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Assessable Activities, Exceptions and Executive Committee Projects Regulations (SOR/2005-379)

Regulations are current to 2024-10-30 and last amended on 2021-02-26. Previous Versions

SCHEDULE 2(Paragraphs 3(b) and (c) and subsection 4(2))General Exceptions

PART 1Activities in an Area other than a National Park, National Park Reserve and National Historic Site

  • 1 Maintenance or repair of a structure, facility or installation.

  • 2 Construction of a building if the building has a footprint of less than 100 m 2 and a height of less than 5 m and if the construction

    • (a) is not being carried out in, on or within 30 m of a water body; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

  • 3 Construction or modification of a structure or facility if the structure or facility has a footprint that is, and in the case of a modification remains, less than 25 m2 and if the construction or modification

    • (a) is not being carried out in, on or within 30 m of a water body; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

  • 4 Modification of a building, including its electrical, heating, fire-prevention, plumbing or security system but not including a system that is intended to produce goods or energy, if the modification

    • (a) does not increase the footprint or height of the building by more than 10%;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 5 Construction, installation or modification of a ramp, door or handrail to facilitate wheelchair access.

  • 6 Construction of a sidewalk or boardwalk, or a parking lot with a parking capacity of 10 automobiles or less, if the construction

    • (a) is contiguous to a building;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 7 Modification of a sidewalk, boardwalk or parking lot if the modification

    • (a) does not increase the area of the sidewalk, boardwalk or parking lot by more than 10%;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 8 Modification of a fence if the modification

    • (a) does not increase the length or height of the fence by more than 10%;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 9 Construction, installation or modification of a hydrant or a structure or line that connects a building to a main natural gas, sewer, water, electrical transmission or telecommunications line, if the hydrant, structure or line is part of a farm or municipal system of distribution and the activity does not involve the crossing of a water body other than an aerial crossing by a telecommunications or electrical transmission line.

  • 10 Construction, installation or modification of a sign if each surface of the sign has an area that is, and in the case of a modification remains, 25 m2 or less and the sign is, and in the case of a modification remains, either affixed to or located within 15 m of a building.

  • 11 Construction, installation or modification of a radiocommunication antenna and its supporting structure, if the antenna and supporting structure are, and in the case of a modification remain, either affixed to or located within 15 m of a building, and have a footprint that is, and in the case of a modification remains, 25 m2 or less, and if the activity

    • (a) is not being carried out in, on or within 30 m of a water body; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

  • 12 Establishment or modification of a field camp used for scientific or technical research, or for reforestation, if the field camp will be in use for less than 200 person-days and if the establishment or modification

    • (a) is not being carried out in, on or within 30 m of a water body; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

  • 13 Modification of a road if the modification

    • (a) is being carried out on the road right of way;

    • (b) does not increase the length of the road;

    • (c) does not increase the width of the road by more than 15%;

    • (d) is not being carried out in, on or within 30 m of a water body; and

    • (e) is not likely to involve the release of a polluting substance into a water body.

  • 14 Demolition of a building if the building has a floor area of less than 1000 m2 and if the demolition

    • (a) is not being carried out within 30 m of another building;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 15 Construction, installation or modification of Canada-United States international boundary monuments.

  • 16 Modification of a pipe, pump, pump house, reservoir or drain, or a canal with an inner lining, that is used for irrigating agricultural land, if the modification is not likely to involve the release of a polluting substance into a water body.

  • 17 On agricultural land, construction or modification of a domestic or farm water supply well, pump house, water-tank loading facility, dugout to hold water for consumption by livestock, centre pivot or side roll sprinkler if the construction or modification

    • (a) is not being carried out in, on or within 30 m of a water body; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

  • 18 Construction, modification or demolition of a structure or facility located on land and associated with fishing or recreational boating if the structure or facility has a footprint that is, and in the case of a modification remains, less than 100 m2 and a height that is, and in the case of a modification remains, less than 5 m and if the activity is not likely to involve the release of a polluting substance into a water body.

  • 19 Modification of a wharf, other than a floating wharf, or of a breakwater that is accessible by land, if the modification

    • (a) is not being carried out below the ordinary high-water mark;

    • (b) does not involve dredging; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 20 Re-installation of a floating wharf or a modification of a floating wharf that does not increase its area by more than 10%.

  • 21 Demolition of a wharf if the demolition

    • (a) does not involve the use of explosives; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

  • 22 Modification of that part of a culvert that crosses under a railway or road and is not connected to a water body.

  • 23 Construction, installation, replacement or modification of that part of the following facilities — an oil or natural gas pipeline, a pipeline used for the transmission of any other flammable or highly volatile liquid, a water pipe, a sewer or a drain — that crosses under a railway or road or is located within the railway or road right of way, if the activity

    • (a) does not result in an increase in airborne emissions or noise during the operation of the pipeline, pipe, sewer or drain;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 24 Addition or installation of an oil or natural gas pipeline component, or a relocation of a section of an oil or natural gas pipeline, except any part of the component or pipeline that crosses under a railway or road or is located within the railway or road right of way, if the activity

    • (a) does not result in an increase in airborne emissions or noise during the operation of the pipeline;

    • (b) does not result in the extension of the pipeline beyond the limits of the right of way or of other land on which the pipeline is located;

    • (c) is not being carried out in, on or within 30 m of a water body; and

    • (d) is not likely to involve the release of a polluting substance into a water body.

