Physical Activities Regulations (SOR/2019-285)

Marginal note:Definitions

• 1 (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 has the meaning assigned by paragraphs 1(a) to (e) of the definitions hazardous waste and hazardous recyclable material in sections 2 and 4, respectively, of the Cross-border Movement 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. (déchets 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

  • (a) an area referred to in paragraph 3(d) or (e) of the Canada Oil and Gas Operations Act in respect of which an authorization under that Act is required to conduct an activity that is related to the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas; or

  • (b) an area in respect of which an authorization under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is required to conduct an activity that is related to the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas. (au large des côtes)

  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

• 2 (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

3 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.

Marginal note:Project on federal lands or outside Canada

• 4 (1) If an authority has, before the coming into force of the Impact Assessment Act, indicated in writing that it has started to make its determination, for the purpose of section 67 or 68 of the Canadian Environmental Assessment Act, 2012, of whether or not the carrying out of a project is likely to cause significant adverse environmental effects, that determination is made under the Canadian Environmental Assessment Act, 2012 as if that Act had not been repealed.

• Marginal note:Non-application of sections 81 to 91 of the Impact Assessment Act

  (2) If, before the coming into force of the Impact Assessment Act, an authority has made a determination under section 67 or 68 of the Canadian Environmental Assessment Act, 2012 with respect to a project, sections 81 to 91 of the Impact Assessment Act do not apply to that project.

• Marginal note:Definition of authority and project

  (3) In this section, authority and project have the same meaning as in section 66 of the Canadian Environmental Assessment Act, 2012.

Marginal note:S.C. 2019, c. 28, s. 1

Footnote ^*5 These Regulations come into force on the day on which section 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, comes into force.

• Return to footnote ^*[Note: Regulations in force August 28, 2019, see SI/2019-86.]