

CANADIAN ENVIRONMENTAL ASSESSMENT ACT, 2012

Registration 2012-07-06

Regulations Designating Physical Activities

The Minister of the Environment, pursuant to paragraphs 84(a) and (e) of the Canadian Environmental Assessment Act, 2012Footnote a, makes the annexed Regulations Designating Physical Activities.

Ottawa, July 6, 2012

PETER KENT
Minister of the Environment
Marginal note:Definitions

 The following definitions apply in these Regulations.

abandonment

fermeture

abandonment does not include the temporary cessation of the operation of a physical work. (fermeture)

aerodrome

aérodrome

aerodrome has the same meaning as in subsection 3(1) of the Aeronautics Act. (aérodrome)

airport

aéroport

airport has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéroport)

Class IA nuclear facility

installation nucléaire de catégorie IA

Class IA nuclear facility has the same meaning as in section 1 of the Class I Nuclear Facilities Regulations. (installation nucléaire de catégorie IA)

Class IB nuclear facility

installation nucléaire de catégorie IB

Class IB nuclear facility has the same meaning as in section 1 of the Class I Nuclear Facilities Regulations. (installation nucléaire de catégorie IB)

decommissioning

désaffectation

decommissioning does not include the cessation of the operation of a physical work. (désaffectation)

hazardous waste

déchets dangereux

hazardous waste means hazardous waste as defined in section 1 of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and hazardous recyclable material as defined in section 2 of those Regulations but does not include nuclear substances. (déchets dangereux)

marine terminal

terminal maritime

marine terminal means

  • (a) an area normally used for berthing ships and includes wharves, bulkheads, quays, piers, docks, submerged lands, and areas, structures and equipment that are

    • (i) connected with the movement of goods between ships and shore and their associated storage areas, including areas, structures and equipment used for the receiving, handling, holding, consolidating, loading or delivery of waterborne shipments, or

    • (ii) used for the receiving, holding, regrouping, embarcation or landing of waterborne passengers; and

  • (b) any area adjacent to the areas, structures and equipment referred to in paragraph (a) that is used for their maintenance.

It does not include

  • (a) production, processing or manufacturing areas that include docking facilities used exclusively in respect of those areas; or

  • (b) the storage facilities related to the areas referred to in paragraph (a). (terminal maritime)

migratory bird sanctuary

refuge d’oiseaux migrateurs

migratory bird sanctuary means an area set out in the schedule to the Migratory Bird Sanctuary Regulations. (refuge d’oiseaux migrateurs)

new right of way

nouvelle emprise

new right of way means land that is subject to a right of way that is proposed to be developed for an electrical transmission line, an oil and gas pipeline, a railway line, or an all-season public highway and that is not alongside and contiguous to an existing right of way. (nouvelle emprise)

nuclear facility

installation nucléaire

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

nuclear substance

substance nucléaire

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

offshore

au large des côtes

offshore means located in

  • (a) in a submarine area described in paragraph 3(b) of the Canada Oil and Gas Operations Act in respect of which an authorization under that Act is required for the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas; or

  • (b) an area in respect of which an authorization under the Canada-Newfoundland Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is required for the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas. (au large des côtes)

oil and gas pipeline

pipeline d’hydrocarbures

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

paper product

produit de papier

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

pulp

pâte

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

pulp and paper mill

fabrique de pâtes et papiers

pulp and paper mill means a mill that produces pulp and paper products, but does not include a mill that produces paper products only. (fabrique de pâtes et papiers)

right of way

emprise

right of way means land that is subject to a right of way and that is developed for an electrical transmission line, an oil and gas pipeline, a railway or an all-season public highway. (emprise)

uranium mill

usine de concentration d’uranium

uranium mill means a mill as defined in section 1 of the Uranium Mines and Mills Regulations. (usine de concentration d’uranium)

uranium mine

mine d’uranium

uranium mine means a mine as defined in section 1 of the Uranium Mines and Mills Regulations. (mine d’uranium)

waste management system

système de gestion des déchets

waste management system has the same meaning as in section 1 of the Uranium Mines and Mills Regulations. (système de gestion des déchets)

water body

plan d’eau

water body means any water body, including a canal, a reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or a mine tailings pond. (plan d’eau)

wetland

terres humides

wetland means a swamp, marsh, bog, fen or other land that is covered by water during at least three consecutive months of the year. (terres humides)

wildlife area

réserve d’espèces sauvages

wildlife area has the same meaning as in section 2 of the Wildlife Area Regulations. (réserve d’espèces sauvages)

Marginal note:Designated activities — designated projects

 The physical activities that are set out in the schedule are designated for the purposes of paragraph (b) of the definition designated project in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.

