Order Designating Certain Excluded Classes of Projects (SOR/2025-60)

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 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 makes the annexed Order Designating Certain Excluded Classes of Projects under subsection 88(1) of the Impact Assessment ActFootnote ^a.

Ottawa, February 27, 2025

Le ministre de l’Environnement, Steven Guilbeault 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)

building

building means a roofed physical work and includes a moveable accommodation. (bâtiment)

developed

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

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

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)

modification

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

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, 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

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)

Marginal note:Interpretation

2 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

Marginal note:Federal lands or lands outside of Canada

• 3 (1) 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.

• Marginal note:Lands administered by Parks Canada Agency

  (2) 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.

• Marginal note:Wildlife Area Regulations

  (3) 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.

Marginal note:Exceptions

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

• (a) cause a change to

  • (i) the water level of a water body,

  • (ii) the alignment of a watercourse,

  • (iii) any characteristic of a wetland,

  • (iv) 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;

• (b) 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;

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

• (d) 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;

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

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

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

Transitional Provision

Marginal note:Transitional provision

5 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

6 The Designated Classes of Projects OrderFootnote ¹ is repealed.

• Return to footnote ¹SOR/2019-323

Coming into Force

Marginal note:Registration

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