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Physical Activities Regulations (SOR/2019-285)

Regulations are current to 2020-07-15 and last amended on 2019-08-28. Previous Versions

Physical Activities Regulations

SOR/2019-285

IMPACT ASSESSMENT ACT

Registration 2019-08-08

Physical Activities Regulations

P.C. 2019-1182 2019-08-07

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 109 and 188 of the Impact Assessment ActFootnote a, makes the annexed Physical Activities Regulations.

Marginal note:Definitions

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

    aerodrome

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

    area of mining operations

    area of mining operations means the area at ground level occupied by any open-pit or underground workings, mill complex or storage area for overburden, waste rock, tailings or ore. (aire d’exploitation minière)

    boundary water

    boundary water has the meaning assigned by the definition boundary waters in subsection 2(1) of the Canada Water Act. (eaux limitrophes)

    canal

    canal means a waterway constructed for navigation. (canal)

    Class IA nuclear facility

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

    disposal at sea

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

    exploratory well

    exploratory well has the same meaning as in subsection 101(1) of the Canada Petroleum Resources Act, but does not include a delineation well or development well as those terms are defined in that subsection. (puits d’exploration)

    hazardous waste

    hazardous waste means anything referred to in any of paragraphs 1(1)(a) to (f) or 2(1)(a) to (f) of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, but does not include nuclear substances, domestic waste water or anything collected from households in the course of regular municipal waste collection services. (déchet dangereux)

    international electrical transmission line

    international electrical transmission line has the meaning assigned by the definition international power line in section 2 of the Canadian Energy Regulator Act. (ligne internationale de transport d’électricité)

    marine terminal

    marine terminal means a facility, including its areas, structures and equipment, that is used for berthing ships and that is

    • (a) related to the movement of goods between ships and shore; or

    • (b) used for the receiving, holding, regrouping, embarkation or landing of passengers transported by water. (terminal maritime)

    national marine conservation area

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

    national park

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

    navigable water

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

    new right of way

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

    nuclear substance

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

    offshore

    offshore means, except in respect of an offshore area, anything that is located in

    offshore area

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

    oil and gas pipeline

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

    park community

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

    uranium mill

    uranium mill has the meaning assigned by the definition mill in section 1 of the Uranium Mines and Mills Regulations. (usine de concentration d’uranium)

    uranium mine

    uranium mine has the meaning assigned by the definition mine in section 1 of the Uranium Mines and Mills Regulations. (mine d’uranium)

    water body

    water body means any body of water, including a canal, a reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or a mine tailings pond. (plan d’eau)

  • Marginal note:Aircraft Group Number

    (2) For the purpose of these Regulations, an Aircraft Group Number refers to the Aircraft Group Number set out in Transport Canada’s publication, TP 312, 5th edition entitled Aerodrome Standards and Recommended Practices.

Marginal note:Physical activities — designated projects

  •  (1) The physical activities that are set out in the schedule are designated for the purpose of the definition designated project in section 2 of the Impact Assessment Act.

  • Marginal note:Physical activities that may be excluded

    (2) For the purpose of the definition designated project in section 2 of the Impact Assessment Act, the physical activities that may be designated by the Minister under paragraph 112(1)(a.2) of that Act are those referred to in section 34, 44 or 45 of the schedule.

  • Marginal note:Exception

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

Marginal note:Period for review of regulations

 For the purpose of subsection 111(1) of the Impact Assessment Act, the period is five years after the day on which these Regulations come into force.

 
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