Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Exclusion List Regulations, 2007 (SOR/2007-108)

Regulations are current to 2019-11-19 and last amended on 2010-07-12. Previous Versions

Exclusion List Regulations, 2007

SOR/2007-108

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Registration 2007-05-31

Exclusion List Regulations, 2007

P.C. 2007-835 2007-05-31

Whereas the Governor in Council is satisfied that the environmental effects of certain projects in relation to physical works are insignificant;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subparagraph 59(c)(ii)Footnote a of the Canadian Environmental Assessment ActFootnote b, hereby makes the annexed Exclusion List Regulations, 2007.

Interpretation

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Canadian Environmental Assessment Act. (Loi)

    building

    building means a roofed physical work. (bâtiment)

    Building Canada Plan

    Building Canada Plan[Repealed, 2010, c. 12, s. 2164]

    dugout

    dugout means an excavation to hold water for consumption by livestock. (étang-réservoir)

    environmentally sensitive area

    environmentally sensitive area[Repealed, 2010, c. 12, s. 2164]

    essential systems

    essential systems means the systems and equipment essential to the operation of a physical work including electrical, heating, fire-prevention, plumbing or security systems and equipment. It does not include systems or equipment that produce goods or energy primarily for any purpose other than the operation of the physical work. (système essentiel)

    expansion

    expansion means an increase in the exterior dimensions or the production capacity of a physical work. (agrandissement)

    footprint

    footprint means the area of land occupied by a building or other structure at ground level. (superficie)

    heritage structure

    heritage structure means a building or other structure that is marked or otherwise commemorated under paragraph 3(a) of the Historic Sites and Monuments Act. (structure du patrimoine)

    historic canal

    historic canal has the same meaning as in section 2 of the Historic Canals Regulations and includes any federal lands appertaining or incident to a historic canal. (canal historique)

    hook-up

    hook-up means a structure or line that is used to connect a physical work to a main gas, oil, sewer, water, electrical power or telecommunication line. (raccordement)

    intelligent transportation system

    intelligent transportation system[Repealed, 2010, c. 12, s. 2164]

    international electrical power line

    international electrical power line means an electrical power line constructed or operated for the purpose of conveying electricity from a place in Canada to a place outside Canada or to a place in Canada from a place outside Canada. (ligne internationale de transport d’électricité)

    irrigation system

    irrigation system means any of the following that is used for irrigating agricultural land:

    • (a) a buried pipeline;

    • (b) a pipe;

    • (c) a pump;

    • (d) a pump house;

    • (e) a reservoir;

    • (f) a drain; or

    • (g) a canal lined with asphalt, wood, concrete or other material. (système d’irrigation)

    modification

    modification means an alteration to a physical work that does not alter the purpose or function of the work. It does not include an expansion or a relocation. (modification)

    national historic site

    national historic site means a place that is marked or otherwise commemorated under paragraph 3(a) 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 park named and described in Schedule 1 to the Canada National Parks Act, or a park established under a federal-provincial agreement that is under the responsibility of the Minister of the Environment. (parc national)

    nuclear facility

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

    nuclear substance

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

    oil and gas pipeline

    oil and gas pipeline means a pipeline that is used, or is intended to be used, for the transmission of hydrocarbons alone or with any other commodity. (pipeline d’hydrocarbures)

    park reserve

    park reserve means a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act or a reserve established under a federal-provincial agreement that is under the responsibility of the Minister of the Environment. (réserve)

    polluting substance

    polluting substance means a substance that, if added to a water body, is likely to degrade or alter or form part of a process of degradation or alteration of the physical, chemical or biological conditions of the water body to an extent that is detrimental to its use by plants, animals and human beings. (substance polluante)

    sealed source

    sealed source has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (source scellée)

    serviced

    serviced in relation to a building lot, means equipped with hook-ups to water and sewage mains for water supply and for sewage disposal by way of a centralized municipal or community sewer and water system. (viabilisé)

    subcritical nuclear assembly

    subcritical nuclear assembly means an assembly of fissile material, moderators and reflectors that is not designed to achieve a self-sustaining nuclear chain reaction. (assemblage nucléaire non divergent)

    water body

    water body includes a lake, a canal, a reservoir, an ocean, a river and its tributaries and a wetland, up to the annual high-water mark, but does not include a sewage or waste treatment lagoon, a mine tailings pond, an artificial irrigation pond, a dugout or a ditch that does not contain fish habitat as defined in subsection 34(1) of the Fisheries Act. (plan d’eau)

    wetland

    wetland means a swamp, marsh, bog, fen or other land that is covered by shallow water seasonally or permanently, including land where the water table is located at or close to the surface. (terres humides)

  • (2) For greater certainty, a reference to any physical work includes a reference to its essential systems.

  • SOR/2009-88, s. 1
  • 2010, c. 12, s. 2164

General

 The projects and classes of projects that are set out in Schedule 1 and to be carried out in places other than a national park, park reserve, national historic site or historic canal are exempted from the requirement to conduct an assessment under the Act.

 The projects and classes of projects that are set out in Schedule 2 and to be carried out in a national park, park reserve or national historic site are exempted from the requirement to conduct an assessment under the Act.

 The projects and classes of projects that are set out in Schedule 2 or 3 and to be carried out in a historic canal are exempted from the requirement to conduct an assessment under the Act.

 [Repealed, 2010, c. 12, s. 2165]

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
Date modified: