Canada Gazette, Part I, Volume 158, Number 30: Order Designating Certain Excluded Classes of Projects

July 27, 2024

Statutory authority
Impact Assessment Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The Impact Assessment Act (IAA) sets out requirements in relation to projects on federal lands or outside Canada (sections 81 to 91). Federal authorities and authorities set out in Schedule 4 of the IAA (authorities) have responsibilities in relation to

• projects on federal lands (section 82) where the authority
  • is the proponent,
  • provides financial assistance,
  • provides land (e.g. sells or leases federal land), or
  • exercises any power or performs a duty or function under any Act of Parliament (i.e. issues a permit, authorization, etc.); and
• projects outside Canada (section 83) where the authority
  • is the proponent, or
  • provides financial assistance.

The IAA enables the Minister of the Environment (the Minister) to designate, by order, classes of projects that, if carried out, will cause only insignificant adverse environmental effects (section 88). The Designated Classes of Projects Order (the Ministerial Exclusion Order) came into force in 2019 and lists the most routine, straightforward, and low-risk projects. For these projects, authorities are excluded from the requirements under the IAA.

Authorities review large numbers of projects on federal lands and outside Canada. A portion of these projects have the potential for only insignificant adverse environmental effects yet are not excluded by the current Ministerial Exclusion Order. This includes minor projects like the installation of a flagpole at a federal building, or the replacement of a gate in a national wildlife area. Some projects also encompass certain low-risk activities related to essential infrastructure such as water utilities and telecommunications lines, including on First Nations reserve lands, and projects that enhance safety, such as marine and air transport navigation aids, as well as projects that have environmental benefits, such as aquatic habitat restoration.

The proposed changes to the Ministerial Exclusion Order would expand the number of excluded project classes. The proposed new classes are limited by size thresholds and other conditions that would ensure that adverse environmental effects are insignificant. This would help enable such projects to proceed without delay, and allow resources to be directed towards the assessment of proposals with greater potential for adverse environmental effects.

Background

The IAA sets out an impact assessment process to serve as a planning tool for major projects that provides for public and Indigenous engagement, assessment of positive and negative project impacts, and focuses on prevention and mitigation of adverse effects in areas of federal jurisdiction. This process applies to those major projects, designated under the Physical Activities Regulations, which have the greatest potential for adverse effects in federal jurisdiction. For these designated projects, the Impact Assessment Agency of Canada (IAAC) is the lead organization responsible for the impact assessment process.

The IAA also sets out requirements relating to non-designated projects that take place on federal lands or outside Canada (sections 81 to 91). These requirements apply to a very broad range of projects, including the routine maintenance and repair of existing infrastructure, as well as larger undertakings including the construction of new buildings, bridges, energy generation and distribution infrastructure, and roads. For these projects, before taking an action or making a decision that would enable a project to proceed, authorities are responsible for undertaking a review under the IAA to determine whether the project is likely to cause significant adverse environmental effects.

Over 75 authorities are subject to these requirements and are responsible for implementing them. These authorities include federal departments, departmental corporations, agencies, Crown corporations, port and airport authorities and offshore boards. On average, approximately 1 000 projects are assessed by authorities each year. The IAAC is responsible for the legislation and regulations governing these provisions.

When authorities must determine whether a non-designated project on federal lands or outside Canada is likely to cause significant adverse environmental effects (sections 82 and 83), authorities must post on the Canadian Impact Assessment Registry website a notice of their intent to make such a determination and invite the public to provide comments (subsection 86(1)). There is a minimum 30-day period between this notice of intent and the final notice setting out the determination (subsection 86(2)). In addition, authorities must consider a list of factors when making the determination, including the effects of a project on the section 35 rights of Indigenous peoples; mitigation measures that address significant adverse environmental effects; community knowledge and Indigenous knowledge provided with respect to the project; and comments from the public (section 84). If the authority determines that the project is likely to cause significant adverse environmental effects, the project is referred to the Governor in Council. The project will only be permitted to proceed if the Governor in Council determines its effects are justified in the circumstances.

All non-designated projects on federal lands or outside Canada are subject to these requirements; however, a subset of these projects have only a limited potential for environmental effects (e.g. replacing a lightbulb or painting a building). Subsection 88(1) of the IAA authorizes the Minister to designate classes of projects if, in the Minister’s opinion, the carrying out of the project that is part of any of those classes will cause only insignificant adverse environmental effects. These classes of projects with only insignificant adverse environmental effects are described in the schedules to the Ministerial Exclusion Order, according to their location. Each class of projects is also subject to class-specific limiting conditions (e.g. size thresholds), as well as general conditions that apply to all classes.

For a non-designated project on federal lands or outside Canada to be excluded from the requirements under sections 82 and 83 of the IAA, it must be described in a class of projects in one of the schedules, and it must meet all general conditions described in section 4 of the Ministerial Exclusion Order. For projects that meet these criteria, authorities are excluded from the requirements to determine whether the project is likely to cause significant adverse environmental effects (sections 82 and 83).

The current Ministerial Exclusion Order came into force in 2019 alongside the IAA, excluding a few dozen of the most common, routine and low-risk project classes, such as buildings no larger than 1 000 m² on developed land, utility infrastructure including water pipelines, sewers, drains, and telecommunication lines in certain lower-risk locations, and the operation, maintenance, and repair of a physical work. With the experience gained since 2019, more classes of projects are proposed for exclusion from IAA requirements under the Ministerial Exclusion Order to more efficiently deliver on low-risk projects, and to allow resources to be focused on higher-risk projects.

The IAAC identified this initiative to propose changes to the Ministerial Exclusion Order through its Forward Regulatory Plan in 2020. Since then, the IAAC has consulted with authorities and conducted extensive research to develop the proposed changes.

Objective

The proposal to repeal and replace the Ministerial Exclusion Order would increase the number of excluded classes of projects for which obligations under sections 82 and 83 of the IAA would not apply. These proposed new project classes include those that, in the Minister’s opinion, will cause only insignificant adverse environmental effects. The addition of new project classes would increase efficiencies for authorities, ensuring that their resources are directed towards projects that benefit from project-specific assessment and public consultation.

Description

The proposal to repeal and replace the Ministerial Exclusion Order would add additional classes of projects; make small changes to existing classes; and make minor changes to the general conditions that apply to all classes of projects. The proposal was scoped with a view to ensure that all classes of projects, if carried out, will cause only insignificant adverse environmental effects.

The following criteria were considered when determining whether a class of projects should be added to the Ministerial Exclusion Order:

• The project type is not complex and has minimal interaction with the environment;
• Projects do not require an authorization from another federal authority or other jurisdiction for approval;
• Federal authorities’ experience with the project type has resulted in a strong understanding of any associated potential environmental effects; and
• Any potential adverse environmental effects can be reduced to an insignificant level through standard design and by the application of effective and established mitigation measures.

The potential for cumulative effects caused by projects excluded by the Ministerial Exclusion Order was considered when developing this proposal. Proposed changes were screened out where the potential for cumulative effects was identified (e.g. the magnitude, duration and frequency of effects was too high). Also, class-specific conditions (e.g. size thresholds, location and activity-based restrictions) and general conditions are included to limit the potential for cumulative effects from projects excluded by the Ministerial Exclusion Order. Furthermore, authorities subject to the provisions of sections 81 to 91 of the IAA operate within broader mandates and legislative authorities. Projects on federal lands are carried out in a way that is consistent with the context of those legislative authorities, and are subject to appropriate management and planning regimes. As the proposed changes to the Ministerial Exclusion Order only consist of routine and low-risk projects with insignificant adverse environmental effects, the potential for significant cumulative effects is very limited.

