Exemption List Regulations
SCHEDULE 1(Section 2)Exempted Developments Not Situated in National Parks, National Park Reserves or National Historic Sites
PART 1General
1 The operation or maintenance of, or repair to, a structure that
(a) will not entail the deposit of waste into a water body; and
(b) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
2 A development, or a part thereof, for which renewal of a permit, licence or authorization is requested that
(a) has not been modified; and
(b) has fulfilled the requirements of the environmental assessment process established by the Mackenzie Valley Resource Management Act, the Canadian Environmental Assessment Act or the Environmental Assessment Review Process Guidelines Order.
2.1 A development, or a part thereof, for which a permit, licence or authorization is requested that
(a) was part of a development that fulfilled the requirements of the environmental assessment process established by the Mackenzie Valley Resource Management Act; and
(b) has not been modified since the development referred to in paragraph (a) fulfilled the requirements of the environmental assessment process established by the Mackenzie Valley Resource Management Act.
3 (1) The construction or installation of a building with a footprint of less than 100 m2 and a height of less than 5 m on land outside the boundaries of a local government that
(a) will be carried out at a distance greater than 30 m from a water body; and
(b) will not entail the deposit of waste into a water body.
(2) The construction or installation of a building with a footprint of less than 1000 m2 on land within the boundaries of a local government that
(a) will be carried out at a distance greater than 30 m from a water body; and
(b) will not entail the deposit of waste into a water body.
4 The modification or limited expansion of a building, or anything affixed thereto, that will not entail the deposit of waste into a water body.
5 The construction, installation or modification of an environmental scientific data collection instrument, or its housing or enclosure, with a combined footprint of less than 100 m2, that will not entail the deposit of waste into a water body.
6 The construction of a sidewalk, boardwalk or a parking lot with a capacity of 10 or fewer automobiles that will not entail the deposit of waste into a water body, where
(a) the sidewalk, boardwalk or parking lot will be contiguous to a building; and
(b) the construction will be carried out at a distance greater than 30 m from a water body.
7 The construction of a fence where the construction will not entail the deposit of waste into a water body.
8 The construction, installation, limited expansion or modification of a hydrant or hook-up, where
(a) the hydrant or hook-up is or will be part of a farm or municipal system of distribution; and
(b) the construction, installation, limited expansion or modification will not involve the crossing of a water body, other than an aerial crossing by a telecommunication or electrical transmission line.
9 The construction, installation, limited expansion or modification of a sign, no surface of which has or will have an area of more than 25 m2, that is or will be situated at a distance of less than 15 m from an existing building.
10 The construction, installation or modification of a radio-communication antenna and its supporting structure, that
(a) will be carried out at a distance greater than 30 m from a water body;
(b) will not entail the deposit of waste into a water body;
(c) either
(i) is affixed to a building,
(ii) is situated at a distance of less than 15 m from a building, or
(iii) has, together with any supporting lines, a combined footprint of not more than 25 m2; and
(d) in the case of a structure referred to in subparagraph (c)(iii), does not require a land use permit under the Mackenzie Valley Resource Management Act or the Territorial Land Use Regulations.
11 The construction, installation, limited expansion or modification of a geodesic benchmark with a footprint of less than 25 m2 that will not entail the deposit of waste into a water body.
12 The construction, operation, modification or removal of a temporary field camp that
(a) will not entail the deposit of waste into a water body; and
(b) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
13 The operation and maintenance of a highway, as defined in the Northwest Territories Motor Vehicles Act, R.S.N.W.T. 1988, c. M-16, or its associated culverts, that is carried out on the highway right-of-way and does not
(a) lengthen the highway;
(b) widen the highway by more than 15 per cent; or
(c) entail the deposit of waste into a water body.
14 The demolition of a building with a floor area of less than 1000 m2 that will not
(a) entail the deposit of waste into a water body;
(b) be carried out within 30 m of another building; and
(c) involve the handling of hazardous materials.
15 Engineering tests undertaken to define the elements of a development, or alternatives necessary to determine the environmental impact of a development, that
(a) will not entail the deposit of waste into a water body; and
(b) do not require a land use permit or a water licence pursuant to the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
16 Research, scientific studies or surveys that
(a) will not include the capture of wildlife including fish, mammals and birds; and
(b) do not require a land use permit or water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
17 The cutting of not more than 5000 m3 of timber burned by a forest fire, or not more than 1100 m3 of any other timber, that
(a) will be carried out at a distance greater than 30 m from a water body;
(b) will not entail the deposit of waste into a water body; and
(c) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
18 The setting of a fire, with a footprint of not more than 25 m2, to clear land or remove flammable material during the closed season under a permit issued under subsection 11(1) of the Northwest Territories Forest Protection Act, R.S.N.W.T. 1988, c. F-10.
