Version of document from 2007-11-15 to 2014-12-08:

Inclusion List Regulations

SOR/94-637

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Registration 1994-10-07

Regulations Prescribing Physical Activities and Classes of Physical Activities Not Relating to Physical Works that May Require an Environmental Assessment

P.C. 1994-1686 1994-10-07

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(b) of the Canadian Environmental Assessment ActFootnote *, is pleased hereby to make the annexed Regulations prescribing physical activities and classes of physical activities not relating to physical works that may require an environmental assessment, effective on the day on which section 59 of the Canadian Environmental Assessment Act comes into force.

SHORT TITLE

 These Regulations may be cited as the Inclusion List Regulations.

INTERPRETATION

 In these Regulations,

“borrow site”

“borrow site” means a site from which earth material is extracted in order to obtain topsoil, sand, gravel, rock, crushed stone, building stone, or other mineral aggregate for use elsewhere; (site d’emprunt)

“drilling program”

“drilling program” means

“ecodistrict”

“ecodistrict” means an ecodistrict as described in the publication entitled “A National Ecological Framework For Canada” published by the Department of Agriculture and Agri-Food and the Department of the Environment, and as depicted on those maps that contain ecodistricts and that are included in the series of maps entitled “Terrestrial Ecozones and Ecoregions of Canada”, published by the Department of Agriculture and Agri-Food, as amended from time to time. (écodistrict)

“effective dose”

“effective dose” has the meaning assigned in subsection 1(1) of the Radiation Protection Regulations; (dose efficace)

“exemption quantity”

“exemption quantity” has the meaning assigned in section 1 of the Nuclear Substances and Radiation Devices Regulations; (quantité d’exemption)

“germplasm”

“germplasm” has the same meaning as in section 10 of the Health of Animals Regulations; (matériel génétique)

“historic canal”

“historic canal” means a historic canal set out in column I of an item of Schedule I to the Historic Canals Regulations; (canal historique)

“Indian reserve”

“Indian reserve” means a reserve as defined in subsection 2(1) of the Indian Act; (réserve indienne)

“marine or freshwater seismic survey”

“marine or freshwater seismic survey” means a geophysical operation that uses a seismic energy source to generate acoustic waves that propagate through the earth, are reflected from or refracted along subsurface layers of the earth and are subsequently recorded; (étude sismique marine ou d’eau douce)

“military weapons platform”

“military weapons platform” means a vehicle, ship or aircraft that is designed for the operation of a military weapon; (plate-forme d’armes militaires)

“national historic site”

“national historic site” means a place that is commemorated under section 3 of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency; (lieu historique national)

“national park”

“national park” means

  • (a) a park described in Schedule 1 to the Canada National Parks Act, and

  • (b) a park established pursuant to a federal-provincial agreement that is under the responsibility of the Parks Canada Agency and is not described in Schedule 1 to the Canada National Parks Act; (parc national)

“national park reserve”

“national park reserve” means

  • (a) a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act, and

  • (b) a national park reserve that is under the responsibility of the Parks Canada Agency and that is not described in Schedule 2 to the Canada National Parks Act; (réserve à vocation de parc national)

“nuclear substance”

“nuclear substance” has the meaning assigned in section 2 of the Nuclear Safety and Control Act; (substance nucléaire)

“prescribed substances”

“prescribed substances”[Repealed, SOR/2003-349, s. 1]

“regulated animal”

“regulated animal” has the same meaning as in section 10 of the Health of Animals Regulations; (animal réglementé)

“scheduled quantity”

“scheduled quantity” or “SQ”[Repealed, SOR/2003-349, s. 1]

“unsealed source”

“unsealed source” has the meaning assigned in section 1 of the Nuclear Substances and Radiation Devices Regulations; (source non scellée)

“water body”

“water body” means any water body, including a canal, 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”

“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)

  • SOR/99-436, s. 1;
  • SOR/2003-280, s. 1;
  • SOR/2003-349, s. 1;
  • SOR/2005-261, s. 2;
  • SOR/2006-223, s. 27.

GENERAL

 The physical activities and classes of physical activities set out in the schedule are prescribed for the purpose of paragraph (b) of the definition “project” in subsection 2(1) of the Canadian Environmental Assessment Act except in so far as they relate to a physical work.

  • SOR/99-436, s. 2.

SCHEDULE(Section 3)PHYSICAL ACTIVITIES AND CLASSES OF PHYSICAL ACTIVITIES

PART INATIONAL PARKS AND PROTECTED AREAS

  • 1. Physical activities for the purpose of the provision of basic user facilities in wilderness areas or access by air to remote parts of such areas that require an authorization under paragraph 14(3)(c) or (e) of the Canada National Parks Act.

