Assessable Activities, Exceptions and Executive Committee Projects Regulations
SOR/2005-379
YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT ACT
Registration 2005-11-28
Assessable Activities, Exceptions and Executive Committee Projects Regulations
P.C. 2005-2199 2005-11-28
Whereas the Minister of Indian Affairs and Northern Development has consulted with the member of the Executive Council of Yukon designated by the Commissioner of Yukon as the territorial minister for the purposes of the Yukon Environmental and Socio-economic Assessment ActFootnote a and with the first nations, within the meaning of that Act;
Return to footnote aS.C. 2003, c. 7
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 47(1) and paragraph 122(c) of the Yukon Environmental and Socio-economic Assessment ActFootnote a, hereby makes the annexed Assessable Activities, Exceptions and Executive Committee Projects Regulations.
Interpretation
1 (1) The following definitions apply in these Regulations.
- aboveground storage tank system
aboveground storage tank system means a storage tank system in which each container has more than 90% of its volume above surface grade and the system operates at atmospheric pressure plus or minus 10 kPa. (système de réservoirs de stockage hors terre)
- Act
Act means the Yukon Environmental and Socio-economic Assessment Act. (Loi)
- aerodrome
aerodrome means any area of land, any water body or any other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any associated structure, facility or installation. (aérodrome)
- airport
airport means an aerodrome in respect of which a certificate issued under Subpart 2 of Part III of the Canadian Aviation Regulations is in force. (aéroport)
- Class II nuclear facility
Class II nuclear facility has the same meaning as in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations. (installation nucléaire de catégorie II)
- Class II prescribed equipment
Class II prescribed equipment has the same meaning as in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations. (équipement réglementé de catégorie II)
- community undertaking
community undertaking means an undertaking that is located
(a) in a municipality or settlement and that uses only a municipal water and sewage system; or
(b) in a camp or lodge. (entreprise communautaire)
- contaminant
contaminant means a contaminant mentioned in Schedule 1 or 3, or a substance for which a table has been set out in Schedule 2, to the Contaminated Sites Regulations, Yukon O.I.C. 2002/171. (polluant)
- contaminated site
contaminated site means an area of land in which the soil, including any groundwater lying beneath it, or the water, including the sediment and bed below it, contains a contaminant the amount, concentration or level of which is equal to or greater than that prescribed by the Contaminated Sites Regulations, Yukon O.I.C. 2002/171. (site pollué)
- control product
control product means any product, device, organism, substance or thing that is manufactured, represented, sold or used as a means for directly or indirectly controlling, preventing, destroying, mitigating, attracting or repelling any injurious, noxious or troublesome animal, plant or other organism, including any injurious, noxious or troublesome organic function of an animal, plant or other organism, and includes
(a) any compound or substance that enhances or modifies or is intended to enhance or modify the physical or chemical characteristics of a control product to which it is added; and
(b) any active ingredient used for the manufacture of a control product. (produit antiparasitaire)
- corridor
corridor means a path from which trees and brush have been cut to accommodate a water line, fuel line or power line. (corridor)
- Crown land
Crown land means land vested in Her Majesty in right of Canada, whether the administration and control of the land is appropriated to the Commissioner of Yukon or not. (terre domaniale)
- effective dose
effective dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose efficace)
- endangered species
endangered species means those species listed in Part 2 of Schedule 1 to the Species at Risk Act. (espèce en voie de disparition)
- exemption quantity
exemption quantity has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (quantité d’exemption)
- explosive
explosive means any thing that is made, manufactured or used to produce an explosion, a detonation or a pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations under the Explosives Act, but does not include gases, organic peroxides and any thing prescribed not to be an explosive by those regulations. (explosif)
- fish
fish includes shellfish, crustaceans, marine animals and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals. (poissons)
- fish habitat
fish habitat means spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes. (habitat du poisson)
- food or beverage processing facility
food or beverage processing facility means a facility established for the processing of food or beverages for commercial purposes and includes
(a) an alcohol distilling plant,
(b) a brewery,
(c) a facility for
(i) beverage production,
(ii) the bottling or canning of food,
(iii) meat or meat products processing,
