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Designated Classes of Projects Order (SOR/2019-323)

Regulations are current to 2020-09-09

Designated Classes of Projects Order

SOR/2019-323

IMPACT ASSESSMENT ACT

Registration 2019-08-30

Designated Classes of Projects Order

Whereas the Minister of the Environment is of the opinion that the carrying out of a project that is a part of a designated class of projects described in the annexed Order will cause only insignificant adverse environmental effects;

And whereas, pursuant to subsection 89(2) of the Impact Assessment ActFootnote a, that Minister has considered the comments received from the public in deciding whether to make the designation;

Therefore, the Minister of the Environment, pursuant to subsection 88(1) of the Impact Assessment ActFootnote a, makes the annexed Designated Classes of Projects Order.

Gatineau, August 30, 2019

La ministre de l’Environnement,
blank line
Catherine McKenna
Minister of the Environment

Interpretation

Marginal note:Definitions

 The following definitions apply in this Order.

Act

Act means the Impact Assessment Act. (Loi)

allied petroleum product

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)

boathouse

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

building

building means a roofed physical work. (bâtiment)

developed land

developed land means land that is permanently altered from its natural state for human use or is landscaped and maintained for human use. (terrain aménagé)

expansion

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

historic canal

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

hook-up

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

management plan

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)

modification

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

national historic site

national historic site means a place that is commemorated under section 3 of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency. (lieu historicque national)

national marine conservation area

national marine conservation area has the meaning assigned by the definition marine conservation area or reserve in subsection 2(1) of the Canada National Marine Conservation Areas Act. (aire marine nationale de conservation)

national park

national park has the meaning assigned by the definition park or park reserve in subsection 2(1) of the Canada National Parks Act. (parc national)

petroleum product

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

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

wetland

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)

Designated Classes of Projects

Marginal note:Federal lands or outside of Canada

 The classes of projects set out in Schedule 1 and that are to be carried out on federal lands, other than lands administered by the Parks Canada Agency, or outside Canada are designated for the purposes of section 88 of the Act.

Marginal note:Lands administered by Parks Canada Agency

 The classes of projects set out in Schedule 2 and that are to be carried out on federal lands administered by the Parks Canada Agency are designated for the purposes of section 88 of the Act.

Marginal note:Excluded Projects

 The classes of projects set out in Schedules 1 and 2 do not include projects

Coming into Force

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

Footnote * This Order comes 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, chapter 28 of the Statutes of Canada, 2019 comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.

SCHEDULE 1(Sections 2 and 4)Designated Classes of Projects (Outside Canada or on Federal Lands not Administered by Parks Canada Agency)

PART 1General

  • 1 The operation, maintenance or repair of a physical work.

  • 2 Physical activities that are carried out entirely within the interior of a building.

    • 3 (1) The construction or operation of a well to conduct geotechnical or environmental investigations of the subsurface characteristics of a site for the purpose of scientific research or of assessing or monitoring the site for contamination.

    • (2) The decommissioning of a well that was used to conduct a geotechnical or environmental investigation referred to in subsection (1).

    • (3) The classes of projects described in subsections (1) and (2) do not include projects that involve the placement of temporary or permanent fill in a water body.

PART 2Buildings

    • 4 (1) On developed land, the construction, installation, operation, modification, demolition, decomissioning, removal or replacement of a building that has a footprint of no more than 1 000 m2.

    • (2) On developed land, the expansion of a building that does not increase the building’s footprint to more than 1 000 m2.

    • (3) On land other than developed land, the construction or installation of a building that has a footprint of no more than 100 m2.

    • (4) The classes of projects described in subsections (1) to (3) do not include projects that

      • (a) involve the placement of temporary or permanent fill in a water body;

      • (b) involve the disturbance of known or suspected subsurface contamination; or

      • (c) involve the demolition of a building that is less than 30 m from a school, hospital or residential building.

