SOR-2025-60 Order Designating Certain Excluded Classes of Projects

Current to 2025-03-03 · last amended 2025-02-28

Contents

Whereas the Minister of the Environment is of the opinion that the carrying out of a project under one of the designated classes of projects under the annexed Order will cause only insignificant adverse environmental effects;

And whereas, under subsection 89(2) of the Impact Assessment Act a, that Minister has considered the comments received from the public in deciding whether to make the designation; S.C. 2019, c. 28, s. 1

Therefore, the Minister of the Environment makes the annexed Order Designating Certain Excluded Classes of Projects under subsection 88(1) of the Impact Assessment Act a.

Ottawa, February 27, 2025 Le ministre de l’Environnement, Steven Guilbeault Minister of the Environment

Interpretation

s. 1 — Definitions

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 ditch that does not contain fish habitat as defined in subsection 2(1) of the Fisheries Act, a sewage or waste treatment lagoon, a mine tailings pond, an artificial irrigation pond or a dugout. (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)

s. 2 — Interpretation

Any reference to a physical work in this Order includes the systems and equipment required for the operation of a physical work including communication, 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

s. 3 — Federal lands or lands outside of Canada

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.

s. 3(2) — Lands administered by Parks Canada Agency

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.

s. 3(3) — Wildlife Area Regulations

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.

s. 4 — Exceptions

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

cause a change to

the water level of a water body,

the alignment of a watercourse,

any characteristic of a wetland,

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;

include any activity set out in subsection 5(1) of the Migratory Birds Regulations, 2022, unless the activity is described in subsection 5(2) of those Regulations;

involve the release of a deleterious substance as defined in subsection 34(1) of the Fisheries Act into a water body;

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;

involve any prohibited activities in areas referred to in subsection 35(1) of the Oceans Act;

involve the removal of any structure or resource that is of historical, archaeological, paleontological or architectural significance; or

cause damage to any structure, resource or site that is of historical, archaeological, paleontological or architectural significance.

Transitional Provision

s. 5 — Transitional provision

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.

Repeal

The Designated Classes of Projects Order 1 is repealed. SOR/2019-323

Coming into Force

s. 7 — Registration

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

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

Non-specific Classes

1

The operation, maintenance or repair of any 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 any 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 m 2 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures

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 m 2 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures;

(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

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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures; or

(c)

the demolition of a building or special purpose building that is less than 30 m from a school, hospital or residential 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 m 2; and

(b)

any special purpose building that has a footprint of no more than 1500 m 2

(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 m 2; and

(b)

any tent pad that has a footprint of no more than 1000 m 2

(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 m 2

Physical Works — Land That is not Developed

10
(1)

On land that is not developed, the construction, installation, decommissioning, removal, replacement or moving of

(a)

any building that has a footprint of no more than 100 m 2;

(b)

any prefabricated structure that has a footprint of no more than 100 m 2;

(c)

any tent pad that has a footprint of no more than 100 m 2; or

(d)

any special purpose building that has a footprint of no more than 500 m 2

(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 m 2

11

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

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)

an access road;

(g)

a charging station for electric vehicles;

(h)

infrastructure that generates solar or wind power;

(i)

a gravel or stone dust area;

(j)

an accessibility structure for active transportation;

(k)

an awning;

(l)

a bollard;

(m)

a security system;

(n)

a heating, ventilation and air conditioning (HVAC) system; and

(o)

an air pollution control system.

13

The classes of projects described in sections 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

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 m 2

(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 m 2

(3)

On developed land, the decommissioning, removal or replacement of any physical work that has a footprint of no more than 1000 m 2

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 m 2

(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 m 2

(3)

On land that is not developed, the decommissioning, removal or replacement of any physical work that has a footprint of no more than 100 m 2

17

The modification of any physical work or related physical work

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 section 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 or distribution line of 130 kV or less; or

(c)

the disturbance of known or suspected subsurface contamination, unless the project is located within a site that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

(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 any water-related utility infrastructure that has a footprint of no more than 100 m 2

(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 any water-related utility infrastructure that has a footprint of no more than 1000 m 2

(4)

The modification of any water-related utility infrastructure that has a footprint of no more than 1000 m 2

(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 m 2 and that is located more than 30 m from a water body

(2)

The modification of any septic system

Interpretation

23

For the purposes of sections 25 to 29, utility infrastructure means

(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 or distribution 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 or distribution line of 130 kV or less; or

(c)

the disturbance of known or suspected subsurface contamination, unless the project is located within a site that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

(2)

The classes of projects described in sections 27 to 29 do not include any project for which the electrical transmission or distribution 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 any of 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 m 2 and that is linked to an electrical transmission or distribution 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 m 2 and that is linked to an electrical transmission or distribution 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 or distribution line referred to in paragraph 23(g)

Storage Tank Systems

Application

30

The 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

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

Linear Infrastructures

Interpretation and Application

34

In this Part, linear infrastructure means

(a)

a runway, taxiway or runway end safety area of an aerodrome;

(b)

a railway;

(c)

a road that is not an access road; and

(d)

a guardrail, handrail, curb, fence or gate.

35

The 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

36

This Part applies to any linear infrastructure.

Aerodromes

37
(1)

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

(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)

On developed land, 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)

On developed land, 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)

Transportation and Mobility Projects

Application

41
(1)

The 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

(2)

The classes of projects described in sections 44 and 47 do not include any project that 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 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 m 2

(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 m 2

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 m 2

(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 m 2

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 m 2

(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 m 2

(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 m 2

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 m 2

(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 m 2

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 m 2

(2)

On land that is not developed, 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 m 2

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 m 2

(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 m 2

(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 m 2

49

The modification of any air transportation navigational aid, clear span bridge, sidewalk, boardwalk, path or trail

Structures in or Near Water

Interpretation 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
(1)

The classes of projects described in sections 53 to 57 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures;

(c)

the use of vehicles or heavy machinery on the substrate of a water body; or

(d)

the use of explosives.

(2)

The classes of projects described in subsections 56(1) and (2) and 57(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.

52

This Part applies to any culvert and any structure used for berthing or mooring, any hydrometric station, including any related personnel shelter and any marine navigation aid structure as well as any other physical work.

Culverts and Structures 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 annual 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 m 2

55

The modification or replacement of any other physical work that has a footprint of no more than 1000 m 2

Hydrometric Stations and Marine Navigation Aid Structures

56
(1)

The construction or installation of a hydrometric station that has a footprint of no more than 100 m 2

(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 m 2

57
(1)

The construction or installation of a marine navigation aid structure that has a footprint of no more than 100 m 2

(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 m 2

Other Projects

Interpretation Application

58

For the purposes of sections 63, 66 and 67, 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.

59
(1)

The classes of projects described in sections 61 to 67 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

(2)

The classes of projects described in sections 61 and 64 do not include any project that results in an antenna that reaches higher than 60 m above the ground.

60

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.

Infrastructure — Developed Land

61
(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 m 2

(2)

On developed land, the expansion of any 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

62
(1)

On developed land, the construction, installation, decommissioning, removal or replacement of a scientific instrument that has a footprint of no more than 1000 m 2

(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

63
(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 m 2

(2)

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

Infrastructure — Land That Is Not Developed

64
(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 m 2

(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

65
(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 m 2

(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

66
(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 m 2

(2)

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

67

The modification of any radio communication antenna or radar system, scientific instrument or other physical work

Classes of Projects on Federal Lands Administered by Parks Canada Agency

Interpretation

1

The following definitions apply in this Schedule.

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

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

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

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 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 modification, 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 that does not involve

(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 that does not involve

(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 modification or repair of any wastewater treatment system that has a footprint of no more than 1000 m 2

Historic Canals and National Marine Conservation Areas

Interpretation 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;

(b)

the construction of a permanent diversion channel; or

(c)

the permanent increase of the footprint of a physical work below the high-water mark.

18

This Part applies to any physical work that is carried out within a historic canal as defined in section 2 of the Historic Canals Regulations 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, modification, repair, removal, decommissioning or replacement of any shoreline stabilization work, wharf, pier, dock, boathouse, launch ramp or navigational aid

National Parks, National Urban Parks and National Historic Sites

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 — which means a place that is commemorated under section 3 of the Historic Sites and Monuments Act and is administered by the Parks Canada Agency — 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

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

Non-specific Classes

1

The operation, maintenance or repair of any physical work, including overhead or underground electrical transmission or distribution 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)

Building Classes

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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures; 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 m 2

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 m 2

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 m 2

(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 m 2

(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 is no more than 100 m 2

9

The modification of any building

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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

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 m 2

Physical Works — Land that is not Developed

14

On land that is not developed, the decommissioning, removal or replacement of any other physical work that has a footprint of no more than 100 m 2

Utility Infrastructure

Application

15
(1)

The classes of projects described in sections 17 to 19 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

(2)

The classes of projects described in section 17 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.

16

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

Water-related Utility Infrastructure

17

The decommissioning, removal or replacement of any water-related utility infrastructure that has a footprint of no more than 1000 m 2

Water Pipelines

18

The decommissioning, removal or replacement of any water pipeline that is no more than 1000 m in length

19

The decommissioning, removal or replacement of any water pipeline, 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

Linear Infrastructures

Interpretation and Application

20

In this Part, linear infrastructure means

(a)

a road; and

(b)

a guardrail, handrail, curb, fence or gate.

21

The classes of projects described in sections 23 and 24 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

22

This Part applies to any linear infrastructure.

Linear Infrastructures

23

The decommissioning, removal or replacement of any linear infrastructure referred to in paragraph 20(a) that is no more than 100 m in length

24
(1)

The construction or installation of any linear infrastructure referred to in paragraph 20(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 20(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 20(b)

Mobility Projects

Application

25

The classes of projects described in sections 27 to 29 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures.

26

This part applies to any sidewalk, boardwalk, path or trail.

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 m 2

(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 m 2

(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 m 2

Mobility — Land That Is Not Developed

28
(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 other structure and that has a footprint of no more than 100 m 2

(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 m 2

(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 m 2

29

The modification of any sidewalk, boardwalk, path or trail

Structures in or Near Water

30

The modification or removal of any marine navigation aid structure or structure used for berthing or mooring that has a footprint of no more than 1000 m 2 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 that is classified as closed in the Federal Contaminated Sites Inventory but not including sites closed that require risk management measures;

(c)

the use of vehicles or heavy machinery on the substrate of a water body; or

(d)

the use of explosives