(iv) poultry or poultry products processing,
(v) fish or seafood processing,
(vi) milk processing, or
(vii) the manufacturing of pet, stock or aquaculture food,
(d) a rendering operation, and
(e) smoking, drying or curing works,
but does not include a facility, such as a restaurant or bar, whose primary purpose is to prepare and serve food or beverages. (établissement de transformation d’aliments ou de fabrication de boissons)
- foundation
foundation means the part of a structure that penetrates the ground and supports the structure. (fondation)
- Indian reserve
Indian reserve has the same meaning as reserve in subsection 2(1) of the Indian Act. (réserve indienne)
- industrial development
industrial development includes
(a) mining and the development of an energy resource or of agricultural land;
(b) for commercial purposes, cutting standing or fallen trees or removing fallen or cut trees;
(c) the development of a townsite; and
(d) any land use or the construction, operation, modification, decommissioning or abandonment of a structure, facility or installation associated with any activity referred to in paragraphs (a) to (c). (développement industriel)
- irradiator
irradiator has the same meaning as in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations. (irradiateur)
- land treatment facility
land treatment facility means a facility designed and operated for the purpose of removing, destroying or containing a contaminant found in soil, sediment, snow or other similar material, or for the purpose of carrying out any other activity intended to reduce the exposure of human beings, animals and plants to the contaminant. (installation de traitement des sols)
- local advisory area
local advisory area has the same meaning as in section 1 of the Municipal Act, R.S.Y. 2002, c. 154. (collectivité locale)
- mapped community
mapped community means a community in respect of which the boundaries are, for the purpose of this definition, shown on a map deposited with the Board by the territorial minister or the Regional Director General, Yukon Region of the Department of Indian Affairs and Northern Development, on November 28, 2005. (collectivité désignée)
- migratory birds
migratory birds has the same meaning as in the Convention set out in the schedule to the Migratory Birds Convention Act, 1994, as that Convention is amended from time to time. (oiseaux migrateurs)
- municipality
municipality means any part of Yukon established as a city or town under the Municipal Act, R.S.Y. 2002, c. 154, and any municipality continued under that Act. (municipalité)
- national historic site
national historic site means a place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency. (lieu historique national)
- national park
national park means a national park of Canada named and described in Part 11 of Schedule 1 to the Canada National Parks Act. (parc national)
- national park reserve
national park reserve means a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act that is in Yukon. (réserve foncière)
- natural gas
natural gas includes all substances that are produced in association with natural gas, including solution gas, and any substance designated as a gas product by regulations made under section 130 of the National Energy Board Act. (gaz naturel)
- natural gas processing plant
natural gas processing plant does not include a well-head separator, treater or dehydrator. (usine de traitement de gaz naturel)
- nuclear facility
nuclear facility has the same meaning as in section 2 of the Nuclear Safety and Control Act. (installation nucléaire)
- nuclear substance
nuclear substance has the same meaning as in section 2 of the Nuclear Safety and Control Act. (substance nucléaire)
- oil
oil or petroleum, means
(a) crude petroleum, regardless of gravity, produced at a well-head in liquid form; and
(b) any other hydrocarbons, except coal and natural gas, including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand, oil shale and other types of deposits. (pétrole)
- oil or natural gas field facility
oil or natural gas field facility means a battery, a satellite, a pumping station, a compressor station, a well-head separator, treater or dehydrator, a natural gas injection station, a line heater, an oilfield waste storage, treatment, processing or disposal facility, a liquefied natural gas handling facility, a water injection, storage, treatment or disposal station, a truck terminal, a power generating station, a flare system or any system of vessels and equipment designed to accommodate the production, injection, storage, treatment or disposal of well effluent products and by-products. (installation de champ de pétrole ou de gaz naturel)
- oil or natural gas pipeline
oil or natural gas pipeline means a pipeline that is used, or is intended to be used, for the transmission of oil or natural gas alone or with any other commodity, and includes all property used in connection with or incidental to the operation of the pipeline. (pipeline d’hydrocarbures)
- oil or natural gas pipeline component
oil or natural gas pipeline component means
(a) a connection;
(b) piping;
(c) a cathodic protection system, including a rectifier;
(d) a valve, including a valve vault and pressure transmitter;