Marginal note:Designated activities — participant funding program

 The physical activities that are set out in the schedule or that are designated by the Minister under subsection 14(2) of the Canadian Environmental Assessment Act, 2012 are designated for the purposes of paragraph 58(1)(a) of that Act.

Marginal note:Activities linked to Agency
Marginal note:Coming into force

Footnote * These Regulations come into force on the day on which section 52 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force.

SCHEDULE(Sections 2 to 4)Physical Activities

Canadian Environmental Assessment Agency

  • 1 The construction, operation, decommissioning and abandonment, in a wildlife area or migratory bird sanctuary, of

    • (a) an electrical generating station or transmission line;

    • (b) a dam, dyke, reservoir or other structure for the diversion of water;

    • (c) an oil or gas facility or oil and gas pipeline;

    • (d) a mine or mill;

    • (e) an industrial facility;

    • (f) a canal or lock;

    • (g) a marine terminal;

    • (h) a railway line or public highway;

    • (i) an aerodrome or runway; or

    • (j) a waste management facility.

  • 2 The construction, operation, decommissioning and abandonment of

    • (a) a fossil fuel-fired electrical generating station with a production capacity of 200 MW or more; or

    • (b) a hydroelectric generating station with a production capacity of 200 MW or more.

  • 3 The expansion of

    • (a) a fossil fuel-fired electrical generating station that would result in an increase in production capacity of 50% or more and 200 MW or more; or

    • (b) a hydroelectric generating station that would result in an increase in production capacity of 50% or more and 200 MW or more.

  • 4 The construction, operation, decommissioning and abandonment of a tidal power electrical generating station with a production capacity of 5 MW or more, or an expansion of such a station that would result in an increase in production capacity of more than 35%.

  • 5 The construction, operation, decommissioning and abandonment of an electrical transmission line with a voltage of 345 kV or more that is 75 km or more in length on a new right of way.

  • 6 The construction, operation, decommissioning and abandonment of a dam or dyke that would result in the creation of a reservoir with a surface area that would exceed the annual mean surface area of a natural water body by 1 500 ha or more, or an expansion of a dam or dyke that would result in an increase in the surface area of a reservoir of more than 35%.

  • 7 The construction, operation, decommissioning and abandonment of a structure for the diversion of 10 000 000 m3/a or more of water from a natural water body into another natural water body or an expansion of such a structure that would result in an increase in diversion capacity of more than 35%.

  • 8 The construction, operation, decommissioning and abandonment of a facility for the extraction of 200 000 m3/a or more of ground water or an expansion of such a facility that would result in an increase in production capacity of more than 35%.

  • 9 The construction, operation, decommissioning and abandonment of

    • (a) a heavy oil or oil sands processing facility with an oil production capacity of more than 10 000 m3/d; or

    • (b) an oil sands mine with a bitumen production capacity of more than 10 000 m3/d.

  • 10 The construction, installation and operation of a facility for the production of oil or gas, if the facility is located offshore and

    • (a) is outside the limits of a study area delineated in

      • (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or

      • (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order; or

    • (b) is inside the limits of a study area delineated in an environmental assessment described in subparagraph (a)(i) or (ii) and is not connected by an offshore oil and gas pipeline to a previously assessed facility in the study area.

  • 11 The decommissioning and abandonment of a facility for the production of oil or gas if the facility is located offshore and it is proposed that the facility be disposed of or abandoned offshore or converted on site to another role.

  • 12 The expansion of a heavy oil or oil sands processing facility that would result in an increase in oil production capacity that would exceed 5 000 m3/d and would raise the total oil production capacity to more than 10 000 m3/d.

  • 13 The construction, decommissioning and abandonment, or an expansion that would result in an increase in production capacity of more than 35%, of

    • (a) an oil refinery, including a heavy oil upgrader, with an input capacity of more than 10 000 m3/d;

    • (b) a facility for the production of liquid petroleum products from coal with a production capacity of more than 2 000 m3/d;

    • (c) a sour gas processing facility with a sulphur inlet capacity of more than 2 000 t/d;

    • (d) a facility for the liquefaction, storage or regasification of liquefied natural gas, with a liquefied natural gas processing capacity of more than 3 000 t/d or a liquefied natural gas storage capacity of more than 50 000 t;

    • (e) a petroleum storage facility with a capacity of more than 500 000 m3; or

    • (f) a liquefied petroleum gas storage facility with a capacity of more than 100 000 m3.

  • 14 The construction, operation, decommissioning and abandonment of

    • (a) an oil and gas pipeline more than 75 km in length on a new right of way; or

    • (b) an offshore oil and gas pipeline, if any portion of the pipeline is outside the limits of a study area delineated in

      • (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or

      • (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order.