  • 25 Construction or installation of an electrical transmission line, other than an international electrical transmission line, with a voltage of 130 kV or less, if the construction or installation

    • (a) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;

    • (b) is not likely to involve the release of a polluting substance into a water body; and

    • (c) does not involve the placement in or on a water body of the supporting structures for the electrical transmission line.

  • 26 Modification of an electrical transmission line, other than an international electrical transmission line, or of a telecommunications line, if the modification

    • (a) does not alter its purpose or function;

    • (b) does not lengthen the line by more than 25 km;

    • (c) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;

    • (d) is not likely to involve the release of a polluting substance into a water body; and

    • (e) does not involve the placement in or on a water body of the supporting structures for the electrical transmission or telecommunications line.

  • 27 Construction or installation of a switching station associated with an electrical transmission line with a voltage of 130 kV or less, other than an international electrical transmission line, or associated with a telecommunications line, if the construction or installation

    • (a) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 28 Modification of a switching station associated with an electrical transmission line or a telecommunications line if the modification

    • (a) does not alter its purpose or function;

    • (b) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;

    • (c) is not being carried out in, on or within 30 m of a water body; and

    • (d) is not likely to involve the release of a polluting substance into a water body.

  • 29 Construction, installation or modification of an international electrical transmission line with a voltage of 50 kV or less if the activity

    • (a) with respect to any modification made, does not alter its purpose or function;

    • (b) does not extend the line more than 4 km outside Canada;

    • (c) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;

    • (d) is not likely to involve the release of a polluting substance into a water body; and

    • (e) does not involve the placement of the supporting structures for the international electrical transmission line in, on or within 30 m of a water body.

  • 30 Modification of an aerodrome, other than a modification of a pavement or gravel area within the boundary of an airport, if the modification

    • (a) does not increase a pavement or gravel area by more than 20%;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 31 Modification of a pavement or gravel area within the boundary of an airport if the modification

    • (a) does not increase the pavement or gravel area by more than 10%;

    • (b) is not being carried out in, on or within 30 m of a water body; and

    • (c) is not likely to involve the release of a polluting substance into a water body.

  • 32 Modification of aircraft manoeuvring lights or navigation aids for aircraft.

  • 33 Construction, installation or modification of an automatic warning structure at a railway level crossing.

  • 34 Construction, installation or modification of a railway traffic control signal structure on a railway right of way.

  • 35 Modification of a railway line, other than an expansion, if the modification

    • (a) does not alter its purpose or function;

    • (b) is being carried on within the railway right of way and involves the installation of no more than 3 km of track located beyond 100 m of the centre line of the railway line;

    • (c) is not being carried out in, on or within 30 m of a water body; and

    • (d) is not likely to involve the release of a polluting substance into a water body.

  • 36 Modification of a road crossing, other than an expansion, if the modification

    • (a) does not alter its purpose or function;

    • (b) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;

    • (c) is in accordance with an agreement referred to in subsection 101(1) of the Canada Transportation Act;

    • (d) is not being carried out in, on or within 30 m of a water body; and

    • (e) is not likely to involve the release of a polluting substance into a water body.

  • 37 Construction, installation or modification of an exhibition structure that is inside or affixed to the exterior of a building and is to remain in place for less than 12 consecutive months.

  • 38 Installation, operation, modification, decommissioning or abandonment of an environmental scientific data collection instrument and its housing or enclosure if the activity

    • (a) is not being carried out in, on or within 30 m of a water body; and

    • (b) is not likely to involve the release of a polluting substance into a water body.

PART 2Activities in a National Park, Nationalpark Reserve or National Historic Site

  • 39 Modification, maintenance or repair of a structure, facility or installation, including its electrical, heating, fire-prevention, plumbing or security system but not including a system that is intended to produce goods or energy, if the activity

    • (a) does not increase the footprint or height of the structure or facility;

    • (b) does not involve a structure, facility or installation commemorated under section 3 of the Historic Sites and Monuments Act;

    • (c) does not involve a change in the method of sewage disposal or an increase in the amount of sewage, waste or emission;

    • (d) does not involve any excavation beyond the footprint of the structure or facility;

    • (e) does not create a need for related facilities, such as parking spaces; and

    • (f) is not likely to involve the release of a substance into the environment that is likely to pollute the environment.

  • 40 Maintenance or repair of

    • (a) a sidewalk, boardwalk or parking lot;

    • (b) a fence;

    • (c) an environmental data collection instrument and its housing or enclosure; or

    • (d) a fire tower.

  • 41 Maintenance or repair of a road, including pull-off areas, if the maintenance or repair

    • (a) is being carried out on the right of way;

    • (b) is not likely to involve the release of a polluting substance into a water body; and

    • (c) does not involve the application of salt, a dust control liquid or a control product.

  • 42 Construction, installation, modification, maintenance or repair of a sign if the sign is, and in the case of a modification remains, located on a right of way developed for a power line, pipeline, railway line or road, or if it is, and in the case of a modification remains, either affixed to or located within 15 m of a building.

  • 43 Construction or installation of an interpretive display or exhibit associated with a building, road, pull-off area or trail if the construction or installation does not require the expansion of any related facilities or is to be carried out in a special preservation area or a wilderness area set out in a management plan tabled in each House of Parliament in accordance with section 32 of the Parks Canada Agency Act or section 11 of the Canada National Parks Act.

  • 44 Construction, installation, modification, maintenance or repair of a handrail or guard-rail associated with a structure.

 

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