(e) a compressor and pump station component, including a compressor, pump, motor, silencer, scrubber, natural gas seal, system boiler, scraper trap, switch gear, transformer and uninterruptible power supply;
(f) a storage tank component, including a mixer and ladder;
(g) a metering and regulating facility;
(h) a quality measurement system, including an analyzer for water or basic sediments, a densitometer, calorimeter, in-line viscometer, gas chromatograph and automatic/composite sampler; or
(i) a mechanical or electrical system of a facility, including a plumbing, air conditioning, heating or ventilation system not involving the use or disposal of chlorofluorocarbons. (composant d’un pipeline d’hydrocarbures)
- paper product
paper product includes paper, coated paper, paperboard, hardboard, boxboard, linerboard, insulating board, building board, corrugating medium, tissue, molded cellulose product and any other product directly derived from pulp, but does not include viscose, rayon, cellophane and any other cellulose derivative. (produit de papier)
- petroleum product
petroleum product has the same meaning as in section 1 of the Storage Tank Regulations, Yukon O.I.C. 1996/194. (produit pétrolier)
- placer grant
placer grant means a parcel of land described in a grant by a federal agency, the Governor in Council or a territorial agency for the exclusive right to conduct placer mining or, in the case of category A settlement land, by a first nation for the right to conduct placer mining. (concession de placer)
- placer mining
placer mining means prospecting for or mining gold or other precious minerals found within any natural stratum or bed of earth, gravel or cement. (exploitation d’un placer)
- placer mining operation
placer mining operation means placer mining, and any other activity in relation to placer mining, undertaken by the same operator on either a placer grant that is not part of a group of claims referred to in a grouping certificate within the meaning of the Placer Mining Act, S.Y. 2003, c. 13, or on any placer grant in the same group if the grants are part of a group of claims referred to in a grouping certificate within the meaning of that Act. (programme d’exploitation d’un placer)
- polluting substance
polluting substance means a substance that, if added to a water body, is likely to degrade or alter or form part of a process of degradation or alteration of the physical, chemical or biological conditions of the water body to an extent that is detrimental to its use by human beings, animals or plants. (substance polluante dans un plan d’eau)
- power line
power line means facilities constructed or operated for the purpose of transmitting electricity and includes electrical transmission lines, distribution lines, switching stations and transformers. (ligne d’énergie électrique)
- public road
public road means a public road within a municipality and a public road outside of a municipality that the Minister responsible for the Highways Act, R.S.Y. 2002, c. 108, has a duty to maintain. (route publique)
- pulp
pulp means processed cellulose fibres that are derived from wood, other plant material or recycled paper products. (pâte)
- quartz exploration program
quartz exploration program means exploration for the purpose of quartz mining, and those activities conducted in relation to the exploration, undertaken within a 12-month period by the same operator on one or more quartz grants within an area circumscribed by a circle with a diameter of 20 km. (programme d’exploration du quartz)
- quartz grant
quartz grant means a parcel of land described in a grant by a federal agency, the Governor in Council or a territorial agency for the exclusive right to conduct quartz mining or exploration for the purpose of quartz mining or, in the case of category A settlement land, by a first nation for the right to conduct quartz mining or exploration for the purpose of quartz mining. (concession de quartz)
- quartz mining
quartz mining means the mining of minerals contained within a vein, lode or rock in place, other than coal, oil, natural gas, limestone, marble, gypsum, shale, slate, clay, sand, gravel, construction stone, volcanic ash, earth, marl or peat. (exploitation du quartz)
- radiation device
radiation device has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (appareil à rayonnement)
- railway line
railway line includes any structure that supports or protects a line of railway or provides drainage for it, a system of switches, signals or other like devices and that facilitates railway operations, or any other structure built across, beside, under or over a line of railway that facilitates railway operations, but does not include a utility crossing or a road crossing. (ligne de chemin de fer)
- road crossing
road crossing means the part of a road that passes across, over or under a railway track, and includes a structure supporting or protecting that part of the road or facilitating the crossing. (franchissement routier)
- sealed source
sealed source has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (source scellée)
- solid waste
solid waste does not include special waste, untreated forest debris and untreated wood products that are not mixed with other materials. (déchets solides)