  • 1.1 Physical activities carried out in a national park, national park reserve, national historic site or historic canal for management or scientific purposes, that involve an intent to

    • (a) manipulate an ecosystem function;

    • (b) remove from a national park, national park reserve, national historic site or historic canal, damage or destroy a member of a species that has been assessed by the Committee on the Status of Endangered Wildlife in Canada as extirpated, endangered, threatened or as a species of special concern;

    • (c) damage or destroy fossils or in-situ archaeological resources; or

    • (d) threaten the continued existence of a biological population within a national park, national park reserve, national historic site or historic canal, either directly or through the alteration of its habitat.

  • 2. The removal of natural objects for construction purposes within a national park, national park reserve, national historic site or historic canal, if the removal involves a new borrow site, the expansion of an existing borrow site, the reopening of an inactive borrow site, an increase in the amount of extraction, new extraction or the extraction of materials from aquatic locations.

  • 3. The taking of water for business water supply purposes that requires a permit under subsection 18(1) of the National Parks General Regulations.

  • 4. The supplying of water that requires an agreement under section 20 of the National Parks General Regulations.

  • 4.1 Physical activities in a national park, national park reserve, national historic site or historic canal resulting in the alteration of a management regime for the level or flow of water in a water body.

  • 5. The culling from a population of a wildlife species or the destruction of an entire population of a wildlife species that requires an authorization under paragraph 15(1)(a) of the National Parks Wildlife Regulations.

  • 6. The occupation of public lands that requires a licence of occupation under subsection 18(1) of the National Parks of Canada Lease and Licence of Occupation Regulations, unless the proposed activity is the same as an activity carried on in the same location and for which an environmental assessment has been previously conducted under the Canadian Environmental Assessment Act or the Environmental Assessment and Review Process Guidelines Order and

    • (a) as a result of the assessment, the environmental effects have been determined to be insignificant, 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.

  • 7. The taking of water for business water supply purposes that requires a permit under section 10 of the National Historic Parks General Regulations.

  • 8. The supplying of water that requires an agreement under section 11 of the National Historic Parks General Regulations.

  • 9. Physical activities relating to the construction, expansion or modification of a golf course or ski hill in a national park or a national park reserve.

  • 9.1 The alteration of a shoreline, the stabilization of a slope, or physical activities to control erosion or drainage, in a national park, national park reserve or national historic site.

  • 10. The taking or destroying of game that requires an authorization under paragraph 56(1)(b) of the Wood Buffalo National Park Game Regulations.

  • 11. to 13. [Repealed, SOR/2006-223, s. 31]

  • 13.1 Recreational activities that take place outdoors in a national park or national park reserve outside the boundaries of a town or a visitor centre as defined in subsection 2(1) of the National Parks of Canada Lease and Licence of Occupation Regulations and that require a licence under the National Parks of Canada Businesses Regulations, unless the proposed activity is the same as an activity carried on in the same location for which an environmental assessment has been previously conducted under the Canadian Environmental Assessment Act or the Environmental Assessment and Review Process Guidelines Order and

    • (a) as a result of the assessment, the environmental effects have been determined to be insignificant, 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.

  • 13.2 The application within a national park, national park reserve, national historic site or historic canal of pest control products from an aircraft.

  • 13.3 Physical activities taking place within a national park, national park reserve or national historic site, outside the boundary of a town or visitor centre as defined in subsection 2(1) of the National Parks of Canada Lease and Licence of Occupation Regulations, that are related to a military exercise, national or international sporting event or competition, jamboree or festival.

  • 13.4 The removal of vegetation for the purpose of fuel modification, delineating the boundary of a national park, national park reserve or national historic site, or establishing a viewscape.

  • 13.5 The establishment, expansion or relocation of a trail, campsite or day-use area within a national park, national park reserve, national historic site or historic canal.

  • 13.6 The establishment, expansion, relocation or closure of a site for the disposal of solid waste within a national park, national park reserve, national historic site or historic canal.

PART IIOIL AND GAS PROJECTS

PART IIINUCLEAR AND RELATED FACILITIES

  • 20. The abandonment, disposal or other release into the environment of a nuclear substance, where

    • (a) the nuclear substance is readily removable from and is not distributed throughout a substance, material, device or equipment, and the quantity of the nuclear substance exceeds the exemption quantity in respect of the nuclear substance; or

    • (b) in the case of a nuclear substance that is distributed throughout and is not readily removable from the substance, material, device or equipment, the concentration of the nuclear substance results in an effective dose that exceeds 1 per cent of the effective dose limit set out in column 3 of item 3 of the table to subsection 13(1) of the Radiation Protection Regulations.

