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

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

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

• Return to footnote ^aS.C. 2019, c. 28, s. 1

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

Gatineau, August 30, 2019

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

Interpretation

Marginal note:Definitions

1 The following definitions apply in this Order.

Act

Act means the Impact Assessment Act. (Loi)

allied petroleum product

allied petroleum product has the same meaning as in section 1 of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. (produit apparenté)

boathouse

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

building

building means a roofed physical work. (bâtiment)

developed land

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

expansion

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

historic canal

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

hook-up

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

management plan

management plan means, in respect of a national park, the management plan for that land that is tabled in each House of Parliament under subsection 32(1) of the Parks Canada Agency Act, subsection 11(1) of the Canada National Parks Act or subsection 9(1) of the Rouge National Urban Park Act. (plan directeur)

modification

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

national historic site

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

national marine conservation area

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

national park

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

petroleum product

petroleum product has the same meaning as in section 1 of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. (produit pétrolier)

water body

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

wetland

wetland means an estuary, tidal flat, marsh, swamp, bog, fen or other land where the presence of water has caused the formation of hydric soils and favoured the dominance of hydrophytic or water-tolerant plants. (terres humides)

Designated Classes of Projects

Marginal note:Federal lands or outside of Canada

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

Marginal note:Lands administered by Parks Canada Agency

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

Marginal note:Excluded Projects

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

• (a) that cause a change to

  • (i) any characteristic of a water body,

  • (ii) migratory birds or nests, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994,

  • (iii) wildlife species, as defined in subsection 2(1) of the Species at Risk Act that are listed in Schedule 1 of that Act, or

  • (iv) residences or critical habitats, as defined in subsection 2(1) of the Species at Risk Act, of wildlife species referred to in subparagraph (iii);

• (b) that involve an activity referred to in subsection 5(1) of the Canadian Navigable Waters Act, subsection 35(1) or 36(3) of the Fisheries Act, subsection 3(1) of the Wildlife Area Regulations or subsection 2(1) of the Scott Islands Protected Marine Area Regulations;

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

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

Coming into Force

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

Footnote ^*5 This Order comes into force on the day on which section 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, chapter 28 of the Statutes of Canada, 2019 comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.

• Return to footnote ^*[Note: Order in force August 30, 2019.]