Regulations Designating Physical Activities (SOR/2012-147)

Regulations are current to 2016-09-18 and last amended on 2014-12-31. Previous Versions

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

abandonment[Repealed, SOR/2013-186, s. 1]

aerodrome

aérodrome

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

airport

airport[Repealed, SOR/2013-186, s. 1]

area of mine operations

aire d’exploitation minière

area of mine operations means the area at ground level occupied by any open pit or underground workings, mill complex or storage area for overburden, waste rock, tailings or ore. (aire d’exploitation minière)

canal

canal

canal means an artificial waterway constructed for navigation. (canal)

Class IA nuclear facility

Class IA nuclear facility[Repealed, SOR/2013-186, s. 1]

Class IB nuclear facility

Class IB nuclear facility[Repealed, SOR/2013-186, s. 1]

decommissioning

decommissioning[Repealed, SOR/2013-186, s. 1]

drilling program

programme de forage

drilling program has the same meaning as in subsection 1(1) of the Canada Oil and Gas Drilling and Production Regulations, SOR/2009-315. (programme de forage)

exploratory well

puits d’exploration

exploratory well has the same meaning as in subsection 101(1) of the Canada Petroleum Resources Act, but does not include a delineation well or development well as those terms are defined in that subsection. (puits d’exploration)

flowline

conduite d’écoulement

flowline has the same meaning as in subsection 2(1) of the Canada Oil and Gas Installations Regulations. (conduite d’écoulement)

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 unloading of waterborne shipments, or

    • (ii) used for the receiving, holding, regrouping, embarkation 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. (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

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

paper product[Repealed, SOR/2013-186, s. 1]

pulp

pulp[Repealed, SOR/2013-186, s. 1]

pulp and paper mill

pulp and paper mill[Repealed, SOR/2013-186, s. 1]

right of way

right of way[Repealed, SOR/2013-186, s. 1]

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

waste management system[Repealed, SOR/2013-186, s. 1]

water body

plan d’eau

water body means any water body, including a canal, a reservoir, an ocean and a wetland as that term is defined in The Federal Policy on Wetland Conservation published in 1991 by the Department of the Environment, 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

wetland[Repealed, SOR/2013-186, s. 1]

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)

  • SOR/2013-186, s. 1;
  • 2014, c. 13, s. 117.
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 – Agency
  • SOR/2013-186, s. 2.
Marginal note:Coming into force

 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 new

    • (a) electrical generating facility or electrical transmission line;

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

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

    • (d) mine or mill;

    • (e) industrial facility;

    • (f) canal or lock;

    • (g) marine terminal;

    • (h) railway line or public highway;

    • (i) aerodrome or runway; or

    • (j) waste management facility.

  • 2 The construction, operation, decommissioning and abandonment of

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

    • (b) a new in-stream tidal power generating facility with a production capacity of 50 MW or more or a new tidal power generating facility, other than an in-stream tidal power generating facility, with a production capacity of 5 MW or more; or

    • (c) a new hydroelectric generating facility with a production capacity of 200 MW or more.

  • 3 The expansion of

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

    • (b) an existing in-stream tidal power generating facility that would result in an increase in production capacity of 50% or more and a total production capacity of 50 MW or more or an existing tidal power generating facility, other than an in-stream tidal power generating facility, that would result in an increase in production capacity of 50% or more and a total production capacity of 5 MW or more; or

    • (c) an existing hydroelectric generating facility that would result in an increase in production capacity of 50% or more and a total production capacity of 200 MW or more.

  • 4 The construction, operation, decommissioning and abandonment of a new 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.

  • 5 The expansion of an existing dam or dyke that would result in an increase in the surface area of the existing reservoir of 50% or more and an increase of 1 500 ha or more in the annual mean surface area of the existing reservoir.

  • 6 The construction, operation, decommissioning and abandonment of a new structure for the diversion of 10 000 000 m3/year or more of water from a natural water body into another natural water body.

  • 7 The expansion of an existing structure for the diversion of water from a natural water body into another natural water body that would result in an increase in diversion capacity of 50% or more and a total diversion capacity of 10 000 000 m3/year or more.

  • 8 The construction, operation, decommissioning and abandonment of a new oil sands mine with a bitumen production capacity of 10 000 m3/day or more.

  • 9 The expansion of an existing oil sands mine that would result in an increase in the area of mine operations of 50% or more and a total bitumen production capacity of 10 000 m3/day or more.

  • 10 The drilling, testing and abandonment of offshore exploratory wells in the first drilling program in an area set out in one or more exploration licences issued in accordance with the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

  • 11 The construction, installation and operation of a new offshore floating or fixed platform, vessel or artificial island used for the production of oil or gas.

  • 12 The decommissioning and abandonment of an existing offshore floating or fixed platform, vessel or artificial island used for the production of oil or gas that is proposed to be disposed of or abandoned offshore or converted on site to another role.