The schedules in the Ministerial Exclusion Order list the classes of projects for which authorities would be excluded from the IAA requirements. Each class of projects consists of a set of physical activities (e.g. construction, installation, decommissioning) in relation to a physical work. Schedule 1 sets out classes of projects on federal lands, other than lands administered by Parks Canada, and lands outside Canada. Schedule 2 sets out classes of projects on federal lands that are administered by Parks Canada. The proposed changes add to the list of classes in these schedules, and make clarifications to existing classes. Schedule 3 is a new proposed list of classes of projects on federal lands within national wildlife areas managed by Environment and Climate Change Canada.

General conditions

The Ministerial Exclusion Order includes general conditions that apply to all classes of projects listed in the schedules. The general conditions ensure that authorities are only excluded from section 82 or 83 obligations if projects meet certain additional criteria.

The proposed changes make one notable change to the general conditions. Presently, projects are not eligible to be excluded if they cause a change to any characteristic of a water body. This condition would be replaced with a set of conditions designed to allow some low-risk activities in or near water bodies, while ensuring excluded projects cause only insignificant adverse environmental effects. More specifically, the proposed conditions would require an authority to evaluate a project (under section 82 or 83) listed in a schedule if

• the project results in a change to the water level of a water body;
• the project changes the alignment of a watercourse;
• the project changes any characteristic of a wetland; or
• the project involves the release of a deleterious substance into a water body.

Other proposed changes to the general conditions are administrative. They include updating a reference to the Fisheries Act (which was amended after the publication of the existing Ministerial Exclusion Order) and allowing certain projects with insignificant adverse environmental effects within national wildlife areas to be excluded.

Schedule 1 — Excluded classes of projects (outside Canada or on federal lands not administered by the Parks Canada Agency and not within national wildlife areas)

This schedule excludes the classes of projects that are to be carried out on federal lands, other than lands administered by Parks Canada or within national wildlife areas, and on lands outside Canada. The classes of projects in this schedule presently include minor projects such as the operation, maintenance and repair of an existing physical work and physical activities within the interior of a building. This schedule also includes classes for certain physical activities (e.g. construction, replacement, decommissioning) in respect of minor physical works including small buildings, structures related to buildings, utility infrastructure, and small above ground petroleum tank systems.

Proposed changes to Schedule 1 include both new classes of projects, and minor adjustments to existing classes.

Proposed new classes

• Stand-alone structures with a footprint of no more than 1 000 m² on developed land (or expansion by 1 000 m²), or no more than 100 m² on undeveloped land, including larger (e.g. prefabricated structures, moveable accommodations, air transportation navigational aids, radio communication antennas or radar systems, scientific instruments) and smaller works (e.g. patios, flagpoles, mail receptacles);
• Physical works in relation to buildings (e.g. bollards; security systems; heating, ventilation and air conditioning (HVAC) systems; or pedestrian accessibility structures) with a footprint no greater than 1 000 m² (or the expansion of a work by 1 000 m²) on developed land or no more than 100 m² on undeveloped land;
• Utility infrastructure including
  • Septic systems that have a footprint of no more than 1 000 m² and that are at least 30 m from a water body,
  • Overhead or underground electrical transmission lines of 130 kV or less, if located underneath or on developed land that is alongside and contiguous to a railway, road, or paved area at an airport. If located elsewhere, work is limited to 100 m of new installations (or expansions), or work on 1 000 m of existing electrical lines, and
  • An electrical substation that has a footprint of no more than 1 000 m² if located on developed lands, or 100 m² if located on undeveloped land;
• Underground storage tank systems for petroleum products or allied petroleum products with an aggregate capacity of no more than 5 000 L;
• Expansion of a runway to create a runway end safety area;
• Lengthening of a railway or road by 100 m, or widening of a road by one lane or twinning of a railway up to 100 m, or work on any 100 m portion of a railway or road;
• Installation of up to 100 m (or lengthening by 100 m) of curbs, handrails, guardrails, fences, and gates, or their decommissioning, removal, or replacement, with no length threshold;
• Projects in water (e.g. culverts, retaining walls and breakwaters, shoreline protection structures, fishways) for which only work on existing structures is allowed, and strict limiting conditions apply (no installation of new piles, no use of explosives, no use of heavy machinery on the substrate);
• Projects near water (hydrometric stations or marine navigation aids) with a footprint of no more than 100 m² (or work on existing structures that have a footprint of no more than 1 000 m²); and
• Two general classes, creating exclusions for projects not otherwise mentioned in this schedule, with small size thresholds:
  • Structures on land that have a footprint of no more than 25 m², and
  • In-water structures that have a footprint of no more than 10 m².

Proposed changes to existing classes and conditions

• Changing the limiting condition that projects cannot be excluded if they disturb known or suspected subsurface contamination, so that sites listed as closed on the Federal Contaminated Sites Inventory may still be excluded;
• Expanding the geotechnical wells class to include wells used to assess building suitability;
• Changing expansions to allow exclusions of certain projects that increase a structure’s present-day footprint by no more than 1 000 m² on developed lands and 100 m² on undeveloped land. Currently, exclusions only apply for these projects if the final footprint is 1 000 m² or less on developed lands or 100 m² or less on undeveloped land;
• Modifying the buildings class by increasing the thresholds from 1 000 m² to 1 500 m² for buildings used for educational, medical, or residential purposes;
• Allowing the physical activity “modification” without a threshold for the lowest-risk classes (e.g. sidewalks, guardrails, buildings, prefabricated structures, signage);
• Increasing the threshold for modification, decommissioning, removal, and replacement from 100 m to 1 000 m for water pipelines or telecommunication lines not located on developed land alongside and contiguous to a railway or road or paved areas at airports, and from 100 m² to 1 000 m² for water utility infrastructure;
• Including paved areas at airports in the list of allowed locations for new sewers, drains, steam lines, service tunnels, or telecommunication lines; and
• Minor administrative changes including
  • Aligning physical activities between classes to reduce uncertainty,
  • Adjusting the class for fences so that it has a linear threshold and includes gates,
  • Adjusting the class for hydrants or hook-ups that are part of a utility distribution system so that they would be excluded, no matter the type of utility distribution system, and
  • Adjusting classes related to lighting systems, signage, parking lots, and other similar physical works such that for modification, decommissioning, replacement, or removal, these physical works no longer have to be in relation to a building to qualify for exclusion.

Schedule 2 — Excluded classes of projects (on federal lands administered by the Parks Canada Agency)

This schedule excludes classes of projects that are to be carried out on lands administered by Parks Canada. The classes of projects in this schedule presently include minor projects such as the operation or maintenance of a physical work or physical activities that are contained within the interior of a building. This schedule also includes classes for certain physical activities (e.g. construction, replacement, decommissioning) in respect of physical works including rudimentary campsites, trails, electrical transmission lines, and water-related works like shoreline stabilization structures and wharves. Proposed changes to Schedule 2 include both new classes of projects, and minor adjustments to existing classes.

Proposed new classes

• Repair of telecommunication lines; and
• On developed lands, the repair of water treatment systems with a footprint of no more than 1 000 m².

Proposed changes to existing classes

• Adding and removing certain physical activities for certain classes (e.g. adding removal and decommissioning for prefabricated structures not located in the Town of Banff; removing abandonment from classes within national parks, national historic sites, or national urban parks [e.g. roads, parking lots, boardwalks, trails]);
• Expanding the geotechnical wells class to include those used to assess building suitability, which aligns the class between schedules;
• Removing the condition that the installation, maintenance or repair of water-related works located in historic canals and national marine conservation areas could not involve a permanent footprint increase; and
• Classes of projects currently excluded on developed land that is accessible by road within a national historic site or an area of a national park that is zoned for Outdoor Recreation or Park Services would also be excluded in national urban parks, as well as national parks without zoning.