  • 15 The construction, operation, decommissioning and abandonment of

    • (a) a metal mine, other than a gold mine, with an ore production capacity of 3 000 t/d or more;

    • (b) a metal mill with an ore input capacity of 4 000 t/d or more;

    • (c) a gold mine, other than a placer mine, with an ore production capacity of 600 t/d or more;

    • (d) a coal mine with a coal production capacity of 3 000 t/d or more; or

    • (e) a potash mine with a potassium chloride production capacity of 1 000 000 t/a or more.

  • 16 The expansion of

    • (a) an existing metal mine, other than a gold mine, that would result in an increase in its ore production capacity of 50% or more, or 1 500 t/d or more, if the increase would raise the total ore production capacity to 3 000 t/d or more;

    • (b) an existing metal mill that would result in an increase in its ore input capacity of 50% or more, or 2 000 t/d or more, if the increase would raise the total ore input capacity to 4 000 t/d or more;

    • (c) an existing gold mine, other than a placer mine, that would result in an increase in its ore production capacity of 50% or more, or 300 t/d or more, if the increase would raise the total ore production capacity to 600 t/d or more;

    • (d) an existing coal mine that would result in an increase in its coal production capacity of 50 % or more, or 1 500 t/d or more, if the increase would raise the total coal production capacity to 3 000 t/d or more; or

    • (e) an existing potash mine that would result in an increase in its potassium chloride production capacity of 50% or more, or 500 000 t/a or more, if the increase would raise the total potassium chloride production capacity to 1 000 000 t/a or more.

  • 17 The construction, operation, decommissioning and abandonment, or an expansion that would result in an increase in production capacity of more than 35%, of

    • (a) an asbestos mine;

    • (b) a salt mine with a brine production capacity of 4 000 t/d or more;

    • (c) an underground salt mine with a production capacity of 20 000 t/d or more;

    • (d) a graphite mine with a production capacity of 1 500 t/d or more;

    • (e) a gypsum mine with a production capacity of 4 000 t/d or more;

    • (f) a magnesite mine with a production capacity of 1 500 t/d or more;

    • (g) a limestone mine with a production capacity of 12 000 t/d or more;

    • (h) a clay mine with a production capacity of 20 000 t/d or more;

    • (i) a stone quarry or gravel or sand pit with a production capacity of 1 000 000 t/a or more; or

    • (j) a metal mine located offshore or on the ocean bed.

  • 18 The construction, operation, decommissioning and abandonment of a pulp mill or pulp and paper mill.

  • 19 The expansion of a pulp mill or pulp and paper mill that would result in an increase in its production capacity of more than 35% and more than 100 t/d.

  • 20 The construction, operation, decommissioning and abandonment, or an expansion that would result in an increase in its production capacity of more than 35%, of

    • (a) a facility for the production of primary steel with a metal production capacity of 5 000 t/d or more;

    • (b) an industrial facility for the commercial production of non-ferrous metals or light metals by pyrometallurgy or high temperature electrometallurgy;

    • (c) a non-ferrous metal smelter located in the Yukon or Northwest Territories;

    • (d) a facility for the manufacture of chemical products with a production capacity of 250 000 t/a or more;

    • (e) a facility for the manufacture of pharmaceutical products with a production capacity of 200 t/a or more;

    • (f) a facility for the manufacture of wood products that are pressure-treated with chemical products, with a production capacity of 50 000 m3/a or more;

    • (g) a facility for the manufacture of plywood or particle board with a production capacity of 100 000 m3/a or more;

    • (h) a facility for the production of respirable natural mineral fibres;

    • (i) a leather tannery with a production capacity of 500 000 m2/a or more;

    • (j) a facility for the manufacture of primary textiles with a production capacity of 50 000 t/a or more;

    • (k) a factory for the manufacture of chemical explosives employing chemical processes; or

    • (l) a facility for the manufacture of lead-acid batteries.

  • 21 The construction and operation outside an existing military base of a military base or station.

  • 22 The construction, operation, decommissioning and abandonment outside an existing military base of a training area, range or test establishment for military training or weapons testing.

  • 23 The expansion of a military base or station that would result in an increase in the area of the military base or station of more than 25%, or an increase in the cumulative floor area of existing buildings located on the military base or station of more than 25%.

  • 24 The decommissioning and abandonment of a military base or station.

  • 25 The testing of weapons for more than five days in a calendar year in an area other than those training areas, ranges and test establishments established under the authority of the Minister of National Defence for the testing of weapons prior to October 7, 1994.

  • 26 The low-level flying of military fixed-wing jet aircraft for more than 150 days in a calendar year as part of a training program at an altitude below 330 m above ground level on a route or in an area that is not established by or under the authority of the Minister of National Defence or the Chief of the Defence Staff as a route or area set aside for low-level flying training prior to October 7, 1994.