- solid waste disposal facility
solid waste disposal facility means a site designed for the handling or disposal by the public of solid waste and includes any machinery, equipment, devices, tanks or other installations used on the site for that purpose and any land, transfer stations or buildings associated with the handling or disposal of solid waste on the site. (installation d’élimination des déchets solides)
- special waste
special waste has the same meaning as in section 1 of the Special Waste Regulations, Yukon O.I.C. 1995/047. (déchets spéciaux)
- storage tank system
storage tank system means one or more closed containers with a capacity of more than 230 L each that are designed to be installed in a fixed location and includes all connections, piping, pumps, dispensers, diking, overfill protection equipment and associated spill containment and collection apparatus. (système de réservoirs de stockage)
- subcritical nuclear assembly
subcritical nuclear assembly means an assembly of fissile material, moderators and reflectors that is not designed to achieve a self-sustaining nuclear chain reaction. (assemblage nucléaire non divergent)
- temporary trail
temporary trail means a trail that is established or used as part of a quartz exploration program and that is required under a territorial or first nation law to be reclaimed and for which access is required, under that law, to be blocked at the end of the program. (sentier temporaire)
- threatened species
threatened species means those species listed in Part 3 of Schedule 1 to the Species at Risk Act. (espèce menacée)
- trenching
trenching means excavation of a trench that extends below the vegetative mat. (creusement de tranchées)
- unsealed source
unsealed source has the same meaning as in section 1 of the Nuclear Substances and Radiation Devices Regulations. (source non scellée)
- utility crossing
utility crossing means the part of a line of wire, cable or pipeline, or other like means of enabling the transmission of goods or energy or the provision of services, that passes over or under a railway track, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing. (franchissement par desserte)
- vegetative mat
vegetative mat means the organic surface of soil, characterized by the accumulation of organic matter, or partly decomposed organic matter, derived mainly from leaves, twigs and woody materials, and includes the root mass of living vegetation. (couvert végétal)
- waste
waste, for the purposes of Part 9 of Schedule 1 and section 49 of Schedule 3, means
(a) any substance that, if added to water, would degrade or alter, or form part of a process of degradation or alteration of, the quality of the water to an extent that is detrimental to its use by human beings, animals or plants; or
(b) water that contains a substance in a quantity or concentration, or that has been treated, processed or changed by heat or other means, such that if added to other water, would degrade or alter, or form part of a process of degradation or alteration of, the quality of that other water to the extent described in paragraph (a). (déchet)
- waste oil
waste oil means oil that has become unsuitable for its intended purpose owing to the presence of impurities or the loss of original properties, and includes oil used as lubrication oil, hydraulic fluid, metal-working fluid, insulating fluid or coolant fluid. (huile usée)
- water body
water body means an inland water body, up to its ordinary high-water mark, in a liquid or frozen state, including a swamp, marsh, bog, fen, reservoir and any other land that is covered by water during at least three consecutive months of the year, but does not include a sewage or waste treatment lagoon, a dugout to hold water for livestock and a mine tailings pond. (plan d’eau)
- watercourse
watercourse means a natural watercourse, water body or water supply, including one that contains water intermittently, and includes groundwater, springs, swamps and gulches. (cours d’eau)
- wildlife
wildlife means a vertebrate animal of any species or type that is wild by nature, and includes wildlife in captivity, but does not include fish nor does it include a species of animal prescribed not to be wildlife by a regulation made under the Wildlife Act, R.S.Y. 2002, c. 229. (animal sauvage)
- wildlife area
wildlife area means an area of land set out in Part X of Schedule I to the Wildlife Area Regulations. (réserve d’espèces sauvages)
- winter
winter means the period of the year during which the ground is frozen sufficiently to support a vehicle that applies more than 35 kPa of pressure to the ground without rutting or gouging of the surface and during which there is a sufficient amount of snow on the ground to produce a packed base of at least 10 cm. (hiver)
(2) For the purposes of Part 13 of Schedule 1, none of the activities listed in that Part, other than those described in items 14, 19, 28 and 29, include those that are part of a quartz exploration program or a placer mining operation.
(3) A reference in these Regulations to an Act or Regulation of Yukon is a reference to that Act or Regulation as amended from time to time.