Schedule 3 — Excluded classes of projects (on federal lands within national wildlife areas)

This new schedule excludes classes of projects that are to be carried out within national wildlife areas, administered by Environment and Climate Change Canada. The classes in Schedule 3 are a subset of the lowest-risk classes in Schedule 1. Many of the classes in this schedule are subject to additional limiting conditions. These classes include

• the operation, maintenance, or repair of a physical work;
• physical activities that are contained within the interior of a building;
• buildings with a footprint of no more than 1 000 m² on developed land, or no more than 100 m² on undeveloped land;
• geotechnical wells (consistent with the project classes in schedules 1 and 2);
• decommissioning, removal, and replacement of parking lots or water-related utility infrastructure up to 1 000 m²;
• fencing up to 100 m in length;
• decommissioning, removal or replacement of up to 100 m of roadway;
• modification or removal of marine navigation aids and structures for berthing and mooring up to 1 000 m².

Regulatory development

Consultation

In August of 2019, the Ministerial Exclusion Order came into force, incorporating extensive input from federal authorities, Indigenous groups, stakeholders, and members of the public. At the time, the IAAC deferred considering many projects that had been proposed by authorities, requiring more information and time to analyze their environmental effects. Since 2019, the IAAC has received extensive comments and feedback consisting of proposed changes to the existing classes and suggestions for new classes. Targeted consultation on changing the Ministerial Exclusion Order was conducted since 2020 with federal authorities and airport authorities, as the stakeholder groups most affected by changes to it.

Initial input — 2020–2021

In the winter of 2020–2021, the IAAC solicited proposals from authorities for changes to the Ministerial Exclusion Order. Authorities were notified through a working group meeting and through an email distribution list. As with the initial development of the Ministerial Exclusion Order, submissions of changes were required to meet criteria listed in the “Description” section of this document.

Authorities were also asked to characterize any adverse environmental effects and describe effective and established mitigation measures. Proposals would only be considered if the mitigation measures were a part of standard design, and if they reduced the adverse environmental effects to the point of being insignificant or absent.

The IAAC received over 100 proposals for additional classes and changes to existing classes, from 20 authorities. Primary areas of focus for authorities included

• increasing or removing thresholds for existing project classes;
• adding new types of project classes to Schedule 1 for minor road and rail line-related projects, water-related works (e.g. berthing and mooring structures, fishways and fish ladders), utility infrastructure, and a class to capture small structures not presently included in the Ministerial Exclusion Order (e.g. garbage bins and benches);
• excluding certain classes of projects within national wildlife areas;
• clarifying certain provisions in the Ministerial Exclusion Order to make it easier to interpret; and
• changing the general conditions so that projects related to water may be excluded.

The IAAC analyzed proposals in 2021 and 2022 and engaged with authorities as needed to characterize their environmental effects (i.e. changes to the environment, and the impact of those changes on Indigenous peoples in Canada, and on health, social, or economic conditions). The IAAC only retained proposals where the impacts were of negligible magnitude, small geographic extent, rare frequency, short duration and highly reversible.

Preliminary consultation with authorities — 2022–2023

In summer 2022, the IAAC shared a discussion paper with authorities that outlined the preliminary proposal for changes to the Ministerial Exclusion Order, including the rationale and the approach for their inclusion. Authorities were notified by email and through a virtual workshop, advising them of the opportunity to provide feedback on the proposals. Authorities were provided with 2 months (60 days) to provide written submissions.

During this preliminary consultation period, the IAAC met bilaterally with 7 authorities. The IAAC received detailed submissions from 24 authorities.

No major concerns were raised during consultations about the proposed changes in the discussion paper. Authorities were supportive of the proposed new classes and changes to the general conditions. They emphasized their desire to avoid the administrative burden associated with making a determination for projects that will cause only insignificant adverse environmental effects. Feedback included the following:

• Airport authorities and port authorities indicated the need for changes to classes specific to their industry (e.g. by increasing footprint thresholds);
• Authorities proposed changes that would support more efficient delivery of their mandates (e.g. exclusions for projects that support Indigenous economic development, exclusions for projects within national wildlife areas);
• Authorities raised concerns about the environmental effects of certain proposed changes (e.g. underground petroleum storage tank systems, projects related to water, roads) and recommended changes to ensure these classes were scoped to projects that would cause only insignificant adverse environmental effects;
• Authorities expressed concern about the potential for cumulative effects of projects excluded by the Ministerial Exclusion Order; and
• Authorities also recommended changes to the Ministerial Exclusion Order that would increase its overall clarity and ease of use (e.g. adjusting the condition that projects not involve the “disturbance of known or suspected subsurface contamination,” defining certain terms, aligning conditions between classes).

Following receipt of written submissions, the IAAC continued to work with authorities to resolve their concerns. Modifications were made to the proposal to ensure that all projects excluded by classes in the Ministerial Exclusion Order will cause only insignificant adverse environmental effects, and to limit the potential for cumulative effects. Minor changes were also made to the proposal to improve clarity and consistency across project classes.

Modern treaty obligations and Indigenous engagement and consultation

There are currently 34 modern treaties and self-government agreements across the country, of which several have provisions related to environmental, impact or development assessment processes. The application of federal environmental assessment legislation is very limited for over half of the treaties, especially in the territories.

An assessment of modern treaty implications, made in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, identified some implications to modern treaty obligations related directly to the proposed changes to the Ministerial Exclusion Order. The new classes of projects being added to the Ministerial Exclusion Order would be excluded from IAA requirements; therefore, there would be no opportunity through the IAA for modern treaty beneficiaries to comment on the potential environmental effects of those projects on federal lands within their treaty territories, or the potential impacts on their rights. However, given that the proposed changes to the Ministerial Exclusion Order include only classes of projects with insignificant adverse environmental effects, the changes are not expected to have implications or raise concerns in respect of modern treaty obligations. Authorities would still have to meet the treaty obligations and fulfill the duty to consult and, where appropriate, accommodate Indigenous peoples when they enable projects that might adversely impact potential or established Indigenous rights or treaty rights. Moreover, modern treaties and self-government, environmental, impact or development assessment processes would continue to apply.

Indigenous self-governments also manage federal lands: there are currently three groups with self-government agreements relevant to the federal lands provisions of the IAA, and more in the negotiation process. The impact of the proposed changes to the Ministerial Exclusion Order on those groups is likely to be minor. In some cases, the environmental assessment laws of the Indigenous governments may be more restrictive, and may apply to some projects which would be excluded from the IAA by the proposed changes to the Ministerial Exclusion Order.

The IAA also includes a general clause (section 3) to ensure that any existing treaty rights are not affected by the IAA itself, nor its supporting regulations and policy:

• “Nothing in [the] Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.”

During the development of the current Ministerial Exclusion Order, the IACC prepared a consultation paper and individually notified each modern treaty and self-governing group and offered to meet with them. The IACC received two submissions from modern treaty groups: the First Nations of the Maa-nulth Treaty Society and the James Bay Advisory Committee on the Environment. Their feedback included recommending where certain exclusions should apply, considerations for which projects should be excluded, and the timelines for commenting on the regulatory proposal. More information about their feedback is provided in the Regulatory Impact Analysis Statement for the Designated Classes of Projects Order (SOR/2019-323). For consultation on the proposed changes, the IACC will be targeting engagement with modern treaty groups in alignment with the prepublication of this regulatory proposal in the Canada Gazette, Part I, to ensure they have the opportunity to comment, and that the IACC is in compliance with treaty obligations in advance of the proposed changes to the Ministerial Exclusion Order coming into force. The IACC is providing funding through its Policy Dialogue Program to over 40 Indigenous groups to comment on this regulatory proposal.

Instrument choice

Changes to the Ministerial Exclusion Order were required to increase the number of excluded classes of projects. Other instrument types would be inconsistent with the legislative scheme. Subsection 88(1) of the IAA specifies that the Minister may, by order, designate a class of projects that are not subject to the requirements under sections 82 and 83.

