PART IGeneral

• 1 The proposed maintenance or repair of an existing physical work.

• 2 The proposed operation of an existing physical work that is the same as an operation for which an environmental assessment has been previously conducted under either the Canadian Environmental Assessment Act or the Environmental Assessment Review Process Guidelines Order where

  • (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 substantially implemented.

• • 2.1 (1) The proposed continued operation of an existing physical work where

    • (a) the operation is the same as the existing operation and there is no interruption between the existing and proposed operations;

    • (b) the existing operation has been determined by a federal authority to be unlikely to cause significant adverse environmental effects, taking into account the implementation of mitigation measures, if any; and

    • (c) the mitigation measures and follow-up program, if any, have been substantially implemented.

  • (2) For the purpose of paragraph (1)(a) and for greater certainty, a change of operator does not in itself mean that the proposed continued operation is different than the existing operation.

• 3 The proposed construction or installation of a building with a footprint of less than 100 m² and a height of less than 5 m that would not

  • (a) be carried out in or on or within 30 m of a water body; and

  • (b) involve the likely release of a polluting substance into a water body.

• 3.1 The proposed construction, installation, expansion or modification of a physical work, not otherwise referred to in this Schedule, with a footprint of less than 25 m² that would not

  • (a) be carried out in or on or within 30 m of a water body; or

  • (b) involve the likely release of a polluting substance into a water body.

• 4 The proposed expansion or modification of an existing building, including its fixed structures, that would not

  • (a) increase the footprint or height of the building by more than 10 per cent;

  • (b) be carried out in or on or within 30 m of a water body; and

  • (c) involve the likely release of a polluting substance into a water body.

• 5 The proposed construction, installation, expansion or modification of an environmental scientific data collection instrument and its housing and enclosure that would not

  • (a) be carried out in or on or within 30 m of a water body; or

  • (b) involve the likely release of a polluting substance into a water body.

• 6 The proposed construction, installation, expansion or modification of a ramp, door or handrail to facilitate wheelchair access.

• 7 The proposed construction, installation, expansion or modification of a temporary exhibition structure inside, or affixed to the exterior of, an existing building.

• 8 The proposed construction of a sidewalk or boardwalk, or a parking lot with a parking capacity of 10 automobiles or fewer, where the construction

  • (a) would be contiguous to an existing building;

  • (b) would not be carried out in or on or within 30 m of a water body; and

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

• 9 The proposed expansion or modification of an existing sidewalk, boardwalk or parking lot that would not

  • (a) increase the area of the sidewalk, boardwalk or parking lot by more than 10 per cent;

  • (b) be carried out in or on or within 30 m of a water body; and

  • (c) involve the likely release of a polluting substance into a water body.

• 10 The proposed expansion or modification of an existing fence that would not

  • (a) increase the length or height of the fence by more than 10 per cent;

  • (b) be carried out in or on or within 30 m of a water body; and

  • (c) involve the likely release of a polluting substance into a water body.

• 11 The proposed construction, installation, expansion or modification of a hydrant or hook-up, where

  • (a) the hydrant or hook-up would be or is part of an existing farm or municipal system of distribution; and

  • (b) the construction, installation, expansion or modification would not involve the crossing of a water body other than an aerial crossing by a telecommunication or electrical transmission line.

• 12 The proposed construction, installation, expansion or modification of a sign no surface of which would have or has an area of more than 25 m² and which would be or is situated at a distance of less than 15 m from an existing building.

• 13 The proposed construction, installation, expansion or modification of a radiocommunication antenna and its supporting structure that

  • (a) would not be carried out in or on or within 30 m of a water body;

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

  • (c) would have one of the following characteristics:

    • (i) the antenna and supporting structure are affixed to an existing building,

    • (ii) the antenna and supporting structure are situated at a distance of less than 15 m from an existing building, and

    • (iii) neither the antenna nor its supporting structure nor any of its supporting lines have a footprint of more than 25 m²; and

  • (d) in the case of subparagraph (c)(iii), would not require a permit under paragraph 25(1)(a) or 27(a) of the Territorial Land Use Regulations.

• 14 The proposed construction, installation, expansion or modification of a temporary field camp used for scientific or technical research, or for reforestation, if

  • (a) the temporary field camp

    • (i) would be in use for fewer than 200 person-days, or

    • (ii) is a military field camp or a designated training area established under the authority of the Minister of National Defence before January 19, 1995; and

  • (b) the proposed construction, installation, expansion or modification would not

    • (i) be carried out in or on or within 30 m of a water body, and

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

• 15 The proposed expansion or modification of an existing road that would be carried out on the existing road right of way and would not

  • (a) lengthen the road;

  • (b) widen the road by more than 15 per cent;

  • (c) be carried out in or on or within 30 m of a water body; and

  • (d) involve the likely release of a polluting substance into a water body.