  • 21. [Repealed, SOR/2003-349, s. 2]

  • 22. The abandonment or disposal of a substance, material, device or equipment whose surface is contaminated with a nuclear substance that is not readily removable from the surface, where

    • (a) the contamination exceeds 3 Bq/cm2 averaged over a surface of not more than 100 cm2; and

    • (b) the dose rate at the surface of the substance, material, device or equipment exceeds 1 µSv/h.

  • 23. Physical activities relating to the possession or use of an unsealed source in a quantity exceeding 1 PBq (1015 Bq).

  • 24. The construction, operation, modification, decommissioning or abandonment of a vehicle, within the meaning of section 2 of the Nuclear Safety and Control Act, that is equipped with a nuclear reactor.

PART IVDEFENCE

  • 25. The testing of weapons in an area other than

    • (a) a training area, test establishment or range established by or under the authority of the Minister of National Defence for the testing of weapons before the coming into force of these Regulations; or

    • (b) an area that has been designated as a military test area, range or base by the government of a country, other than Canada, in which the testing is conducted.

  • 26. The incineration, disposal or recycling of the toxic chemicals and their precursors set out in Schedules 1 to 3 to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (United Nations), done at Paris, January 13, 1993.

  • 27. The incineration, disposal or recycling of

    • (a) the microbial or other biological agents or toxins referred to in Item 1 of Article I of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (United Nations), in force March 26, 1975; and

    • (b) the weapons, equipment or means of delivery designed to use the agents or toxins referred to in paragraph (a).

  • 28. The low-level flying of military fixed-wing jet aircraft as part of a training program at an altitude below 330 m above ground level on a route or in an area other than a route or an area established by or under the authority of the Minister of National Defence or the Chief of the Defence Staff for low-level flying training prior to the coming into force of these Regulations, where the number of flying hours planned is in excess of 25 hours in a calendar year.

  • 29. Naval exercises involving more than 15 vessels, including auxiliary and foreign vessels.

  • 30. Military field exercises and military field training involving more than 275 persons and 40 vehicles in an area other than

    • (a) a training area or range established by or under the authority of the Minister of National Defence; or

    • (b) an area designated as a military test area, range or base by the government of a country other than Canada in which the training is conducted.

  • 31. The taking or destroying of wildlife as part of a wildlife management program or the cutting or removal of timber on land administered by or under the authority of the Minister of National Defence.

  • 32. Physical activities relating to the testing, construction, operation or disposal of a military weapons platform during the development and acquisition of the weapons system of which the platform is a part.

PART VTRANSPORTATION

  • 33. Physical activities relating to the abandonment of freight operations on a railway line.

  • 34. The construction of drainage or the laying of pipes within the right-of-way of a railway line.

  • 35. The operation of an aircraft at a true Mach number of 1 or greater that was exempted by the Minister of Transport under subsection 5.9(2) of the Aeronautics Act.

  • 36. Dredge or fill operations in a navigation channel of a historic canal or other navigable water for the purpose of ensuring the navigability of the historic canal or other navigable water.

  • 37. The removal or destruction of a wreck or other thing under section 16 of the Navigable Waters Protection Act.

  • 38. The removal of any vessel or other thing that is wrecked, sunk, partially sunk, lying ashore or grounded in any navigable water in Canada where the removal requires an authorization under section 20 of the Navigable Waters Protection Act.

  • 39. The destruction or removal of a ship or any cargo or other material on board a ship that is stranded, wrecked, sunk or abandoned, where the destruction or removal is ordered by the Governor in Council under subsection 13(1) of the Arctic Waters Pollution Prevention Act.

  • 39.1 Physical activities that are carried on in Canada relating to the establishment or relocation of a temporary road for use in winter.

PART VIWASTE MANAGEMENT

PART VIIFISHERIES

  • 42. The destruction of fish by any means other than fishing, where the destruction requires the authorization of the Minister of Fisheries and Oceans under section 32 of the Fisheries Act or authorization under regulations made by the Governor in Council under that Act.

  • 43. The harmful alteration, disruption or destruction of fish habitat by means of physical activities carried out in a water body, including dredge or fill operations, that require the authorization of the Minister of Fisheries and Oceans under subsection 35(2) of the Fisheries Act or authorization under regulations made by the Governor in Council under that Act.

  • 44. The harmful alteration, disruption or destruction of fish habitat by means of draining or altering the water levels of a water body that require the authorization of the Minister of Fisheries and Oceans under subsection 35(2) of the Fisheries Act or authorization under regulations made by the Governor in Council under that Act.