  • 13 The construction, operation, decommissioning and abandonment of a new offshore oil and gas pipeline, other than a flowline.

  • 14 The construction, operation, decommissioning and abandonment of a new

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

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

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

    • (d) facility for the liquefaction, storage or regasification of liquefied natural gas, with a liquefied natural gas processing capacity of 3 000 t/day or more or a liquefied natural gas storage capacity of 55 000 t or more;

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

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

  • 15 The expansion of an existing

    • (a) oil refinery, including a heavy oil upgrader, that would result in an increase in input capacity of 50% or more and a total input capacity of 10 000 m3/day or more;

    • (b) facility for the production of liquid petroleum products from coal that would result in an increase in production capacity of 50% or more and a total production capacity of 2 000 m3/day or more;

    • (c) sour gas processing facility that would result in an increase in sulphur inlet capacity of 50% or more and a total sulphur inlet capacity of 2 000 t/day or more;

    • (d) facility for the liquefaction, storage or regasification of liquefied natural gas that would result in an increase in the liquefied natural gas processing or storage capacity of 50% or more and a total liquefied natural gas processing capacity of 3 000 t/day or more or a total liquefied natural gas storage capacity of 55 000 t or more, as the case may be;

    • (e) petroleum storage facility that would result in an increase in storage capacity of 50% or more and a total storage capacity of 500 000 m3 or more; or

    • (f) liquefied petroleum gas storage facility that would result in an increase in storage capacity of 50% or more and a total storage capacity of 100 000 m3 or more.

  • 16 The construction, operation, decommissioning and abandonment of a new

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

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

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

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

    • (e) diamond mine with an ore production capacity of 3 000 t/day or more;

    • (f) apatite mine with an ore production capacity of 3 000 t/day or more; or

    • (g) stone quarry or sand or gravel pit, with a production capacity of 3 500 000 t/year or more.

  • 17 The expansion of an existing

    • (a) metal mine, other than a rare earth element mine or gold mine, that would result in an increase in the area of mine operations of 50% or more and a total ore production capacity of 3 000 t/day or more;

    • (b) metal mill that would result in an increase in the area of mine operations of 50% or more and a total ore input capacity of 4 000 t/day or more;

    • (c) rare earth element mine or gold mine, other than a placer mine, that would result in an increase in the area of mine operations of 50% or more and a total ore production capacity of 600 t/day or more;

    • (d) coal mine that would result in an increase in the area of mine operations of 50% or more and a total coal production capacity of 3 000 t/day or more;

    • (e) diamond mine that would result in an increase in the area of mine operations of 50% or more and a total ore production capacity of 3 000 t/day or more;

    • (f) apatite mine that would result in an increase in the area of mine operations of 50% or more and a total ore production capacity of 3 000 t/day or more; or

    • (g) stone quarry or sand or gravel pit that would result in an increase in the area of mine operations of 50% or more and a total production capacity of 3 500 000 t/year or more.

  • 18 The construction and operation of a new military base or military station that is to be established for more than 12 consecutive months.

  • 19 The construction, operation, decommissioning and abandonment outside an existing military base of a new military training area, range or test establishment for training or weapons testing that is to be established for more than 12 consecutive months.

  • 20 The expansion of an existing military base or military station that would result in an increase in the area of the military base or military station of 50% or more.

  • 21 The decommissioning and abandonment of an existing military base or military station.

  • 22 The testing of military weapons for more than five days in a calendar year in an area other than the training areas, ranges and test establishments established before October 7, 1994 by or under the authority of the Minister of National Defence for the testing of weapons.

  • 23 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 was not established before October 7, 1994 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.

  • 24 The construction, operation, decommissioning and abandonment of a new

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

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

    • (c) marine terminal designed to handle ships 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.

  • 25 The construction, operation, decommissioning and abandonment of a new

    • (a) railway line that requires a total of 32 km or more of new right of way;

    • (b) railway yard with seven or more yard tracks or a total track length of 20 km or more;

    • (c) all-season public highway that requires a total of 50 km or more of new right of way; or

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

  • 26 The construction, operation, decommissioning and abandonment of a new

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

    • (b) airport, as defined in subsection 3(1) of the Aeronautics Act; or

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

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

  • 28 The construction, operation, decommissioning and abandonment of a new

    • (a) international or interprovincial bridge or tunnel; or

    • (b) bridge over the St. Lawrence Seaway.

  • 29 The construction, operation, decommissioning and abandonment of a new facility used exclusively for the treatment, incineration, disposal or recycling of hazardous waste.

  • 30 The expansion of an existing facility used exclusively for the treatment, incineration, disposal or recycling of hazardous waste that would result in an increase in hazardous waste input capacity of 50% or more.

Canadian Nuclear Safety Commission

  • 31 The construction, operation and decommissioning of a new uranium mine or uranium mill on a site that is not within the licensed boundaries of an existing uranium mine or uranium mill.

