Regulations Designating Physical Activities (SOR/2012-147)

Regulations are current to 2016-08-15 and last amended on 2014-12-31. Previous Versions

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.
 
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