Regulatory analysis

Benefits and costs

The cost-benefit analysis assesses the difference between the baseline and regulatory scenarios.

The baseline scenario reflects the requirements of the IAA with the current Ministerial Exclusion Order currently in force. Under this scenario, a large number of projects would be subject to the requirements under sections 81 to 91 of the IAA. Each year since the coming into force of the IAA, approximately 3 000 projects on federal lands or outside of Canada are excluded from the requirements under sections 81 to 91 of the IAA, while 1 000 are assessed and posted to the registry. Among the latter subset of projects, some are part of classes of projects that are low-risk, routine, and will cause only insignificant adverse environmental effects. These classes of projects are not currently captured by the Ministerial Exclusion Order.

The baseline scenario poses an administrative cost to authorities by requiring assessments for these projects, causing delays to operational continuity and service delivery. These delays would be disproportionate to any potential environmental effects, and assessments of these projects provide no added value to the Canadian public.

The regulatory scenario represents the requirements under the IAA with the proposed changes to the Ministerial Exclusion Order in place. The proposed changes to the Ministerial Exclusion Order add over 50 new classes of projects, alter many existing classes of projects (e.g. by increasing thresholds and excluding certain physical activities), and modify the general conditions. Overall, the proposed changes to the Ministerial Exclusion Order would result in fewer projects on federal lands and outside Canada being subject to the IAA. This would reduce the administrative burden on authorities, benefiting those authorities, and the Canadian public. Increasing the number of classes of projects that have the potential for only insignificant adverse environmental effects through the Ministerial Exclusion Order ensures that government and other resources are directed towards assessing proposals with greater potential for adverse environmental effects. The proposed changes to the Ministerial Exclusion Order are also expected to benefit third parties that operate on federal lands, including businesses, by minimizing delays related to decisions about their projects. There are no incremental costs associated with the proposed changes to the Ministerial Exclusion Order.

Small business lens

The small business lens does not apply as there would be no incremental costs resulting from the Ministerial Exclusion Order.

One-for-one rule

The one-for-one rule does not apply as there would be no administrative burden costs resulting from the Ministerial Exclusion Order.

Regulatory cooperation and alignment

The Ministerial Exclusion Order does not have implications for alignment with other jurisdictions as it applies only on federal lands and does not introduce any new regulatory requirements.

Strategic environmental and economic assessment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary screening concluded that a strategic environmental and economic assessment is not required for the proposed changes to the Ministerial Exclusion Order.

The proposed changes to the Ministerial Exclusion Order would add new classes of projects that, alongside class-specific and general conditions, would have only insignificant adverse environmental effects. The IAAC completed a preliminary screening using the Climate, Nature and Economy Lens to consider the impacts of the proposed changes on climate change (mitigation, adaptation, and resilience), biodiversity, other components of the environment, and the economy. The results of the preliminary screening are that the proposed changes to the Ministerial Exclusion Order are not expected to have impacts on the environment and the economy.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified for this proposal.

While the addition of new excluded classes of projects will reduce engagement opportunities on projects with women, Indigenous peoples, and other vulnerable groups, only routine and low-risk projects with the potential for insignificant adverse environmental effects were included in the proposed changes to the Ministerial Exclusion Order. Under section 81 of the IAA, “environmental effects” means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social, or economic conditions. Based on this definition and the results of the gender-based analysis plus (GBA+), it is expected that excluding projects with only insignificant adverse environmental effects from the requirements of the IAA will have no GBA+ impact.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed regulatory changes would come into force upon publication in the Canada Gazette, Part II.

Authorities would be informed of the proposed regulatory changes through regular communication tools, such as updates to the IAAC website, by email through the IAAC Federal Lands distribution list, and through a workshop with the Federal Lands Working Group, which includes representatives from authorities.

Further guidance relating to projects on federal lands and outside of Canada will assist authorities in interpreting the proposed changes to the Ministerial Exclusion Order and in understanding their obligations under the IAA.

Compliance and enforcement

There are no compliance and enforcement strategies related to this Ministerial Exclusion Order, as the classes of projects that are excluded through this Order would not be subject to the IAA.

Service standards

There are no service standards associated with this Ministerial Exclusion Order.

Contact

Sarah Jackson
Director
Legislative and Regulatory Affairs Division
Impact Assessment Agency of Canada
Email: regulations-reglements@iaac-aeic.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Minister of the Environment proposes to make the annexed Order Designating Certain Excluded Classes of Projects under subsection 88(1) of the Impact Assessment Act ^{footnote a}.

Interested persons may make representations concerning the proposed Order within 75 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Sarah Jackson, Director, Legislative and Regulatory Affairs, Impact Assessment Agency of Canada, 160 Elgin Street, 22nd Floor, Ottawa, ON, K1A 0H3 (email: regulations-reglements@iaac-aeic.gc.ca).

Ottawa, July 3, 2024

Steven Guilbeault
Minister of the Environment

Order Designating Certain Excluded Classes of Projects

Interpretation

Definitions

1 The following definitions apply in this Order.

Act

means the Impact Assessment Act. (Loi)

allied petroleum product

has the same meaning as in section 1 of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. (produit apparenté)

building

means a roofed physical work and includes a moveable accommodation. (bâtiment)

developed

with respect to land means that it is permanently altered from its natural state for human use or is landscaped and maintained for human use. (aménagé)

expansion

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

hook-up

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

modification

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

petroleum product

has the same meaning as in section 1 of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. (produit pétrolier)

water body

includes a lake, canal, reservoir, ocean, river and its tributaries, and wetland, up to the annual high-water mark, but does not include a sewage or waste treatment lagoon, a mine tailings pond, artificial irrigation pond, dugout or ditch that does not contain fish habitat as defined in subsection 2(1) of the Fisheries Act. (plan d’eau)

wetland

means an estuary, tidal flat, marsh, swamp, bog, fen or other land where the presence of water has caused the formation of hydric soils and favoured the dominance of hydrophytic or water-tolerant plants. (terres humides)

Application

2 Any reference to a physical work in this Order includes the systems and equipment required for the operation of a physical work including electrical, heating, fire-prevention, plumbing or security systems and equipment but not including systems and equipment that produce goods or energy primarily for any purpose other than the operation of the physical work.

Designated Classes of Projects

Federal lands or lands outside of Canada

3 (1) Subject to subsections (2) and (3), the classes of projects that are set out in Schedule 1 and carried out on federal lands or lands outside Canada are designated under section 88 of the Act.

Lands administered by Parks Canada Agency

(2) The classes of projects that are set out in Schedule 2 and carried out on federal lands administered by the Parks Canada Agency are designated under section 88 of the Act.

Wildlife Area Regulations

(3) The classes of projects that are set out in Schedule 3 and carried out in areas referred to in Schedule I of the Wildlife Area Regulations are designated under section 88 of the Act.

Exceptions

4 The classes of projects set out in Schedules 1 to 3 do not include projects that:

• (a) cause a change to
  • (i) the water level of a water body,
  • (ii) the alignment of a watercourse,
  • (iii) any characteristic of a wetland,
  • (iv) migratory birds or nests, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, or
  • (v) wildlife species, listed in Schedule 1 of the Species at Risk Act, their residences or critical habitats, as these terms are defined in subsection 2(1) of that Act;
• (b) involve the release of a deleterious substance as defined in subsection 34(1) of the Fisheries Act into a water body;
• (c) involve any activity referred to in subsection 5(1) of the Canadian Navigable Waters Act, subsection 34.4(1), 35(1) or 36(3) of the Fisheries Act, or subsection 2(1) of the Scott Islands Protected Marine Area Regulations;
• (d) involve any prohibited activities in areas referred to in subsection 35(1) of the Oceans Act;
• (e) involve the removal of any structure or resource that is of historical, archaeological, paleontological or architectural significance; or
• (f) cause damage to any structure, resource or site that is of historical, archaeological, paleontological or architectural significance.