  • 45. The harmful alteration, disruption or destruction of fish habitat by means of erosion control measures adjacent to a water body that require the authorization of the Minister of Fisheries and Oceans under subsection 35(2) of the Fisheries Act or authorization under regulations made by the Governor in Council under that Act.

  • 46. The harmful alteration, disruption or destruction of fish habitat by means of the removal of vegetation in or adjacent to a water body that requires the authorization of the Minister of Fisheries and Oceans under subsection 35(2) of the Fisheries Act or authorization under regulations made by the Governor in Council under that Act.

  • 46.1 The harmful alteration, disruption or destruction of fish habitat by means of physical activities intended to establish or modify more than 500 m of continuous natural shoreline and that require the authorization of the Minister of Fisheries and Oceans under subsection 35(2) of the Fisheries Act or authorization under regulations made by the Governor in Council under that Act.

  • 47. The deposit of a deleterious substance that requires authorization under regulations made by the Governor in Council pursuant to subsection 36(5) of the Fisheries Act.

PART VIIIFLORA AND FAUNA

  • 48. The removal or damaging of vegetation, the carrying on of agricultural activities or the disturbance or removal of soil in a wildlife area that requires a permit under section 4 of the Wildlife Area Regulations.

  • 48.1 Physical activities that are carried on in Canada outside a national park, national park reserve, national historic site or historic canal and that are intended to threaten the continued existence of a biological population in an ecodistrict, either directly or through the alteration of its habitat, except for activities carried on at or in the immediate vicinity of an airport to ensure the safe operation of aircraft.

  • 49. Physical activities referred to in paragraph 3(2)(b) or subsection 10(1) of the Migratory Bird Sanctuary Regulations that require a permit under subsection 9(1) of those Regulations.

  • 50. The killing of a migratory bird or the taking of a migratory bird or its nest or eggs that requires a scientific permit referred to in subsection 19(1) of the Migratory Birds Regulations.

  • 51. The killing of an endangered migratory bird that is considered to be a danger to aircraft operating at an airport that requires a permit under subsection 28(1) of the Migratory Birds Regulations.

  • 52. The collection of eiderdown from migratory birds that requires a permit under subsection 32(1) of the Migratory Birds Regulations.

  • 53. The introduction into Canada for the purpose of sport, acclimatization or release from captivity of a species of migratory bird not indigenous to Canada that requires consent in writing under section 33 of the Migratory Birds Regulations.

  • 54. The deposit, that requires the authorization by the Minister for scientific purposes under paragraph 5.1(3)(b) of the Migratory Birds Convention Act, 1994, of

    • (a) a substance that is harmful to migratory birds in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area; or

    • (b) a substance in any place if the substance, in combination with one or more substances, results in a substance — in waters or an area frequented by migratory birds or in a place from which it may enter such waters or such an area — that is harmful to migratory birds.

  • 55. The killing, capture or possession of any migratory bird or the collection or possession of carcasses, eggs or nests of any migratory bird that requires a special permit under section 36 of the Migratory Birds Regulations.

PART IXPROJECTS ON ABORIGINAL LANDS

  • 56. The use of lands in an Indian reserve for the purpose of Indian schools, the administration of Indian affairs, Indian burial grounds or Indian health projects that requires an authorization under subsection 18(2) of the Indian Act.

  • 57. The occupation or use of, or residence or exercise of rights on, an Indian reserve that requires a permit under subsection 28(2) of the Indian Act.

  • 58. The disposal of sand, gravel, clay or other non-metallic substances on or under lands in an Indian reserve under paragraph 58(4)(b) of the Indian Act or the taking of sand, gravel, clay or other non-metallic substances on or under lands in an Indian reserve that requires a temporary permit under that paragraph.

  • 59. The operation of a garbage dump or the disposal, storage or burning of waste that requires a permit under section 5 of the Indian Reserve Waste Disposal Regulations.

  • 60. The exploration for, or development of, minerals that requires a permit or lease under subsection 5(2) or 6(1) of the Indian Mining Regulations.

  • 61. Exploratory work on Indian lands that requires an exploratory licence under subsection 6(4) of the Indian Oil and Gas Regulations, 1995.

  • 62. to 64. [Repealed, SOR/99-436, s. 17]

  • 65. The exploitation of oil or gas on Indian lands that requires a surface lease or right-of-way under subsection 27(4) of the Indian Oil and Gas Regulations, 1995.

  • 66. The exploitation of oil or gas on Indian lands that requires a right of entry granted under subsection 32(1) of the Indian Oil and Gas Regulations, 1995.