PART 3Physical Works Related to Building or Other Structure

    • 5 (1) On developed lands, the construction, installation, operation, modification, expansion, replacement, removal or decomissioning of any of the following physical works that are related to a building or other structure and that have a footprint, when combined with the footprint of all other physical works related to the building or structure, of no more than 1 000 m2:

      • (a) lighting systems;

      • (b) signage;

      • (c) fire suppression infrastructure;

      • (d) parking lots;

      • (e) paved areas;

      • (f) charging stations for electrical vehicles;

      • (g) infrastructure that generates solar or wind power;

      • (h) fencing that does not prevent the passage of wild animals; and

      • (i) sidewalks, boardwalks, paths, pedestrian ramps or access roads.

    • (2) The classes of projects described in subsection (1) do not include projects that

      • (a) involve the placement of temporary or permanent fill in a water body; or

      • (b) involve the disturbance of known or suspected subsurface contamination.

    • 6 (1) On lands other than developed lands, the construction, installation, operation, modification, expansion, replacement, removal or decomissioning of any of the following physical works that are related to a building or other structure and that have a footprint, when combined with the footprint of all other physical works related to the building or structure, of no more than 100 m2:

      • (a) lighting systems;

      • (b) signage;

      • (c) fire suppression infrastructure;

      • (d) parking lots;

      • (e) paved areas;

      • (f) charging stations for electrical vehicles;

      • (g) infrastructure that generates solar or wind power;

      • (h) fencing that does not prevent the passage of wild animals; and

      • (i) sidewalks, boardwalks, paths, pedestrian ramps or access roads.

    • (2) The classes of projects described in subsection (1) do not include projects that

      • (a) involve the placement of temporary or permanent fill in a water body; or

      • (b) involve the disturbance of known or suspected subsurface contamination.

PART 4Utility Infrastructure

    • 7 (1) The installation, operation, replacement, modification, decommissioning, abandonment or removal of a hydrant or hook-up that is part of a utility distribution system for a municipality or farm.

    • (2) The construction, installation, operation, replacement, modification, expansion, removal or decommissioning of water-related utility infrastructure, other than water pipelines, that has a footprint of no more than 100 m2.

    • (3) The construction, installation, operation, replacement, modification, expansion, removal or decommissioning of water pipelines that are

      • (a) no more than 100 m in length; or

      • (b) located underneath, or on developed land that is alongside and contiguous to, a railway or road.

    • (4) The modification of a water treatment facility.

    • (5) The construction, installation, operation, replacement, modification, expansion or abandonment of a portion of any of the following physical works that is located more than 30 m from a water body and are underneath, or on developed land that is alongside and contiguous to, a railway or road:

      • (a) sewers;

      • (b) drains;

      • (c) steam lines;

      • (d) service tunnels; and

      • (e) overhead or underground telecommunication lines.

    • (6) The classes of projects described in subsections (1) to (5) do not include projects that

      • (a) involve the placement of temporary or permanent fill in a water body;

      • (b) involve the crossing of a water body, other than an overhead crossing by a telecommunication line; or

      • (c) involve the disturbance of known or suspected subsurface contamination.

PART 5Above Ground Storage Tank Systems

    • 8 (1) The installation, replacement, operation, modification, expansion or removal of an above ground storage tank system for petroleum products or allied petroleum products that is

      • (a) located within an airport and has an aggregate capacity of no more than 30 000 L; or

      • (b) located outside of an airport and has an aggregate capacity of no more than 5 000 L.

    • (2) The classes of projects described in subsection (1) do not include projects that involve the disturbance of known or suspected subsurface contamination.

SCHEDULE 2(Sections 3 and 4)Designated Classes of Projects (On Federal Lands Administered by Parks Canada Agency)

PART 1General

  • 1 The operation or maintenance of a physical work.

  • 2 Physical activities that are carried out entirely within the interior of a building.

  • 3 The maintenance, repair or modification of a roadway, highway or parkway or of related infrastructure.

  • 4 The installation, maintenance, repair or replacement of prefabricated structures.

  • 5 The construction, maintenance, repair or replacement of a 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.

  • 6 The construction, installation, maintenance, repair or replacement of tent pads or movable accommodations at an existing campground that does not involve

    • (a) the installation or modification of a septic field; or

    • (b) the removal of vegetation with heavy equipment.

    • 7 (1) The construction or operation of a well to conduct geotechnical or environmental investigations of the subsurface characteristics of a site for the purpose of scientific research or of assessing or monitoring the site for contamination.