Transitional Provision

Transitional provision

5 A designation of classes of projects that is in progress on the day on which this Order comes into force will continue according to the criteria established in the Designated Classes of Projects Order ^{footnote 1}.

Repeal

6 The Designated Classes of Projects Order^{footnote 1} is repealed.

Coming into Force

Registration

7 This Order comes into force on the day on which it is registered.

SCHEDULE 1

(Subsection 3(1) and section 4)

Classes of Projects Carried out on Federal Lands or Lands Outside Canada

PART 1
Non-specific Classes

1 The operation, maintenance or repair of a physical work, whether or not the physical work is referred to in this Schedule

2 Any physical activity that is carried out entirely within the interior of a building

3 (1) The construction of any well used to conduct geotechnical, environmental or scientific investigations but not including projects that involve the placement of temporary or permanent fill in a water body

(2) The decommissioning of a well referred to in subsection (1)

4 The construction, installation, expansion, modification, decommissioning, removal, replacement or moving of a physical work that has a footprint of no more than 25 m² and that is not otherwise referred to in this Schedule, not including any project that involves

• (a) any work in a water body;
• (b) the placement of temporary or permanent fill in a water body; or
• (c) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory

5 The construction, installation, expansion, modification, decommissioning, removal, replacement or moving of an in-water structure that has a footprint of no more than 10 m² and that is not otherwise referred to in this Schedule, not including any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory;
• (c) the use of vehicles or heavy machinery on the substrate of a water body;
• (d) the placing or affixing legs or piles in the substrate or bed of a water body; or
• (e) the use of explosives

PART 2
Building Classes

Interpretation and Application

6 In this Part, special purpose building means a residential accommodation building, a hospital, a health centre, a fire, paramedic or police station, an educational institution, a recreational, artistic, cultural or sporting facility or a community or religious centre.

7 The classes of projects described in sections 9 to 11 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory; or
• (c) demolition that is to be carried out less than 30 m from a building or special purpose building.

8 This Part applies to any building, special purpose building, prefabricated structure or tent pad.

Physical Works — Developed Land

9 (1) On developed land, the construction, installation, decommissioning, removal, replacement, moving or demolition of

• (a) any building that has a footprint of no more than 1000 m²; and
• (b) any special purpose building that has a footprint of no more than 1500 m²

(2) On developed land, the construction, installation, decommissioning, removal, replacement or moving of

• (a) any prefabricated structure that has a footprint of no more than 1000 m²; and
• (b) any tent pad that has a footprint of no more than 1000 m²

(3) On developed land, the expansion of any building, special purpose building, prefabricated structure or tent pad, provided that the total footprint of all expansions of that physical work is no more than 1000 m²

Physical Works — Land That is not Developed

10 (1) On land that is not developed, the construction or installation of

• (a) any building that has a footprint of no more than 100 m²;
• (b) any prefabricated structure that has a footprint of no more than 100 m²;
• (c) any tent pad that has a footprint of no more than 100 m²; or
• (d) any special purpose building that has a footprint of no more than 500 m²

(2) On land that is not developed, the expansion of any building, special purpose building, prefabricated structure or tent pad, provided that the total footprint of all expansions of that physical work is no more than 100 m²

(3) On land that is not developed, the decommissioning, removal, replacement or moving of any physical work referred to in subsection (1), if the footprint of that physical work is within the limit set out in that subsection

11 The modification of any building, special purpose building, prefabricated structure or tent pad

PART 3
Physical Works or Related Physical Works

Interpretation and Application

12 In this Part, physical work means

• (a) a lighting system;
• (b) signage;
• (c) fire suppression infrastructure;
• (d) a parking lot;
• (e) a paved area;
• (f) a charging station for electric vehicles;
• (g) infrastructure that generates solar or wind power;
• (h) a gravel and stone dust area;
• (i) an accessibility structure for active transportation;
• (j) an awning;
• (k) a bollard;
• (l) a security system;
• (m) a heating, ventilation and air conditioning (HVAC) system; and
• (n) an air pollution control system.

13 The classes of projects described in items 15 to 17 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

14 A physical work is a related physical work when it refers to a physical work that is related to an existing building or other structure

Physical Works — Developed Land

15 (1) On developed land, the construction, installation or moving of any related physical work that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of any related physical work provided that the total footprint of all expansions of that physical work is no more than 1000 m²

(3) On developed land, the decommissioning, removal or replacement of any physical work referred to in item 12 that has a footprint of no more than 1000 m²

Physical Works — Land that is not Developed

16 (1) On land that is not developed, the construction, installation or moving of any related physical work for which the footprint is no more than 100 m²

(2) On land that is not developed, the expansion of any related physical work, provided that the total footprint of all expansions of that physical work is no more than 100 m²

(3) On land that is not developed, the decommissioning, removal or replacement of a physical work referred to in item 12 that has a footprint of no more than 100 m²

17 The modification of any physical work or related physical work

PART 4
Utility Infrastructure

Application

18 This Part applies to any hydrant, hook-up, water-related utility infrastructure — other than a water pipeline or water treatment facility —, septic system, water treatment facility, utility infrastructure set out in item 23 or electrical substation.

19 (1) The classes of projects described in sections 20 to 22 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the crossing of a water body, other than an overhead crossing by a telecommunication line or an electrical transmission line of 130 kV or less; or
• (c) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

(2) The class of projects described in section 21 does not include any project that involves the use of

• (a) vehicles or heavy machinery on the substrate of a water body; or
• (b) explosives.

Hydrants and Hook-ups

20 The installation, modification, decommissioning, abandonment, removal or replacement of a hydrant or hook-up that is part of a utility distribution system

Water-related Utility Infrastructure

21 (1) The construction or installation of water-related utility infrastructure that has a footprint of no more than 100 m²

(2) The expansion of any water-related utility infrastructure referred to in subsection (1), provided that expansion does not increase the total footprint of that water-related infrastructure to more than the limit set out in that subsection

(3) The decommissioning, removal or replacement of water-related utility infrastructure that has a footprint of no more than 1000 m²

(4) The modification of water-related utility infrastructure that has a footprint of no more than 1000 m²

(5) The modification of a water treatment facility

22 (1) On developed land, the installation, expansion, removal or replacement of a septic system that has a footprint of no more than 1000 m² and that is located more than 30 m from a water body

(2) The modification of any septic system

Interpretation — Sections 25 to 29

23 For the purposes of sections 25 to 29, utility infrastructure includes

• (a) a water pipeline;
• (b) a sewer;
• (c) a drain;
• (d) a steam line;
• (e) a service tunnel;
• (f) an overhead or underground telecommunication line; and
• (g) an overhead or underground electrical transmission line of 130 kV or less, other than an interprovincial or international line.

24 (1) The classes of projects described in sections 25 to 29 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the crossing of a water body, other than an overhead crossing by a telecommunication line or an electrical transmission line of 130 kV or less; or
• (c) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

(2) The classes of projects described in sections 27 to 29 do not include any project for which the electrical transmission line referred to in paragraph 23(g) is located

• (a) in a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act; or
• (b) in an area set out in the schedule to the Migratory Bird Sanctuary Regulations, prescribed as a migratory bird sanctuary.