• 16 The proposed demolition of an existing building with a floor area of less than 1 000 m² that would not

  • (a) be carried out in or on or within 30 m of a water body;

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

  • (c) be carried out within 30 m of another building.

• 17 The proposed construction, installation or modification of Canada-United States international boundary monuments.

PART IIAgriculture

• 18 The proposed modification of an existing irrigation structure that would not involve the likely release of a polluting substance into a water body.

• 19 The proposed construction, expansion or modification of a domestic or farm water supply well, pump house, water-tank loading facility or dugout on agricultural land that would not

  • (a) be carried out in or on or within 30 m of a water body; and

  • (b) involve the likely release of a polluting substance into a water body.

• 20 The proposed construction, expansion or modification of a centre pivot or side roll sprinkler on agricultural land that would not

  • (a) be carried out in or on or within 30 m of a water body; and

  • (b) involve the likely release of a polluting substance into a water body.

PART IIIElectrical and Nuclear Energy

• 21 The proposed construction or installation of an electrical transmission line, other than an international electrical transmission line, with a voltage of not more than 130 kV, where the construction or installation would not

  • (a) be carried out beyond an existing right of way;

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

  • (c) involve the placement in or on a water body of the supporting structures for the electrical transmission line.

• 22 The proposed expansion or modification of an existing telecommunication or electrical transmission line, other than an international electrical transmission line, that would not

  • (a) lengthen the line by more than 10 per cent;

  • (b) be carried out beyond an existing right of way;

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

  • (d) involve the placement in or on a water body of the supporting structures for the telecommunication or electrical transmission line.

• 23 The proposed construction or installation of a switching station associated with a telecommunication or electrical transmission line with a voltage of not more than 130 kV, other than an international transmission line, where the construction or installation would not

  • (a) be carried out beyond an existing right of way;

  • (b) be carried out in or on or within 30 m of a water body; and

  • (c) involve the likely release of a polluting substance into a water body.

• 24 The proposed expansion or modification of an existing switching station associated with a telecommunication or electrical transmission line, where the expansion or modification would not

  • (a) be carried out beyond an existing right of way;

  • (b) be carried out in or on or within 30 m of a water body; and

  • (c) involve the likely release of a polluting substance into a water body.

• 25 The proposed construction, installation, expansion or modification of an international electrical transmission line with a voltage of not more than 50 kV that would not

  • (a) be carried out beyond an existing right of way;

  • (b) extend more than 4 km outside Canada;

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

  • (d) involve the placement of the supporting structures for the line in or on or within 30 m of a water body.

• 26 The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of

  • (a) a subcritical nuclear assembly;

  • (b) Class II prescribed equipment;

  • (c) a radiation device affixed to a nuclear facility; or

  • (d) a Class II nuclear facility other than a Class II nuclear facility that employs a pool-type irradiator in which the form and composition of the nuclear substance within the sealed source is such that the nuclear substance would be readily dispersed in air or easily dissolved in water if the source encapsulation were ruptured.

• 27 The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of a physical work for the processing of nuclear substances or the manufacture of sealed sources, where the activity of the annual throughput of nuclear substances is less than 1PBq.

• 28 The proposed construction, installation, operation, modification, decommissioning or abandonment of monitoring, safety or security equipment that is affixed or adjacent to an existing nuclear facility.

• 29 The proposed modification of an existing nuclear facility that is the same as a modification of that nuclear facility for which an environmental assessment has been previously conducted under either the Canadian Environmental Assessment Act or the Environmental Assessment Review Process Guidelines Order, where

  • (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 for their implementation in the assessment report.

• 30 The proposed expansion or modification of any fixed structure within an existing nuclear facility that would not

  • (a) be carried out in or on or within 30 m of a water body; and

  • (b) involve the likely release of a polluting substance into a water body.

PART III.1Oil and Gas Pipelines

• • 30.1 (1) Subject to subsection (2), the proposed addition or installation of any of the following components with respect to an existing onshore oil and gas pipeline:

    • (a) a new connection;

    • (b) piping;

    • (c) cathodic protection systems, including rectifiers;

    • (d) valves, including valve vaults and pressure transmitters;

    • (e) compressor and pump station components including compressors, pumps, motors, silencers, scrubbers, gas seals, system boilers, scraper traps, switch gear, transformers and uninterruptible power supply;

    • (f) storage tank components, including mixers and ladders;

    • (g) metering and regulating facilities;

    • (h) quality measurement systems, including analyzers for water or basic sediment, densitometers, calorimeters, in-line viscometers, gas chromatographs and automatic/composite samplers; or

    • (i) mechanical and electrical systems of a facility building, including plumbing, air conditioning, heating and ventilation systems, not involving the use or disposal of chlorofluorocarbons.

  • (2) Subsection (1) does not apply to the proposed addition or installation of a pipeline component that would

    • (a) result in the extension of the pipeline beyond the existing limits of the right-of-way or of other property on which the pipeline is located;

    • (b) be undertaken within 30 m of a water body; or

    • (c) involve the likely release of a polluting substance into a water body, or result in an increase in airborne emissions or noise during the operation of the facility.

• 30.2 The proposed relocation of a section of oil and gas pipeline that would not

  • (a) result in the extension of the pipeline beyond the existing limits of the right-of-way or of other property on which the pipeline is located;

  • (b) be undertaken within 30 m of a water body; or

  • (c) involve the likely release of a polluting substance into a water body, or result in an increase in airborne emissions or noise during the operation of the facility.

PART IVForestry

• 31 The proposed expansion or modification of an existing drainage structure, other than a drainage structure connected to a water body, on forested land, where the expansion or modification

  • (a) would not lengthen the structure by more than 10 per cent; and

  • (b) would be carried out in a place other than a place in the Yukon Territory or the Northwest Territories.

PART VWater Projects

• 32 The proposed construction, expansion, modification or demolition that would not involve the likely release of a polluting substance into a water body, of a structure, such as a bait storage depot, net repair area or patrol cabin, that

  • (a) would be or is located on land;

  • (b) would be or is associated with fishing or the use of small pleasure craft; and

  • (c) would have or has a floor area of less than 100 m² and a height of less than 5 m.

• 33 The proposed construction, installation, expansion or modification of a fish habitat improvement structure that would not involve the use of heavy machinery.

• 34 The proposed modification of an existing wharf, other than a floating wharf, or of an existing breakwater that is accessible by land, where the modification would not

  • (a) be carried out below the high-water mark of the breakwater or wharf;

  • (b) involve dredging; and

  • (c) involve the likely release of a polluting substance into a water body.

• 35 The proposed re-installation, expansion or modification of an existing floating wharf that would not increase its area by more than 10 per cent.

• 36 The proposed demolition of an existing wharf that would not involve

  • (a) the use of explosives; and

  • (b) the likely release of a polluting substance into a water body.

PART VITransportation

• 37 The proposed expansion or modification of an existing pavement or gravel area within the boundary of an airport, as defined in subsection 3(1) of the Aeronautics Act, that would not

  • (a) increase the pavement or gravel area by more than 10 per cent;

  • (b) be carried out in or on or within 30 m of a water body; and

  • (c) involve the likely release of a polluting substance into a water body.

• 38 The proposed modification of existing aircraft manoeuvring lights or navigation aids.

• 39 The proposed construction, installation, expansion or modification of an automatic warning structure at a railway level crossing.

• 40 The proposed construction, installation, expansion or modification of a railway traffic control signal structure on an existing railway right of way.

• • 41 (1) Despite subsection 30.1(1) and paragraph 30.2(a), if any of the facilities described in the following paragraphs cross under a railway or road, the proposed construction, installation, replacement or modification of that part of the facility that crosses under the railway or road as well as any other part of the facility located within the railway or road right-of-way

    • (a) an oil and gas pipeline or a pipeline used for the transmission of any other flammable or highly volatile liquid;

    • (b) a water pipe; or

    • (c) a sewer or a drain.

  • (2) Subsection (1) does not apply if the proposed construction, installation, replacement or modification would

    • (a) be undertaken within 30 m of a water body; or

    • (b) involve the likely release of a polluting substance into a water body, or result in an increase in airborne emissions or noise during the operation of the facility.

  SOR/2001-256, s. 1.

• 42 The proposed modification of that part of an existing culvert that

  • (a) is not connected to a water body;

  • (b) crosses under a railway or road; and

  • (c) is within the existing railway or road right of way.

• 43 The proposed modification of an existing railway line, except for a modification outside the right-of-way or beyond 100 m of the centre line of the railway line for a distance of greater than 3 km, that would not

  • (a) be carried out in or on or within 30 m of a water body; and

  • (b) involve the likely release of a polluting substance into a water body.

• 44 The proposed modification of an existing road crossing, as defined in subsection 4(1) of the Railway Safety Act, where the modification would

  • (a) be carried out on an existing right of way;

  • (b) not be subject to an authorization under subsection 101(3) of the Canada Transportation Act;

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

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

• 1 The proposed modification, maintenance or repair of an existing structure, other than a structure referred to in section 2, including its internal fixed structures, that would not

  • (a) increase the footprint or height of the structure;

  • (b) involve a heritage structure;

  • (c) involve a change in the method of sewage disposal, or an increase in the amount of sewage, waste or emission;

  • (d) involve any excavation beyond the footprint of the structure;

  • (e) create a need for related facilities such as parking spaces; or

  • (f) involve the likely release of a polluting substance into the environment.