  • 67. The cutting of timber on an Indian reserve that requires a permit, licence or variation under subsection 5(1), section 9 or subsection 22(1) of the Indian Timber Regulations.

PART XNORTHERN PROJECTS

  • 68. [Repealed, SOR/2006-223, s. 36]

  • 69. Physical activities relating to the use of waters or the deposit of waste that require a licence under subsection 14(1) of the Northwest Territories Waters Act or that are the subject of a renewal of or amendment to a licence under paragraph 18(1)(a) or (b), or physical activities relating to a cancellation of a licence under paragraph 18(1)(c) of that Act.

  • 70. Physical activities referred to in section 8 or 9 of the Territorial Land Use Regulations that are carried on in the Yukon Territory or Northwest Territories and that require a Class A Permit or Class B Permit under paragraph 25(1)(a) or 27(a) of those Regulations.

  • 71. The cutting and removal of timber under a timber harvesting agreement entered into by the Minister of Indian Affairs and Northern Development in accordance with section 8 of the Territorial Lands Act.

  • 72. [Repealed, SOR/2006-223, s. 37]

  • 73. The grazing of reindeer that requires a licence under paragraph 5(1)(b) of the Northwest Territories Reindeer Regulations.

  • 73.1 [Repealed, SOR/2006-263, s. 4]

  • 73.2 [Repealed, SOR/2006-223, s. 38]

  • 73.3 [Repealed, SOR/2006-263, s. 5]

PART XIFORESTS

  • 74. The cutting or removal of timber that requires a permit under subsection 7(3) of the Timber Regulations, 1993 or an agreement under section 14 of those Regulations.

PART XIIMISCELLANEOUS

  • 75. A physical activity that requires a licence under paragraph 3(a), (d) or (f) of the Public Lands Licensing Order.

  • 76. Physical activities that require a licence under paragraph 4(2)(a) of the Federal Real Property Regulations to use or occupy federal lands, except

    • (a) activities that would be consistent with the intended and typical use of the federal lands in question and would not

      • (i) result in the alteration of any feature of those federal lands, or

      • (ii) involve the likely release of a polluting substance into a water body;

    • (b) the occupancy of a building or part of a building for residential or office purposes if the occupant is not responsible for the operation of the building; and

    • (c) where the proposed activity is the same as an activity carried on in the same location and for which an environmental assessment has been previously conducted under the Canadian Environmental Assessment Act or the Environmental Assessment and Review Process Guidelines Order and

      • (i) as a result of the assessment, the environmental effects have been determined to be insignificant, taking into account the implementation of mitigation measures, if any, and

      • (ii) the mitigation measures and follow-up program, if any, have been implemented as required in accordance with any timetable established by the responsible authority.

  • 77. Physical activities relating to the establishment or use of a temporary field camp if the camp is to be used for 200 person-days or more, except a military field camp or troop concentration within a designated training area established by or under the authority of the Minister of National Defence before January 19, 1995.

  • 78. The importation of regulated animals or germplasm of regulated animals from countries other than the United States for agricultural purposes, including the raising of those animals in captivity for sale as breeding stock or for the sale of their parts or germplasm, that requires a permit under paragraph 11(1)(a) or 12(1)(a) of the Health of Animals Regulations, other than the importation of the following regulated animals and their germplasm:

    • (a) domestic species of equines, cattle, sheep, swine, goats and poultry;

    • (b) indigenous species that are farmed for fur or their germplasm; and

    • (c) European honeybees.

  • 79. Seismic surveying in Canada not otherwise provided for under this schedule that is either of the following:

    • (a) land-based seismic surveying, if during the survey more than 50 kg of chemical explosive would be detonated in a single blast; or

    • (b) marine or freshwater seismic surveying, if during the survey the air pressure measured at a distance of one metre from the source would be greater than 275.79 kPa (40 pounds per square inch).

  • 80. Outdoor recreational activities to be carried on in rural areas of Canada, except within a national park, national park reserve, national historic site or historic canal, relating to the operation of rafting, boat touring and horseback riding enterprises having more than 10 full-time employees at any one time.

  •  SOR/99-436, ss. 3 to 20;
  • SOR/2000-309, s. 1;
  • SOR/2003-280, s. 2;
  • SOR/2003-349, ss. 2 to 4;
  • SOR/2005-261, s. 3;
  • SOR/2005-314, s. 4;
  • SOR/2006-223, ss. 28 to 34, 35(F), 36 to 38, 39(F);
  • SOR/2007-263, ss. 2, 3(F), 4, 5.