Utility Infrastructure

25 (1) The construction or installation of any utility infrastructure referred to in paragraph 23(a), (f) or (g) that is no more than 100 m in length

(2) The lengthening of any utility infrastructure referred to in subsection (1) if the length of the utility infrastructure and the lengthening is no more than 100 m

(3) The modification, decommissioning, removal or replacement of any utility infrastructure referred to in paragraph 23(a), (f) or (g) that is no more than 1000 m

(4) The construction, installation, lengthening, modification, decommissioning, removal or replacement of any utility infrastructure referred to in paragraph 23(a), (f) or (g), of any length, that is located

• (a) underneath a railway, road or airport pavement;
• (b) alongside and contiguous to the infrastructure referred to in paragraph (a), if on developed land; or
• (c) within the right of way of a telecommunication or electrical line

26 (1) The modification, removal or replacement, more than 30 m from a water body, of any utility infrastructure referred to in any of paragraphs 23(b) to (e) that is no more than 1000 m in length

(2) The construction, installation, lengthening, modification, abandonment , removal or replacement, more than 30 m from a water body, of any utility infrastructure referred to in paragraphs 23(b) to (e), of any length, that is located

• (a) underneath a railway, road or airport pavement;
• (b) alongside or contiguous to the infrastructure referred to in paragraph (a), if it is located on developed land; or
• (c) within the right of way of a telecommunication or electrical line

Electrical Substations

27 (1) On developed land, the construction, installation, decommissioning, removal or replacement of an electrical substation that has a footprint of no more than 1000 m² and that is linked to an electrical transmission line referred to in paragraph 23(g)

(2) On developed land, the expansion of an electrical substation referred to in subsection (1), provided that expansion does not increase the total footprint of that electrical substation to more than the limit set out in that subsection

28 (1) On land that is not developed, the construction or installation of an electrical substation that has a footprint of no more than 100 m² that is linked to an electrical transmission line referred to in paragraph 23(g)

(2) On land that is not developed, the expansion of an electrical substation referred to in subsection (1), provided that expansion does not increase the total footprint of that electrical substation to more than the limit set out in that subsection

29 The modification of any electrical substation that is linked to an electrical transmission line referred to in paragraph 23(g)

PART 5
Storage Tank Systems

Interpretation and Application

30 Classes of projects described in sections 32 and 33 do not include any project that involves the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

31 This Part applies to any storage tank system for petroleum products or allied petroleum products.

Storage

32 (1) The Installation, removal or replacement of a storage tank system for petroleum products or allied petroleum products that has an aggregate capacity of

• (a) no more than 30 000 L if it is located above ground within an airport; or
• (b) no more than 5000 L in any other case

(2) The increase of the capacity of a storage tank system referred to in subsection (1), provided that increase does not exceed the aggregate capacity limit set out in that subsection

33 The modification of any storage tank system for petroleum products or allied petroleum products.

PART 6
Linear Infrastructures

Interpretation and Application

34 In this Part, linear infrastructure includes

• (a) a runway, taxiway or runway end safety area of an aerodrome;
• (b) a railway;
• (c) a road; and
• (d) a guardrail, handrail, curb, fence or gate.

35 Classes of projects described in sections 37 to 40 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

36 This Part applies to any linear infrastructure set out in section 34

Aerodromes

37 (1) The decommissioning, removal or replacement of a linear infrastructure referred to in paragraph 34(a) and that has a length of no more than 150 m

(2) The lengthening of any linear infrastructure referred to in paragraph 34(a), if the lengthening is no more than 150 m and does not increase the aircraft group number that the linear infrastructure can service

(3) The modification of any linear infrastructure referred to in paragraph 34(a).

Railway Lines

38 (1) The decommissioning, removal or replacement of any linear infrastructure referred to in paragraph 34(b) that is no more than 100 m in length

(2) The lengthening of any linear infrastructure referred to in paragraph 34(b) that is within or runs alongside an existing railway or road right of way, if the lengthening is no more than 100 m

(3) The modification of any linear infrastructure referred to in paragraph 34(b)

Roads

39 (1) The decommissioning, removal, or replacement of a linear infrastructure referred to in paragraph 34(c) that is no more than 100 m in length

(2) The lengthening or widening of any linear infrastructure referred to in paragraph 34(c) that is within or runs alongside an existing rail or road right of way, if the lengthening is no more than 100 m and the widening is by one lane of no more than 100 m

(3) The modification of any linear infrastructure referred to in paragraph 34(c)

Security Infrastructures

40 (1) The construction or installation of any linear infrastructure referred to in paragraph 34(d) that is related to a building or other structure and that is no more than 100 m in length

(2) The lengthening of any linear infrastructure referred to in paragraph 34(d), if the lengthening is no more than 100 m in length

(3) The modification, decommissioning, removal or replacement of any linear infrastructure referred to in paragraph 34(d)

PART 7
Transportation and Mobility Projects

Interpretation and Application

41 (1) Classes of projects described in sections 43 to 49 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

(2) Classes of projects described in sections 44 and 47 do not include any project that, in addition, involves

• (a) activities within a water body; or
• (b) a crossing of an international or interprovincial boundary or the St. Lawrence seaway.

42 This Part applies to any air transportation navigational aid, clear span bridge, sidewalk, boardwalk, path or land-based trail.

Transportation — Developed Land

43 (1) On developed land, the construction, installation, decommissioning, removal or replacement of an air transportation navigational aid that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of any air transportation navigational aid, provided that the total footprint of all expansions of that physical work is no more than 1000 m²

44 (1) On developed land, the construction or installation of a clear span bridge that is related to a building or structure and that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of a clear span bridge referred to in subsection (1), provided that expansion does not increase the total footprint of that clear span bridge to more than the limit set out in that subsection

(3) On developed land, the decommissioning, removal or replacement of a clear span bridge that has a footprint of no more than 1000 m²

Mobility — Developed Land

45 (1) On developed land, the construction or installation of a sidewalk, boardwalk, path or trail that is related to a building or other structure and that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of any sidewalk, boardwalk, path or trail that is related to a building or other structure, provided that the total footprint of all expansions of that physical work is no more than 1000 m²

(3) On developed land, the decommissioning, removal or replacement of any sidewalk, boardwalk, path or trail that has a footprint of no more than 1000 m².

Transportation — Land that is not Developed

46 (1) On land that is not developed, the construction, installation, decommissioning, removal or replacement of an air transportation navigational aid that has a footprint of no more than 100 m²

(2) On land that is not developed, the expansion of any air transportation navigational aid, provided that the total footprint of all expansions of that physical work is no more than 100 m²

47 (1) On land that is not developed, the construction or installation of a clear span bridge that is related to a building or structure and that has a footprint of no more than 100 m²

(2) On land that is not developed land, the expansion of a clear span bridge referred to in subsection (1), provided that expansion does not increase the total footprint of that clear span bridge to more than the limit set out in that subsection

(3) On land that is not developed, the decommissioning, removal or replacement of a clear span bridge that has a footprint of no more than 100 m²

Mobility — Land that is not Developed

48 (1) On land that is not developed, the construction or installation of any sidewalk, boardwalk, path or trail that is related to a building or structure and that has a footprint of no more than 100 m²

(2) On land that is not developed, the expansion of any sidewalk, boardwalk, path or trail that is related to a building or other structure, provided that the total footprint of all expansions of that physical work is no more than 100 m²

(3) On land that is not developed, the decommissioning, removal or replacement of any sidewalk, boardwalk, path or trail that has a footprint of no more than 100 m²

49 Modification of any air transportation navigational aid, clear span bridge, sidewalk, boardwalk, path or trail

PART 8
Marine or Freshwater Structures

Interpretation and Application

50 For the purposes of sections 52 and 55, other physical work means

• (a) a retaining wall;
• (b) a breakwater;
• (c) a shoreline stabilization work; and
• (d) a fishway or a fish ladder.

51 Classes of projects described in sections 53, to 55 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory;
• (c) the use of vehicles or heavy machinery on the substrate of a water body; or
• (d) the use of explosives.

