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  1. Physical Activities Regulations - SOR/2019-285 (SCHEDULE : Physical Activities)
    Physical Activities Regulations

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    1 The construction, operation, decommissioning and abandonment in a wildlife area, as defined in section 2 of the Wildlife Area Regulations, a migratory bird sanctuary, as defined in subsection 2(1) of the Migratory Bird Sanctuary Regulations or a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act, of one of the following:

    [...]

    3 The disposal at sea, in a national marine conservation area, of waste or other matteras defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999 at a new disposal at sea site or a new part of an existing disposal at sea site.

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    9 The construction, operation, decommissioning and abandonment, in Yoho National Park of Canada, Kootenay National Park of Canada, Banff National Park of Canada or Jasper National Park of Canada, outside of a commercial ski area referred to in Schedule 5 to the Canada National Parks Act and of a park community, of a new commercial development that requires the disposal or occupation of land that was not previously disposed of for the purpose of a commercial development with the same or a similar purpose or occupied by such a commercial development, if that new commercial development has not been subject to strategic environmental assessment and public review as part of the park management plan tabled in each House of Parliament under subsection 11(1) of the Canada National Parks Act.

    10 The expansion, in Yoho National Park of Canada, Kootenay National Park of Canada, Banff National Park of Canada or Jasper National Park of Canada, outside of a commercial ski area referred to in Schedule 5 to the Canada National Parks Act and of a park community, of an existing commercial development that requires the disposal or occupation of land that was not previously disposed of for the purpose of a commercial development with the same or a similar purpose or occupied by such a commercial development, if that existing commercial development has not been subject to strategic environmental assessment and public review as part of a park management plan tabled in each House of Parliament under subsection 11(1) of the Canada National Parks Act.

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    12 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.

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    28 The construction and operation of either of the following:

    • (a) a new facility for the storage of irradiated nuclear fuel or nuclear waste, outside the licensed boundaries of an existing nuclear facility, as defined in section 2 of the Nuclear Safety and Control Act, other than a facility for the on-site storage of irradiated nuclear fuel or nuclear waste associated with one or more new fission or fusion reactors that have a combined thermal capacity of less than 200 MWth;

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    34 The drilling, testing and abandonment, in an area set out in one or more exploration licences issued in accordance with the Canada Petroleum Resources Act, the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, of offshore exploratory wells in the first drilling program, as defined in subsection 1(1) of the Canada Oil and Gas Drilling and Production Regulations, SOR/2009-315.

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    38 The expansion of one of the following:

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    • (d) an existing facility for the liquefaction, storage or regasification of liquefied natural gas, if the expansion 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 136 000 m3 or more, as the case may be;

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    40 The construction, operation, decommissioning and abandonment of a new offshore oil and gas pipeline, other than a flowlineas defined in subsection 2(1) of the Canada Oil and Gas Installations Regulations.

    41 The construction, operation, decommissioning and abandonment of a new pipeline, as defined in section 2 of the Canadian Energy Regulator Act, other than an offshore pipeline, that requires a total of 75 km or more of new right of way.

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  2. Physical Activities Regulations - SOR/2019-285 (Section 1)
    Physical Activities Regulations
    Marginal note:Definitions
    •  (1) The following definitions apply in these Regulations.

      aerodrome

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

      Class IA nuclear facility

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

      disposal at sea

      disposal at sea  means disposal, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, but does not include any omission that constitutes a disposal in paragraph (g) of the definition of that term. (immersion)

      exploratory well

      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 wellas those terms are defined in that subsection. (puits d’exploration)

      national marine conservation area

      national marine conservation area  means a marine conservation area or a reserve, as those terms are defined in subsection 2(1) of the Canada National Marine Conservation Areas Act, or the Saguenay-St. Lawrence Marine Park established under section 5 of the Saguenay-St. Lawrence Marine Park Act. (aire marine nationale de conservation)

      national park

      national park  means a park or a park reserveas those terms are defined in subsection 2(1) of the Canada National Parks Act. (parc national)

      navigable water

      navigable water  has the same meaning as in section 2 of the Canadian Navigable Waters Act. (eaux navigables)

      new right of way

      new right of way  means land that is to be developed for an international electrical transmission line, a pipeline, as defined in section 2 of the Canadian Energy Regulator Act, a railway line or an all-season public highway, and that is not alongside and contiguous to an area of land that was developed for an electrical transmission line, oil and gas pipeline, railway line or all-season public highway. (nouvelle emprise)

      nuclear substance

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

      offshore area

      offshore area  has the same meaning as in section 2 of the Canadian Energy Regulator Act. (zone extracôtière)

      park community

      park community  has the same meaning as in subsection 2(1) of the Canada National Parks Act. (collectivité)

    [...]


  3. Physical Activities Regulations - SOR/2019-285 (Section 1)
    Physical Activities Regulations

    [...]

    Marginal note:Definitions
    • [...]

       (1) The following definitions apply in these Regulations.

      aerodrome

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

      Class IA nuclear facility

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

      disposal at sea

      disposal at sea  means disposal, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, but does not include any omission that constitutes a disposal in paragraph (g) of the definition of that term. (immersion)

      exploratory well

      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 wellas those terms are defined in that subsection. (puits d’exploration)

      national marine conservation area

      national marine conservation area  means a marine conservation area or a reserve, as those terms are defined in subsection 2(1) of the Canada National Marine Conservation Areas Act, or the Saguenay-St. Lawrence Marine Park established under section 5 of the Saguenay-St. Lawrence Marine Park Act. (aire marine nationale de conservation)

      national park

      national park  means a park or a park reserveas those terms are defined in subsection 2(1) of the Canada National Parks Act. (parc national)

      navigable water

      navigable water  has the same meaning as in section 2 of the Canadian Navigable Waters Act. (eaux navigables)

      new right of way

      new right of way  means land that is to be developed for an international electrical transmission line, a pipeline, as defined in section 2 of the Canadian Energy Regulator Act, a railway line or an all-season public highway, and that is not alongside and contiguous to an area of land that was developed for an electrical transmission line, oil and gas pipeline, railway line or all-season public highway. (nouvelle emprise)

      nuclear substance

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

      offshore area

      offshore area  has the same meaning as in section 2 of the Canadian Energy Regulator Act. (zone extracôtière)

      park community

      park community  has the same meaning as in subsection 2(1) of the Canada National Parks Act. (collectivité)


  4. Physical Activities Regulations - SOR/2019-285 (Section 4)
    Physical Activities Regulations
    Marginal note:Project on federal lands or outside Canada

  5. Physical Activities Regulations - SOR/2019-285 (Section 2)
    Physical Activities Regulations
    Marginal note:Physical activities — designated projects
    • [...]

    • Marginal note:Exception

      (3) Subsections (1) and (2) do not apply to a physical activity that is a project, as defined in section 66 of the Canadian Environmental Assessment Act, 2012, if, before the coming into force of the Impact Assessment Act, an authority, as defined in that section, has made a determination under section 67 of the Canadian Environmental Assessment Act, 2012 or has indicated in writing that it has started to make its determination for the purpose of that section of whether or not the carrying out of the project is likely to cause significant adverse environmental effects.



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