PART 2Agriculture
19 The modification of an irrigation structure that will not entail the deposit of waste into a water body.
20 The construction, limited expansion or modification of a domestic or farm water supply well, pump house, water-tank loading facility or dugout on agricultural land, that will not entail the deposit of waste into a water body.
21 The construction, limited expansion or modification of a centre pivot or side roll sprinkler on agricultural land that will not entail the deposit of waste into a water body.
PART 3Defence
22 Military field exercises and field training, involving fewer than 275 persons and fewer than 40 vehicles, that
(a) will not entail the deposit of waste into a water body; and
(b) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
PART 4Electrical Energy
23 The construction or installation of an electrical transmission line, other than an international electrical transmission line, with an operating design voltage of not more than 130 kV, where the construction or installation
(a) will not be carried out beyond an existing right-of-way;
(b) will not entail the deposit of waste into a water body;
(c) will not involve the placement in or on a water body of the supporting structures; and
(d) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
24 The limited expansion or modification of a telecommunication or electrical transmission line, other than an international electrical transmission line, that
(a) will not lengthen the line by more than 10 per cent;
(b) will not be carried out beyond an existing right-of-way;
(c) will not entail the deposit of waste into a water body;
(d) will not involve the placement in or on a water body of supporting structures; and
(e) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
25 The construction or installation of a switching station that is associated with a telecommunication or electrical transmission line with an operating design voltage of not more than 130 kV, other than a international transmission line, where the construction or installation
(a) will not be carried out beyond an existing right-of-way;
(b) will not be carried out within a distance of 30 m of a water body;
(c) will not entail the deposit of waste into a water body; and
(d) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
26 The modification or limited expansion of a switching station associated with a telecommunication or electrical transmission line, where the modification or limited expansion
(a) will not be carried out beyond an existing right-of-way;
(b) will not entail the deposit of waste into a water body; and
(c) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
PART 5Aquatic
27 The modification or demolition of a structure
(a) located on land,
(b) associated with fishing or the use of small pleasure craft, and
(c) with a footprint of less than 100 m2 and a height of less than 5 m,
that will not entail the deposit of waste into a water body or involve the handling of hazardous materials.
28 The modification of a fish habitat improvement structure that
(a) will not require heavy machinery; and
(b) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
29 The modification of a wharf, other than a floating wharf, or of a breakwater that is accessible by land, where the modification will not
(a) be carried out below the high-water mark of the wharf or breakwater;
(b) involve dredging; or
(c) entail the deposit of waste into a water body.
30 The re-installation or modification of a floating wharf that will not entail the deposit of waste into a water body.
31 The demolition of a wharf that will not
(a) involve the use of explosives; or
(b) entail the deposit of waste into a water body.
PART 6Transportation
32 The modification or limited expansion of a paved or gravel area within the boundary of an aerodrome, as defined in subsection 3(1) of the Aeronautics Act, that
(a) will not entail the deposit of waste into a water body; and
(b) does not require a land use permit under the Mackenzie Valley Resource Management Act or the Territorial Land Use Regulations.
33 The modification of aircraft visual or navigation aids.
34 The construction, installation, limited expansion or modification of an automatic warning structure at a railway level crossing.
35 The construction, installation, limited expansion or modification of a railway traffic control signal structure on an existing railway right-of-way.
36 The modification of the portion of an oil and gas pipeline, sewer or drain that crosses under a railway or road and is within the railway or road right-of-way.
37 The operation, maintenance or modification of the portion of a culvert that crosses under a railway or road and is within the railway or road right-of-way, where the operation, maintenance or modification does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Northwest Territories Waters Act or the Territorial Land Use Regulations.
38 The modification, other than a deviation, of a railway track or bed that will not entail the deposit of waste into a water body.
39 The modification of a road crossing, as defined in subsection 4(1) of the Railway Safety Act, that
(a) will be carried out on the railway right-of-way; and
(b) will not entail the deposit of waste into a water body.
- SOR/2009-98, s. 2
- Date modified: