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IMPACT ASSESSMENT ACTPhysical Activities RegulationsP.C.2019-118220198
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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 Acta, makes the annexed Physical Activities Regulations.S.C. 2019, c. 28
DefinitionsThe following definitions apply in these Regulations.aerodrome has the same meaning as in subsection 3(1) of the Aeronautics Act. (aérodrome)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 has the meaning assigned by the definition boundary waters in subsection 2(1) of the Canada Water Act. (eaux limitrophes)canal means a waterway constructed for navigation. (canal)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 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 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 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 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 means a facility, including its areas, structures and equipment, that is used for berthing ships and that isrelated to the movement of goods between ships and shore; orused for the receiving, holding, regrouping, embarkation or landing of passengers transported by water. (terminal maritime)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 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 has the same meaning as in section 2 of the Canadian Navigable Waters Act. (eaux navigables)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 has the same meaning as in section 2 of the Nuclear Safety and Control Act. (substance nucléaire)offshore means, except in respect of an offshore area, anything that is located inan 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; oran 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 has the same meaning as in section 2 of the Canadian Energy Regulator Act. (zone extracôtière)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 has the same meaning as in subsection 2(1) of the Canada National Parks Act. (collectivité)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 has the meaning assigned by the definition mine in section 1 of the Uranium Mines and Mills Regulations. (mine d’uranium)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)Aircraft Group NumberFor 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.SOR/2021-25, s. 93
Physical activities — designated projectsThe 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.Physical activities that may be excludedFor 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.ExceptionSubsections (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.
Period for review of regulationsFor 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.
Project on federal lands or outside CanadaIf 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.Non-application of sections 81 to 91 of the Impact Assessment ActIf, 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.Definition of authority and projectIn this section, authority and project have the same meaning as in section 66 of the Canadian Environmental Assessment Act, 2012.
S.C. 2019, c. 28, s. 1These 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.[Note: Regulations in force August 28, 2019, see SI/2019-86.]
(Section 2)Physical ActivitiesNational Parks and Protected Areas
The construction, operation, decommissioning and abandonment in a wildlife area, as defined in section 2 of the Wildlife Area Regulations, a migratory bird sanctuary, as defined in subsection 2(1) of the Migratory Bird Sanctuary Regulations or a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act, of one of the following:a new electrical generating facility or electrical transmission line;a new structure for the diversion of water, including a new dam, dyke or reservoir;a new oil or gas facility or oil and gas pipeline;a new mine or mill;a new industrial facility;a new canal or lock;a new marine terminal;a new railway line;a new public road or parkway that is intended for the passage of motor vehicles;a new aerodrome or runway;a new waste management facility;a new aquaculture facility.
The construction, in a national marine conservation area, of a new physical work if the construction is contrary to the management plan for that area tabled in or laid before each House of Parliament under subsection 9(1) of the Canada National Marine Conservation Areas Act or subsection 9(1) of the Saguenay-St. Lawrence Marine Park Act.
The disposal at sea, in a national marine conservation area, of waste or other matter as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999 at a new disposal at sea site or a new part of an existing disposal at sea site.
The construction, operation, decommissioning and abandonment, in a national marine conservation area, of a new pipeline for carrying a substance other than water.
The construction, on land that is managed or administered by the Parks Canada Agency, of a new physical work, if the construction iscontrary to 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, or to a similar plan for the land that is approved by the Minister responsible for the Parks Canada Agency; orcontrary to one of the following guidelines that is published by the Parks Canada Agency and that applies to that land:the Marmot Basin Ski Area Site Guidelines for Development and Use dated February 2008,the Mt. Norquay Ski Area Site Guidelines for Development and Use dated July 2011,the Lake Louise Ski Area Site Guidelines for Development and Use dated July 2015,the Site Guidelines for Development and Use, Sunshine Village Ski Resort dated December 14, 2018.
The construction, operation, decommissioning and abandonment, in a national park, of a new dam or structure for the diversion of water for the purpose of supplying water outside the park, of recreation or of electrical power generation.
The construction, operation, decommissioning and abandonment, in a national park, of a structure that is required to implement a new agreement made under paragraph 10(2)(b) of the Canada National Parks Act.
The expansion, in a national park, of the water supply capacity of a structure that was constructed to implement an agreement made under paragraph 10(2)(b) of the Canada National Parks Act by more than 20%.
The construction, operation, decommissioning and abandonment, in Yoho National Park of Canada, Kootenay National Park of Canada, Banff National Park of Canada or Jasper National Park of Canada, outside of a commercial ski area referred to in Schedule 5 to the Canada National Parks Act and of a park community, of a new commercial development that requires the disposal or occupation of land that was not previously disposed of for the purpose of a commercial development with the same or a similar purpose or occupied by such a commercial development, if that new commercial development has not been subject to strategic environmental assessment and public review as part of the park management plan tabled in each House of Parliament under subsection 11(1) of the Canada National Parks Act.
The expansion, in Yoho National Park of Canada, Kootenay National Park of Canada, Banff National Park of Canada or Jasper National Park of Canada, outside of a commercial ski area referred to in Schedule 5 to the Canada National Parks Act and of a park community, of an existing commercial development that requires the disposal or occupation of land that was not previously disposed of for the purpose of a commercial development with the same or a similar purpose or occupied by such a commercial development, if that existing commercial development has not been subject to strategic environmental assessment and public review as part of a park management plan tabled in each House of Parliament under subsection 11(1) of the Canada National Parks Act.
The construction, operation, decommissioning and abandonment, in a national park, of either of the following:a new railway line;a new public road or parkway that is intended for the passage of motor vehicles.
Defence
The low-level flying of military fixed-wing jet aircraft, for more than 150 days in a calendar year, as part of a training program, at an altitude below 330 m above ground level on a route or in an area that was not established before October 7, 1994 by or under the authority of the Minister of National Defence or the Chief of the Defence Staff as a route or area set aside for low-level flying training.
The construction and operation of a new military base or military station that is established for more than 12 consecutive months.
The expansion of an existing military base or military station, if the expansion would result in an increase in the area of the military base or military station of 50% or more.
The decommissioning and abandonment of an existing military base or military station.
The construction, operation, decommissioning and abandonment, outside an existing military base, of a new military training area, range or test establishment for training or weapons testing that is established for more than 12 consecutive months.
The testing of military weapons for more than five days in a calendar year in an area other than a training area, range or test establishment established before October 7, 1994 by or under the authority of the Minister of National Defence for the testing of weapons.
Mines and Metal Mills
The construction, operation, decommissioning and abandonment of one of the following:a new coal mine with a coal production capacity of 5 000 t/day or more;a new diamond mine with an ore production capacity of 5 000 t/day or more;a new metal mine, other than a rare earth element mine, placer mine or uranium mine, with an ore production capacity of 5 000 t/day or more;a new metal mill, other than a uranium mill, with an ore input capacity of 5 000 t/day or more;a new rare earth element mine with an ore production capacity of 2 500 t/day or more;a new stone quarry or sand or gravel pit with a production capacity of 3 500 000 t/year or more.
The expansion of an existing mine, mill, quarry or sand or gravel pit in one of the following circumstances:in the case of an existing coal mine, if the expansion would result in an increase in the area of mining operations of 50% or more and the total coal production capacity would be 5 000 t/day or more after the expansion;in the case of an existing diamond mine if the expansion would result in an increase in the area of mining operations of 50% or more and the total ore production capacity would be 5 000 t/day or more after the expansion;in the case of an existing metal mine, other than a rare earth element mine, placer mine or uranium mine, if the expansion would result in an increase in the area of mining operations of 50% or more and the total ore production capacity would be 5 000 t/day or more after the expansion;in the case of an existing metal mill, other than a uranium mill, if the expansion would result in an increase in the area of mining operations of 50% or more and the total ore input capacity would be 5 000 t/day or more after the expansion;in the case of an existing rare earth element mine if the expansion would result in an increase in the area of mining operations of 50% or more and the total ore production capacity would be 2 500 t/day or more after the expansion;in the case of an existing stone quarry or sand or gravel pit if the expansion would result in an increase in the area of mining operations of 50% or more and the total production capacity would be 3 500 000 t/year or more after the expansion.
The construction, operation and decommissioning, outside the licensed boundaries of an existing uranium mine, of a new uranium mine with an ore production capacity of 2 500 t/day or more.
The expansion of an existing uranium mine, if the expansion would result in an increase in the area of mining operations of 50% or more and the total ore production capacity would be 2500 t/day or more after the expansion.
The construction, operation and decommissioning, outside the licensed boundaries of an existing uranium mill, of a new uranium mill with an ore input capacity of 2 500 t/day or more.
The expansion of an existing uranium mill, if the expansion would result in an increase in the area of mining operations of 50% or more and the total ore input capacity would be 2 500 t/day or more after the expansion.
The construction, operation, decommissioning and abandonment of a new oil sands mine with a bitumen production capacity of 10 000 m3/day or more.
The expansion of an existing oil sands mine, if the expansion would result in an increase in the area of mining operations of 50% or more and the total bitumen production capacity would be 10 000 m3/day or more after the expansion.
Nuclear Facilities, Including Certain Storage and Long-term Management or Disposal Facilities
The construction, operation and decommissioning of one of the following:a new facility for the processing, reprocessing or separation of isotopes of uranium, thorium, or plutonium, with a production capacity of 100 t/year or more;a new facility for the manufacture of a product derived from uranium, thorium or plutonium, with a production capacity of 100 t/year or more;a new facility for the processing or use, in a quantity greater than 1015 Bq per calendar year, of nuclear substances with a half-life greater than one year, other than uranium, thorium or plutonium.
The site preparation for, and the construction, operation and decommissioning of, one or more new nuclear fission or fusion reactors ifthat activity is located within the licensed boundaries of an existing Class IA nuclear facility and the new reactors have a combined thermal capacity of more than 900 MWth; orthat activity is not located within the licensed boundaries of an existing Class IA nuclear facility and the new reactors have a combined thermal capacity of more than 200 MWth.
The construction and operation of either of the following:a new facility for the storage of irradiated nuclear fuel or nuclear waste, outside the licensed boundaries of an existing nuclear facility, as defined in section 2 of the Nuclear Safety and Control Act, other than a facility for the on-site storage of irradiated nuclear fuel or nuclear waste associated with one or more new fission or fusion reactors that have a combined thermal capacity of less than 200 MWth;a new facility for the long-term management or disposal of irradiated nuclear fuel or nuclear waste.
The expansion of an existing facility for the long-term management or disposal of irradiated nuclear fuel or nuclear waste, if the expansion would result in an increase in the area of the facility, at ground level, of 50% or more.
Oil, Gas and Other Fossil Fuels
The construction, operation, decommissioning and abandonment of a new fossil fuel-fired power generating facility with a production capacity of 200 MW or more.
The expansion of an existing fossil fuel-fired power generating facility, if the expansion would result in an increase in production capacity of 50% or more and a total production capacity of 200 MW or more.
The construction, operation, decommissioning and abandonment of a new in situ oil sands extraction facility that has a bitumen production capacity of 2 000 m3/day or more and that isnot within a province in which provincial legislation is in force to limit the amount of greenhouse gas emissions produced by oil sands sites in the province; orwithin a province in which provincial legislation is in force to limit the amount of greenhouse gas emissions produced by oil sands sites in the province and that limit has been reached.
The expansion of an existing in situ oil sands extraction facility, if the expansion would result in an increase in bitumen production capacity of 50% or more and a total bitumen production capacity of 2 000 m3/day or more, if the facility isnot within a province in which provincial legislation is in force to limit the amount of greenhouse gas emissions produced by oil sands sites in the province; orwithin a province in which provincial legislation is in force to limit the amount of greenhouse gas emissions produced by oil sands sites in the province and that limit has been reached.
The drilling, testing and abandonment, in an area set out in one or more exploration licences issued in accordance with the Canada Petroleum Resources Act, the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, of offshore exploratory wells in the first drilling program, as defined in subsection 1(1) of the Canada Oil and Gas Drilling and Production Regulations, SOR/2009-315.
The construction, installation and operation of a new offshore floating or fixed platform, vessel or artificial island used for the production of oil or gas.
The decommissioning and abandonment of an existing offshore floating or fixed platform, vessel or artificial island used for the production of oil or gas that is proposed to be disposed of or abandoned offshore or converted on site to another role.
The construction, operation, decommissioning and abandonment of one of the following:a new oil refinery, including a heavy oil upgrader, with an input capacity of 10 000 m3/day or more;a new facility for the production of liquid petroleum products from coal with a production capacity of 2 000 m3/day or more;a new sour gas processing facility with a sulphur inlet capacity of 2 000 t/day or more;a new facility for the liquefaction, storage or regasification of liquefied natural gas, with a liquefied natural gas processing capacity of 3 000 t/day or more or a liquefied natural gas storage capacity of 136 000 m3 or more;a new petroleum storage facility with a storage capacity of 500 000 m3 or more;a new natural gas liquids storage facility with a storage capacity of 100 000 m3 or more.
The expansion of one of the following:an existing oil refinery, including a heavy oil upgrader, if the expansion would result in an increase in input capacity of 50% or more and a total input capacity of 10 000 m3/day or more;an existing facility for the production of liquid petroleum products from coal, if the expansion would result in an increase in production capacity of 50% or more and a total production capacity of 2 000 m3/day or more;an existing sour gas processing facility, if the expansion would result in an increase in sulphur inlet capacity of 50% or more and a total sulphur inlet capacity of 2 000 t/day or more;an existing facility for the liquefaction, storage or regasification of liquefied natural gas, if the expansion would result in an increase in the liquefied natural gas processing or storage capacity of 50% or more and a total liquefied natural gas processing capacity of 3 000 t/day or more or a total liquefied natural gas storage capacity of 136 000 m3 or more, as the case may be;an existing petroleum storage facility, if the expansion would result in an increase in storage capacity of 50% or more and a total storage capacity of 500 000 m3 or more;an existing natural gas liquids storage facility, if the expansion would result in an increase in storage capacity of 50% or more and a total storage capacity of 100 000 m3 or more.
Electrical Transmission Lines and Pipelines
The construction, operation, decommissioning and abandonment of either of the following:a new international electrical transmission line with a voltage of 345 kV or more that requires a total of 75 km or more of new right of way;a new interprovincial power line designated by an order under section 261 of the Canadian Energy Regulator Act.
The construction, operation, decommissioning and abandonment of a new offshore oil and gas pipeline, other than a flowline as defined in subsection 2(1) of the Canada Oil and Gas Installations Regulations.
The construction, operation, decommissioning and abandonment of a new pipeline, as defined in section 2 of the Canadian Energy Regulator Act, other than an offshore pipeline, that requires a total of 75 km or more of new right of way.
Renewable Energy
The construction, operation, decommissioning and abandonment of one of the following:a new hydroelectric generating facility with a production capacity of 200 MW or more;a new in-stream tidal power generating facility with a production capacity of 15 MW or more;a new tidal power generating facility that is not an in-stream tidal power generating facility.
The expansion of one of the following:an existing hydroelectric generating facility if the expansion would result in an increase in production capacity of 50% or more and a total production capacity of 200 MW or more;an existing in-stream tidal power generating facility, if the expansion would result in an increase in production capacity of 50% or more and a total production capacity of 15 MW or more;an existing tidal power generating facility that is not an in-stream tidal power generating facility, if the expansion would result in an increase in production capacity of 50% or more.
The construction, operation, decommissioning and abandonment in an offshore area or in boundary water of a new wind power generating facility that has 10 or more wind turbines.
The expansion in an offshore area or in boundary water of an existing wind power generating facility, if the expansion would result in an increase in production capacity of 50% or more and a total number of wind turbines of 10 or more.
Transport
The construction, operation, decommissioning and abandonment of one of the following:a new aerodrome with a runway length of 1 000 m or more;a new aerodrome that is capable of serving aircraft of Aircraft Group Number IIIA or higher;a new runway at an existing aerodrome with a length of 1 000 m or more.
The operation of an existing runwaythat was not capable of serving aircraft of Aircraft Group Number IIIA and becomes capable of serving aircraft of Aircraft Group Number IIIA or higher; orthat was capable of serving aircraft of an Aircraft Group Number IIIA or higher and becomes capable of serving aircraft of any higher Aircraft Group Number.
The construction, operation, decommissioning and abandonment of either of the following:a new international or interprovincial bridge or tunnel;a new bridge over the St. Lawrence Seaway.
The construction, operation, decommissioning and abandonment of either of the following:a new canal;a new lock or associated structure that controls water levels in navigable water.
The construction, operation, decommissioning and abandonment of a new permanent causeway with a continuous length of 400 m or more through navigable water.
The construction, operation, decommissioning and abandonment of a new all-season public highway that requires a total of 75 km or more of new right of way.
The construction, operation, decommissioning and abandonment of a new marine terminal designed to handle ships larger than 25 000 DWT.
The expansion of an existing marine terminal, if the expansion requires the construction of a new berth designed to handle ships larger than 25 000 DWT and, if the berth is not a permanent structure in the water, the construction of a new permanent structure in the water.
The construction, operation, decommissioning and abandonment of either of the following:a new railway line that is capable of carrying freight or of carrying passengers between cities and requires a total of 50 km or more of new right of way;a new railway yard with a total area of 50 ha or more.
The expansion of an existing railway yard, if the expansion would result in an increase of its total area by 50% or more and a total area of 50 ha or more.
Hazardous Waste
The construction, operation, decommissioning and abandonment of a new facility that is not more than 500 m from a natural water body and is used exclusively for the treatment, incineration, disposal or recycling of hazardous waste.
The expansion of an existing facility that is not more than 500 m from a natural water body and is used exclusively for the treatment, incineration, disposal or recycling of hazardous waste, if the expansion would result in an increase in hazardous waste input capacity of 50% or more.
Water Projects
The construction, operation, decommissioning and abandonment of a new dam or dyke on a natural water body, if the new dam or dyke would result in the creation of a reservoir with a surface area that would exceed the annual mean surface area of the natural water body by 1 500 ha or more.
The expansion of an existing dam or dyke on a natural water body, if the expansion would result in an increase in the surface area of the existing reservoir of 50% or more and an increase of 1 500 ha or more in the annual mean surface area of that reservoir.
The construction, operation, decommissioning and abandonment of a new structure for the diversion of 10 000 000 m3/year or more of water from a natural water body into another natural water body.
The expansion of an existing structure for the diversion of water from a natural water body into another natural water body, if the expansion would result in an increase in diversion capacity of 50% or more and a total diversion capacity of 10 000 000 m3/year or more.
SOR/2023-60, s. 1(F)RELATED PROVISIONS — 2024, c. 17, s. 316
Physical Activities RegulationsThe Physical Activities Regulations, as published in the Canada Gazette, Part II, on August 21, 2019 but with the amendments set out in section 93 of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, as published in the Canada Gazette, Part II, on March 17, 2021, and section 1 of the Regulations Amending and Repealing Certain Department of the Environment Regulations (Miscellaneous Program), as published in the Canada Gazette, Part II, on April 12, 2023, are deemedto be made by the Governor in Council, under sections 109 and 188 of the amended Act, on the commencement day;to be registered as SOR/2019-285;to designate physical activities, or classes of physical activities, the carrying out of which may, in the Governor in Council’s opinion, cause adverse effects within federal jurisdiction or direct or incidental adverse effects; anddespite section 5 of the Physical Activities Regulations, as so published, to come into force on the commencement day.
SOR/2023-602023-03-27SOR/2021-252021-10-31