52 This Part applies to any culvert and any structure used for berthing or mooring, as well as any other physical work

Culvert and Structure for Berthing or Mooring and Other Physical Works

53 The modification or replacement of a culvert that is located alongside or underneath a road, railway, airport pavement or trail, is not located in waters frequented by fish and does not involve activities below the ordinary high water mark

54 The modification, removal or replacement of a structure used for berthing or mooring that has a footprint of no more than 1000 m²

55 The modification or replacement of any other physical work that has a footprint of no more than 1000 m²

PART 9
Structures Near Water

Interpretation and Application

56 (1) Classes of projects described in sections 58 and 59 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory;
• (c) the use of vehicles or heavy machinery on the substrate of a water body; or
• (d) the use of explosives.

(2) Classes of projects described in subsections 58(1) and (2) and 59(1) and (2) do not include any project that involves placing or affixing legs or piles in the substrate or bed of a water body.

57 This Part applies to any hydrometric station, including any related personnel shelter and any marine navigation aid structure.

Hydrometric Stations and Marine Navigation Aid Structures

58 (1) The construction or installation of a hydrometric station that has a footprint of no more than 100 m²

(2) The expansion of any hydrometric station referred to in subsection (1), provided that expansion does not increase the total footprint of that hydrometric station to more than the limit set out in that subsection

(3) The modification, decommissioning, removal or replacement of any hydrometric station that has a footprint of no more than 1000 m²

59 (1) The construction or installation of a marine navigation aid structure that has a footprint of no more than 100 m²

(2) The expansion of any marine navigation aid structure referred to in subsection (1), provided that expansion does not increase the total footprint of that marine navigation aid structure to more than the limit set out in that subsection

(3) The modification, decommissioning, removal or replacement of any marine navigation aid structure that has a footprint of no more than 1000 m²

PART 10
Other Projects

Interpretation and Application

60 For the purposes of sections 65, 68 and 69, other physical work means

• (a) a patio;
• (b) a flagpole;
• (c) a banner;
• (d) an interpretive display;
• (e) landscaping that involves a structure;
• (f) a mail receptacle; and
• (g) fixed location furniture.

61 (1) Classes of projects described in sections 63 to 69 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

(2) Classes of projects described in sections 63 and 66 do not include any project that results in an antenna that reaches greater than 60 m above the ground.

62 This Part applies to any radio communication antenna or radar system, including any associated equipment, any scientific instrument, including its housing and enclosure, for the purpose of data collection and any other physical work referred to in section 60.

Infrastructure – Developed Land

63 (1) On developed land, the construction, installation, decommissioning, removal or replacement of a radio communication antenna or radar system that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of a radio communication antenna or radar system referred to in subsection (1), provided that expansion does not increase the total footprint of that radio communication antenna or radar system to more than the limit set out in that subsection

64 (1) On developed land, the construction, installation, decommissioning, removal or replacement of a scientific instrument that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of any scientific instrument referred to in subsection (1), provided that expansion does not increase the total footprint of that scientific instrument to more than the limit set out in that subsection

65 (1) On developed land, the construction, installation, decommissioning, removal or replacement of any other physical work that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of any other physical work, provided that the total footprint of all expansions of that physical work is no more than 1000 m²

Infrastructure — Land that is not Developed

66 (1) On land that is not developed, the construction, installation, decommissioning, removal or replacement of a radio communication antenna or radar system that has a footprint of no more than 100 m²

(2) On land that is not developed, the expansion of a radio communication antenna or radar system referred to in subsection (1) provided that expansion does not increase the total footprint of that radio communication antenna or radar system to more than the limit set out in that subsection

67 (1) On land that is not developed, the construction, installation, decommissioning, removal or replacement of a scientific instrument that has a footprint of no more than 100 m²

(2) On land that is not developed, the expansion of any scientific instrument referred to in subsection (1), provided that expansion does not increase the total footprint of that scientific instrument to more than the limit set out in that subsection

68 (1) On land that is not developed, the construction, installation, decommissioning, removal or replacement of any other physical work that has a footprint of no more than 100 m²

(2) On land that is not developed, the expansion of any other physical work, provided that the total footprint of all expansions of that physical work is no more than 100 m²

69 The modification of any radio communication antenna or radar system, scientific instrument or other physical work referred to in item 60

SCHEDULE 2

(Subsection 3(2) and section 4)

Classes of Projects on Federal Lands Administered by Parks Canada Agency

Interpretation

1 The following definitions apply to this Schedule.

boathouse

means a structure, with or without walls, that is designed to shelter and store a boat. (remise à bateau)

historic canal

has the same meaning as in section 2 of the Historic Canals Regulations. (canal historique)

management plan

means, in respect of a national park, the management plan for that land that is tabled in each House of Parliament under subsection 32(1) of the Parks Canada Agency Act, subsection 11(1) of the Canada National Parks Act or subsection 9(1) of the Rouge National Urban Park Act. (plan directeur)

national historic site

means a place that is commemorated under section 3 of the Historic Sites and Monuments Act and is administered by the Parks Canada Agency. (lieu historique national)

national park

includes a park and park reserve as those terms are defined in subsection 2(1) of the Canada National Parks Act. (parc national)

PART 1
Non-specific Classes

2 The operation or maintenance of any physical work, whether or not the physical work is referred to in this Schedule

3 Any physical activity that is carried out entirely within the interior of a building

4 The modification or repair of any roadway, highway or parkway or of any related infrastructure

5 The installation, modification, repair, decommissioning, removal or replacement of any prefabricated structure that is located within the Town of Banff

6 The construction, installation, expansion, modification, repair, decommissioning, removal or replacement of any rudimentary campsite located within an existing rudimentary campground that does not involve the construction of a new toilet system or the use of heavy equipment

7 The construction, installation, expansion, modification, repair, decommissioning, removal or replacement of any tent pad or movable accommodation at a campground that does not involve

• (a) the installation or modification of a waste water treatment system; or
• (b) the removal of vegetation with heavy equipment

8 (1) The construction of any well used to conduct geotechnical, environmental or scientific investigations but not including any project that involves the placement of temporary or permanent fill in a water body

(2) The decommissioning of any well referred to in subsection (1)

9 The repair of any overhead or underground electrical transmission or distribution line or related infrastructure

10 The repair of an overhead or underground telecommunication line or related infrastructure

11 The expansion, modification, repair, decommissioning, removal or replacement of any trail that does not involve

• (a) the installation of a new pedestrian bridge on an existing trail;
• (b) the paving of any unpaved portion of the trail;
• (c) the removal of vegetation with heavy equipment;
• (d) the widening of the trail by more than 50 cm on either side;
• (e) the extension of the trail’s length by more than 500 m; or
• (f) the rerouting of the trail such that its route is more than 50 m from its former route or its length is extended by more than 500 m

12 The removal or replacement of any above ground petroleum storage tank system for petroleum products or allied petroleum products that does not involve the removal of vegetation with heavy equipment

13 The modification, repair, decommissioning or removal of any shoreline stabilization work, wharf, pier, dock, boathouse, launch ramp or navigational aid but does not including

• (a) the placement of temporary or permanent fill in a water body;
• (b) dredging; or
• (c) the construction of a permanent diversion channel

14 The modification or repair of any causeway, fishway, fish ladder, retaining wall or breakwater but does not include

• (a) the placement of temporary or permanent fill in a water body;
• (b) dredging; or
• (c) the construction of a permanent diversion channel

15 The repair of any wastewater treatment system that has a footprint of no more than 1000 m²

PART 2
Historic Canals and National Marine Conservation Areas

Interpretation and Application

16 In this Part national marine conservation area includes a marine conservation area and reserve as those terms are defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.

17 The classes of projects described in sections 19 to 21 do not include any project that involves

• (a) dredging; or
• (b) the construction of a permanent diversion channel.

18 This Part applies to any physical work that is carried out within a historic canal or national marine conservation area.