  • 32 The expansion of an existing uranium mine or uranium mill that would result in an increase in the area of mine operations of 50% or more.

  • 33 The construction, operation and decommissioning of a new

    • (a) facility for the processing, reprocessing or separation of an isotope of uranium, thorium, or plutonium, with a production capacity of 100 t/year or more;

    • (b) facility for the manufacture of a product derived from uranium, thorium or plutonium, with a production capacity of 100 t/year or more; or

    • (c) facility for the processing or use, in a quantity greater than 1015 Bq per calendar year, of nuclear substances with a half-life greater than one year, other than uranium, thorium or plutonium.

  • 34 The expansion of an existing

    • (a) facility for the processing, reprocessing or separation of an isotope of uranium, thorium or plutonium that would result in an increase in production capacity of 50% or more and a total production capacity of 100 t/year or more;

    • (b) facility for the manufacture of a product derived from uranium, thorium or plutonium that would result in an increase in production capacity of 50% or more and a total production capacity of 100 t/year or more; or

    • (c) facility for the processing or use, in a quantity greater than 1015 Bq per calendar year, of nuclear substances with a half-life greater than one year, other than uranium, thorium or plutonium, that would result in an increase in processing capacity of 50% or more.

  • 35 The construction, operation and decommissioning of a new nuclear fission or fusion reactor.

  • 36 The expansion of an existing nuclear fission or fusion reactor that would result in an increase in power output of 50% or more.

  • 37 The construction and operation of a new

    • (a) facility for the storage of irradiated fuel or nuclear waste, on a site that is not within the licensed perimeter of an existing nuclear facility; or

    • (b) facility for the long-term management or disposal of irradiated fuel or nuclear waste.

  • 38 The expansion of an existing facility for the long-term management or disposal of irradiated fuel or nuclear waste that would result in an increase in the area, at ground level, of the facility of 50% or more.

National Energy Board

  • 39 The construction, operation, decommissioning and abandonment of a new electrical transmission line with a voltage of 345 kV or more that requires a total of 75 km or more of new right of way.

  • 40 The drilling, testing and abandonment of offshore exploratory wells in the first drilling program in an area set out in one or more exploration licences issued in accordance with the Canada Petroleum Resources Act.

  • 41 The construction, installation and operation of a new offshore floating or fixed platform, vessel or artificial island used for the production of oil or gas.

  • 42 The decommissioning and abandonment of an existing offshore floating or fixed platform, vessel or artificial island used for the production of oil or gas that is proposed to be disposed of or abandoned offshore or converted on site to another role.

  • 43 The construction, operation, decommissioning and abandonment of a new offshore pipeline, other than a flowline.

  • 44 The construction, operation, decommissioning and abandonment of a new

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

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

  • 45 The expansion of an existing

    • (a) sour gas processing facility that would result in an increase in sulphur inlet capacity of 50% or more and a total sulphur inlet capacity of 2 000 t/day or more; or

    • (b) petroleum storage facility that would result in an increase in storage capacity of 50% or more and a total storage capacity of 500 000 m3 or more.

  • 46 The construction and operation of a new pipeline, other than an offshore pipeline, with a length of 40 km or more.

  • 47 The decommissioning and abandonment of an existing pipeline, other than an offshore pipeline, if at least 40 km of pipe is removed from the ground.

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

    • (a) a new electrical transmission line; or

    • (b) a new oil or gas facility or new pipeline.

  • SOR/2013-186, s. 3;
  • 2014, c. 13, s. 117.

RELATED PROVISIONS

  • — SOR/2013-186, s. 4

      • 4. (1) The following definitions apply in this section.

        former Regulations

        règlement antérieur

        former Regulations means the Regulations Designating Physical Activities as they read immediately before the day on which these Regulations come into force. (règlement antérieur)

        former Act

        ancienne loi

        former Act means the Canadian Environmental Assessment Act, chapter 37 of the Statutes of Canada, 1992. (ancienne loi)

        Act

        Loi

        Act means the Canadian Environmental Assessment Act, 2012. (Loi)

      • (2) The Regulations Designating Physical Activities, as amended by these Regulations, do not apply to a physical activity that was not designated under the former Regulations if, on the day on which these Regulations come into force, any of the following conditions apply:

        • (a) the carrying out of the physical activity, including any physical activity that is incidental to that physical activity, has begun and, as a result, the environment has been altered;

        • (b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament, other than the Act, that could permit the physical activity to be carried out, in whole or in part;

        • (c) a jurisdiction described in any of paragraphs (c) to (f) of the definition jurisdiction in subsection 2(1) of the Act or the responsible authority set out in paragraph 15(a) or (b) of the Act has commenced or completed an assessment of the environmental effects of the physical activity; and

        • (d) the physical activity was a project, or was included in a project, for which the screening, commenced under the former Act before the day on which the Act came into force, was not subject to the requirement in subsection 124(1) of the Act to be continued and completed.

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