  • 27 The construction, operation, decommissioning and abandonment of

    • (a) a canal or any lock or associated structure to control water levels in the canal;

    • (b) a lock or associated structure to control water levels in existing navigable waterways; or

    • (c) a marine terminal designed to handle vessels larger than 25 000 DWT unless the terminal is located on lands that are routinely and have been historically used as a marine terminal or that are designated for such use in a land-use plan that has been the subject of public consultation.

  • 28 The construction, operation, decommissioning and abandonment of

    • (a) a railway line more than 32 km in length on a new right of way;

    • (b) an all-season public highway that will be more than 50 km in length and either will be located on a new right-of-way or will lead to a community that lacks all-season public highway access; or

    • (c) a railway line designed for trains that have an average speed of more than 200 km/h.

  • 29 The construction, operation, decommissioning and abandonment of

    • (a) an aerodrome located within the built-up area of a city or town;

    • (b) an airport; or

    • (c) an all-season runway with a length of 1 500 m or more.

  • 30 The extension of an all-season runway by 1 500 m or more.

  • 31 The construction, operation, decommissioning and abandonment of a facility used exclusively for the treatment, incineration, disposal or recycling of hazardous waste, or an expansion of such a facility that would result in an increase in its production capacity of more than 35%.

Canadian Nuclear Safety Commission

  • 32 The construction, operation, decommissioning and abandonment, or an expansion that would result in an increase in production capacity of more than 35%, of

    • (a) a uranium mine, uranium mill or waste management system any of which is on a site that is not within the boundaries of an existing licensed uranium mine or uranium mill;

    • (b) a uranium mine, uranium mill or waste management system any of which is on a site that is within the boundaries of an existing licensed uranium mine or uranium mill, if the activity involves processes for milling or uranium tailings management that are not authorized under the existing licence;

    • (c) a Class IB nuclear facility for the refining or conversion of uranium that has a uranium production capacity of more than 100 t/a;

    • (d) a Class IA nuclear facility that is a nuclear fission reactor that has a production capacity of more than 25 MW(thermal);

    • (e) a Class IB nuclear facility that is a plant for the production of deuterium or deuterium compounds using hydrogen sulphide that has a production capacity of more than 10 t/a;

    • (f) a Class IB nuclear facility for the processing of irradiated nuclear fuel with an irradiated nuclear fuel input capacity of more than 100 t/a; or

    • (g) a Class IB nuclear facility that is on a site that is not within the boundaries of an existing licensed nuclear facility and that is for

      • (i) the storage of irradiated nuclear fuel, if the facility has an irradiated nuclear fuel inventory capacity of more than 500 t,

      • (ii) the processing or storage of radioactive waste other than irradiated nuclear fuel where

        • (A) the activity of the throughput of radioactive material with a half-life greater than one year is more than 1 PBq/a (1015 Bq/a), or

        • (B) the activity of the inventory of radioactive material with a half-life greater than one year is more than 1 PBq (1015), or

      • (iii) the disposal of radioactive nuclear substances.

  • 33 The construction, operation, decommissioning and abandonment, in a wildlife area or migratory bird sanctuary, of

    • (a) a mine or mill;

    • (b) a nuclear facility; or

    • (c) a waste management facility.

National Energy Board

  • 34 The construction, operation, decommissioning and abandonment of an electrical transmission line with a voltage of 345 kV or more that is 75 km or more in length on a new right of way.

  • 35 The construction, operation, and installation of a facility for the production of oil or gas, if the facility is located offshore and

    • (a) is outside the limits of a study area delineated in

      • (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or

      • (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order; or

    • (b) is inside the limits of a study area delineated in an environmental assessment described in subparagraph (a)(i) or (ii) and is not connected by an offshore oil and gas pipeline to a previously assessed facility in the study area.

  • 36 The decommissioning and abandonment of a facility for the production of oil or gas if the facility is located offshore and it is proposed that the facility be disposed of or abandoned offshore or converted on site to another role.

  • 37 The construction, operation, decommissioning and abandonment, or an expansion that would result in an increase in production capacity of more than 35%, of

    • (a) a sour gas processing facility with a sulphur inlet capacity of more than 2 000 t/d; or

    • (b) a petroleum storage facility with a capacity of more than 500 000 m3.

  • 38 The construction, operation, decommissioning and abandonment of

    • (a) an oil and gas pipeline more than 75 km in length on a new right of way; or

    • (b) an offshore oil and gas pipeline, if any portion of the pipeline is outside the limits of a study area delineated in

      • (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or

      • (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order.

  • 39 The construction, operation, decommissioning and abandonment, in a wildlife area or migratory bird sanctuary, of

    • (a) an electrical transmission line; or

    • (b) an oil or gas facility or an oil and gas pipeline.

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