Physical Works — Historic Canals and National Marine Conservation Areas

19 The modification or repair of any lock, dam or bridge

20 The installation, modification, repair, decommissioning, removal or replacement of any in-water anchoring system, hook-up, boat lift, marine railway, inland boat slip or mooring basin

21 The installation of any shoreline stabilization work, wharf, pier, dock, boathouse, launch ramp or navigational aid

PART 3
National Parks, National Urban Parks and National Historic Sites

Interpretation and Application

22 The classes of projects described in sections 24 to 34 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the installation or modification of a wastewater treatment system; or
• (c) the removal of vegetation with heavy equipment.

23 (1) Subject to subsection (2), this Part applies to any physical work that is carried out on developed land that is accessible by road within a national historic site, national urban park, national park without zoning or an area of a national park that is zoned Zone IV or Zone V in accordance with the management plan.

(2) Any project that is carried out on developed land in the Town of Banff that is zoned Zone V in accordance with the management plan is subject to sections 30 to 34.

Physical Works — Developed Land

24 The installation, modification, repair, decommissioning, removal or replacement of any building or other structure

25 The modification, repair, decommissioning, removal or replacement of any campsite

26 The construction, installation, expansion, modification, repair, decommissioning, removal or replacement of any hook-up

27 The construction, installation, expansion, modification, repair, decommissioning, removal or replacement of any sidewalk, boardwalk, fence or railing

28 The decommissioning of any road, parking lot or pull-off

29 The construction of any building or other structure in a park community, as defined in subsection 2(1) of the Canada National Parks Act

Physical Works – Developed Land Within the Town of Banff

30 The modification, repair, decommissioning or removal of any building or other structure located within the Town of Banff

31 The repair, decommissioning or removal of any hook-up located within the Town of Banff

32 The repair, decommissioning or removal of any sidewalk, boardwalk, fence or railing located within the Town of Banff

33 The decommissioning of any road, parking lot or pull-off located within the Town of Banff

34 The modification, repair, decommissioning or removal of any recreational ground located within the Town of Banff

SCHEDULE 3

(Subsection 3(3) and section 4)

Classes of Projects Within an Area Referred to in Schedule I of the Wildlife Area Regulations

PART 1
Non-specific Classes

1 The operation, maintenance or repair of any physical work, including overhead or underground electrical transmission lines, whether or not the physical work is referred to in this Schedule

2 Any physical activity that is carried out entirely within the interior of a building

3 (1) The construction of any well used to conduct geotechnical, environmental or scientific investigations but not including any project that involves the placement of temporary or permanent fill in a water body

(2) The decommissioning of any well referred to in subsection (1)

PART 2
Building Classes

Interpretation and Application

4 The classes of projects described in sections 6 to 9 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory; or
• (c) demolition that is to be carried out less than 30 m from a building.

5 This Part applies to any building located within an area referred to in Schedule I of the Wildlife Area Regulations.

Physical Works — Developed Land

6 On developed land, the construction, installation, decommissioning, removal, replacement, moving or demolition of any building that has a footprint of no more than 1000 m2

7 On developed land, the expansion of any building, provided that the total footprint of all expansions of that physical work is no more than 1000 m²

Physical Works — Land that is not Developed

8 (1) On land that is not developed , the construction or installation of any building that has a footprint of no more than 100 m²

(2) On land that is not developed, the expansion of any building, provided that the total footprint of all expansions of that physical work is no more than 100 m²

(3) On land other than developed land, the decommissioning, removal, replacement or moving of any physical work referred to in subsection (1), if the footprint is no more than 100 m²

9 The modification of any building

PART 3
Other Physical Works

Interpretation and Application

10 In this Part, other physical work means

• (a) a parking lot;
• (b) a paved area; and
• (c) a gravel or stone dust area.

11 The classes of projects described in sections 13 and 14 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

12 This Part applies to any other physical work.

Physical Works – Developed Land

13 On developed land, the decommissioning, removal or replacement of any other physical work that has a footprint of no more than 1000 m²

Physical Works – Land that is not Developed

14 On land that is not developed, the decommissioning, removal or replacement of other physical work that has a footprint of no more than 100 m²

PART 4
Utility Infrastructure

Interpretation and Application

15 For the purposes of sections 16, 19 and 20, utility infrastructure includes a water pipeline.

16 (1) Theses classes of projects described in sections 18, to 20 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

(2) These classes of projects described in section 18 do not include any project that involves the use of

• (a) vehicles or heavy machinery on the substrate of a water body; or
• (b) explosives.

17 This Part applies to any water-related utility infrastructure, other than a water pipeline or water treatment facility, as well as any infrastructure referred to in section 15.

Water-related Utility Infrastructure

18 The decommissioning, removal or replacement of water-related utility infrastructure that has a footprint of no more than 1000 m²

Utility Infrastructure

19 The decommissioning, removal or replacement of any utility infrastructure that is no more than 1000 m in length

20 The decommissioning, removal or replacement of any utility infrastructure, of any length, that is located

• (a) underneath a railway, a road or airport pavement;
• (b) alongside and contiguous to the infrastructure referred to in paragraph (a), if on developed land; or
• (c) within the right of way of a telecommunication or electrical line

PART 5
Linear Infrastructures

Interpretation and Application

21 In this Part, linear infrastructure includes

• (a) a road; and
• (b) a guardrail, handrail, curb, fence or gate.

22 These classes of projects described in items 24 and 25 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

23 This Part applies to any linear infrastructure set out in sections 22, 24 and 25.

Linear Infrastructures

24 The decommissioning, removal or replacement of a linear infrastructure referred to in paragraph 21(a) that is no more than 100 m in length

25 (1) The construction or installation of any linear infrastructure referred to in paragraph 21(b) that is related to a building or other structure and that is no more than 100 m in length

(2) The lengthening of any linear infrastructure referred to in paragraph 21(b), if the lengthening is no more than 100 m in length

(3) The modification, decommissioning, removal or replacement of any linear infrastructure referred to in paragraph 21(b)

PART 6
Mobility Projects

Interpretation and Application

26 These classes of projects described in items 28 to 30 do not include any project that involves

• (a) the placement of temporary or permanent fill in a water body; or
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory.

Mobility — Developed Land

27 (1) On developed land, the construction or installation of any sidewalk, boardwalk, path or trail that is related to a building or other structure and that has a footprint of no more than 1000 m²

(2) On developed land, the expansion of any sidewalk, boardwalk, path or land-based trail, provided that the total footprint of all expansions of that physical work is no more than 1000 m²

(3) On developed land, the decommissioning, removal or replacement of any sidewalk, boardwalk, path or trail that has a footprint of no more than 1000 m²

Mobility — Land that is not Developed

28 (1) On land other than developed land, the construction or installation of any sidewalk, boardwalk, path or trail that is related to a building or other structure and that has a footprint of no more than 100 m²

(2) On land other than developed land, the expansion of any sidewalk, boardwalk, path or trail, provided that the total footprint of all expansions of that physical work is no more than 100 m²

(3) On land other than developed land, the decommissioning, removal or replacement of any sidewalk, boardwalk, path or trail that has a footprint of no more than 100 m²

20 The modification of any sidewalk, boardwalk, path or trail

PART 7
Marine and Freshwater Structures

30 The modification or removal of a structure used for berthing or mooring that has a footprint of no more than 1000 m² but not including any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory;
• (c) the use of vehicles or heavy machinery on the substrate of a water body; or
• (d) the use of explosives

PART 8
Marine Navigation Aid Structures

31 The modification or removal of any marine navigation aid structure that has a footprint of no more than 1000 m² but not including any project that involves

• (a) the placement of temporary or permanent fill in a water body;
• (b) the disturbance of known or suspected subsurface contamination, unless the project is located within a site classified as closed in the Federal Contaminated Sites Inventory;
• (c) the use of vehicles or heavy machinery on the substrate of a water body; or
• (d) the use of explosives

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