    • (2) The decommissioning of a well that was used to conduct a geotechnical or environmental investigation referred to in subsection (1).

    • (3) The classes of projects described in subsections (1) and (2) do not include projects that involve the placement of temporary or permanent fill in a water body.

  • 8 The operation, maintenance or repair of overhead or underground electrical transmission or distribution lines or related infrastructure.

  • 9 The maintenance, repair, modification or expansion of a land-based trail that does not involve

    • (a) the installation of a pedestrian bridge on the trail, unless the bridge is a replacement for an existing pedestrian bridge;

    • (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 the trail’s route is more than 50 m from the former route or the trail’s length is extended by more than 500 m.

    • 10 (1) The operation of an above ground petroleum storage tank system for petroleum products or allied petroleum products.

    • (2) The removal, replacement or modification of an above ground petroleum storage tank system for petroleum products or allied petroleum products or its base that does not involve the removal of vegetation with heavy equipment.

    • 11 (1) The maintenance, repair or removal of shoreline stabilization works, wharves, piers, docks, boathouses, launch ramps or navigational aids.

    • (2) The maintenance or repair of causeways, fishways, fish ladders, retaining walls or breakwaters.

    • (3) The classes of projects described in subsections (1) and (2) do not include projects that

      • (a) involve the placement of temporary or permanent fill in a water body;

      • (b) involve dredging; or

      • (c) involve the construction of a permanent diversion channel.

PART 2Historic Canals and National Marine Conservation Areas

    • 12 (1) The following classes of projects that are carried out within a historic canal or national marine conservation area:

      • (a) the maintenance or repair of locks, dams or bridges;

      • (b) the installation, maintenance, repair or removal of in-water anchoring systems, hook-ups, boat lifts, marine railways, inland boat slips or mooring basins; and

      • (c) the installation of shoreline stabilization works, wharves, piers, docks, boathouses, launch ramps or navigational aids.

    • (2) The classes of projects described in subsection (1) do not include projects that

      • (a) involve dredging;

      • (b) involve permanently increasing a physical work’s footprint below the high-water mark; or

      • (c) involve the construction of a permanent diversion channel.

PART 3National Parks and National Historic Sites

    • 13 (1) The following classes of projects that are carried out on developed land that is accessible by road within a national historic site or an area of a national park that is zoned “Zone IV” or “Zone V” in accordance with the management plan, other than those that are carried out in the town of Banff:

      • (a) the installation, modification, maintenance, repair, replacement, decommissioning or abandonment of buildings or other structures;

      • (b) the maintenance, repair or modification of campsites;

      • (c) the construction, installation, maintenance, repair, decommissioning or abandonment of hook-ups;

      • (d) the construction, installation, maintenance or repair of sidewalks, boardwalks, fences or railings;

      • (e) the decommissioning or abandonment of roads, parking lots, pull-offs, sidewalks, boardwalks or trails;

      • (f) the construction, modification, operation, maintenance, decommissioning or abandonment of recreational grounds; and

      • (g) the construction of buildings or other structures in a park community, as defined in subsection 2(1) of the Canada National Parks Act.

    • (2) The classes of projects described in subsection (1) do not include projects that involve

      • (a) the placement of temporary or permanent fill in a water body;

      • (b) the installation or modification of a septic field; or

      • (c) the removal of vegetation with heavy equipment.

    • 14 (1) The following classes of projects that are carried out on developed land within the town of Banff:

      • (a) the modification, maintenance, repair, decommissioning or abandonment of buildings or other structures;

      • (b) the maintenance, repair or modification of campsites;

      • (c) the maintenance, repair, decommissioning or abandonment of hook-ups;

      • (d) the maintenance or repair of sidewalks, boardwalks, fences or railings;

      • (e) the decommissioning or abandonment of roads, parking lots, pull-offs, sidewalks, boardwalks or trails; and

      • (f) the modification, operation, maintenance, decommissioning or abandonment of recreational grounds.

    • (2) The classes of projects described in subsection (1) do not include projects that involve

      • (a) the placement of temporary or permanent fill in a water body;

      • (b) the installation or modification of a septic field; or

      • (c) the removal of vegetation with heavy equipment.

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