• 2 The proposed modification, maintenance or repair of an existing structure, including its internal fixed structures, in the Town of Banff or the Town of Jasper described in Schedule I to the National Parks Lease and Licence of Occupation Regulations (1991), in any resort subdivision described in Schedule II to those Regulations or in any visitor centre described in Schedule III to those Regulations, that would not

  • (a) be carried out beyond lands subject to an existing lease;

  • (b) increase the footprint or height of the structure by more than 10%;

  • (c) involve a heritage structure;

  • (d) be carried out in, on or over a water body;

  • (e) involve the likely release of a polluting substance into the environment; or

  • (f) involve the cutting of indigenous trees.

• 3 The proposed maintenance or repair of an existing sidewalk, boardwalk or parking lot.

• 4 The proposed maintenance or repair of an existing fence.

• 5 The proposed construction, installation, maintenance or repair of a sign within an existing right of way or that is carried out at a distance of less than 15 m from an existing building.

• 6 The proposed maintenance or repair of an existing road, including pull-off areas, that would be carried out on the existing right of way and would not

  • (a) result in the likely release of a polluting substance into a water body; and

  • (b) involve the application of a dust control product or salt to the road or of a pest control product to the areas adjacent to the road.

• 7 The proposed maintenance or repair of an existing environmental data collection instrument and its housing and enclosure.

• 8 The proposed construction or installation of an interpretive display or exhibit associated with an existing building, road, pull-off area or trail, if the construction or installation would not

  • (a) require an expansion of any existing associated facilities; or

  • (b) be located in a special preservation area or a wilderness area set out in a parks management plan laid before each House of Parliament under subsection 5(1.1) of the National Parks Act.

• 9 The proposed construction, installation, modification, maintenance or repair of a handrail or guard-rail associated with an existing structure.

• 10 The proposed maintenance or repair of an existing fire tower.

• 11 The proposed operation of an existing physical work that is the same as an operation for which an environmental assessment has been previously conducted under the Canadian Environmental Assessment Act or the Environmental Assessment and Review Process Guidelines Order, if

  • (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.

• 12 The proposed modification, maintenance or repair of an existing buried water, sewer, gas, electricity or telephone service line, other than a line crossing a water body, in the Town of Banff or the Town of Jasper described in Schedule I to the National Parks Lease and Licence of Occupation Regulations (1991), in any resort subdivision described in Schedule II to those Regulations or in any visitor centre described in Schedule III to those Regulations, where the modification, maintenance or repair would

  • (a) take place in a built-up area;

  • (b) not involve the cutting of indigenous trees;

  • (c) not be carried out in or on or within 30 m of a water body;

  • (d) not involve the likely release of a polluting substance into the environment;

  • (e) not increase the operating capacity of the water, sewer, gas, electricity or telephone service line; and

  • (f) not involve a risk of physical harm to mammals.

• 1 The proposed maintenance or repair of an existing dam, historic canal, lock or retaining wall, where the maintenance or repair would not involve

  • (a) the removal or the lowering of the level of the water in any part of the canal;

  • (b) the likely release of a polluting substance into the canal; and

  • (c) dredging, blasting or filling.

• 2 The proposed maintenance or repair, that would not result in the likely release of a polluting substance, of an existing structure, where the structure is used

  • (a) as a base for navigation aids;

  • (b) to control the flow of water in the main channel of a historic canal; or

  • (c) as a breakwater.

• 3 The proposed construction, installation, maintenance or repair of any in-water structure that does not have a solid foundation or penetrate the bed of a historic canal, where that installation, maintenance or repair would not involve

  • (a) the likely release of a polluting substance into the canal;

  • (b) the use of heavy machinery on the bed of the canal to install or maintain the structure; and

  • (c) dredging.

• 4 The proposed construction, installation, maintenance or repair of shore stabilization works that would not involve

  • (a) the likely release of a polluting substance into a historic canal;

  • (b) the use of heavy machinery on the bed of the canal;

  • (c) dredging or excavation; and

  • (d) any encroachment on the bed of the canal.

• 5 The proposed construction, installation, maintenance or repair of a non-commercial marine railway or boat lift that would not involve

  • (a) the likely release of a polluting substance into a historic canal;

  • (b) the use of heavy machinery on the bed of the canal to install, maintain or repair the marine railway or boat lift; and

  • (c) dredging.

• 6 The proposed construction, installation, maintenance or repair of an aerial telecommunication or electrical transmission line that would cross or does cross a historic canal and is supported by a single pole on either side of the canal.

• 7 The proposed construction, installation, maintenance or repair of a submarine cable or submarine utility pipeline, other than an oil and gas pipeline, where the construction, installation, maintenance or repair would not involve

  • (a) the crossing of a wetland; and

  • (b) any alteration to the bed of a historic canal.