Activities and Exceptions
2 For the purpose of subsection 47(1) of the Act, activities that may, subject to section 3, be made subject to assessment are listed in column 1 of Parts 1 to 13 of Schedule 1.
3 Exceptions to activities referred to in section 2 are set out in
(a) column 2 of Parts 1 to 13 of Schedule 1;
(b) Part 1 of Schedule 2 if the activity is conducted in an area other than a national park, national park reserve and national historic site; and
(c) Part 2 of Schedule 2 if the activity is conducted in a national park, national park reserve or national historic site.
4 (1) A proposed activity of a proponent is an activity listed in column 1 of an item of Schedule 1 if the proposed activity is mentioned or included, in whole or in part, in column 1 of that item.
(2) The proposed activity is excepted from assessment if, for column 1 of each item of Schedule 1 in which the activity is listed in whole or in part, an exception applicable to that activity, or to that part, is set out in column 2 of the respective item, or in Schedule 2.
Projects to Be Submitted to the Executive Committee
5 Projects for which proposals are to be submitted to the executive committee under paragraph 50(1)(a) of the Act are specified in Schedule 3.
Coming into Force
6 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Sections 1 and 2, paragraph 3(a) and section 4)Activities and Specific Exceptions
PART 1
Mining
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | On other than an Indian reserve, exploration for the purpose of quartz mining, or other activity in relation to exploration for the purpose of quartz mining, on a quartz grant | On other than an Indian reserve, a quartz exploration program if the activities do not take place under, or within 40 m of, an oil or natural gas pipeline, and do not involve any of the following activities:
|
| 2 | On other than an Indian reserve, placer mining, or other activity in relation to placer mining, on a placer grant | On other than an Indian reserve, a placer mining operation if the activities do not take place under, or within 40 m of, an oil or natural gas pipeline, and do not involve any of the following activities:
|
| 3 | On other than an Indian reserve, construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a mine — other than a coal or placer mine — but not including exploration for the purpose of quartz mining or other activity in relation to exploration for the purpose of quartz mining | |
| 4 | On an Indian reserve, exploration for or mining of, or other activity in relation to the exploration for or mining of, minerals, other than oil, natural gas or specified substances | |
| 5 | On other than an Indian reserve, exploration for coal, or other activity in relation to exploration for coal, or the construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a coal mine | On other than an Indian reserve, exploration for coal, or other activity in relation to exploration for coal, or the construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a coal mine, if the activities do not take place under, or within 40 m of, an oil or natural gas pipeline and do not involve any of the following activities:
|
PART 2
Industrial Activities
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a pulp mill or pulp and paper product mill | |
| 2 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to,
| |
| 3 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a sawmill or a facility for the production of wood chips | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to,
|
| 4 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, an abattoir or a food or beverage processing facility | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a food or beverage processing facility if the facility is, and in the case of a modification remains, producing less than 800 m3/day of wastewater |
| 5 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a metal mill |
PART 3
Oil and Natural Gas
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | On other than an Indian reserve, exploration for oil or natural gas, or other activity in relation to exploration for oil or natural gas |
|
| 2 | On other than an Indian reserve, drilling, operation, modification, decommissioning or abandonment of, or other activity in relation to, an oil or natural gas well or a seismic shot hole, but not including a hole drilled to obtain geological information | |
| 3 | On an Indian reserve, exploration for or production of, or other activity in relation to exploration for or production of, oil or natural gas | |
| 4 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a natural gas processing plant | |
| 5 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a plant for the liquefaction or storage of natural gas or re-gasification of liquefied natural gas | |
| 6 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, an oil or natural gas field facility | |
| 7 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, an oil or natural gas pipeline | |
| 8 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to,
|
PART 4
Energy and Telecommunications
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Construction, installation, operation, modification, decommissioning or abandonment of, or other activity in relation to, a power line or a telecommunications line | |
| 2 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to,
| Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a wind-powered electrical generating station if its production capacity is, and in the case of a modification remains, 50 kW or less |
PART 5
Wildlife
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Establishment, operation or expansion of a game farm within the meaning of the Game Farm Regulations, Yukon O.I.C. 1995/015 | Operation of a game farm if the operation is consistent with conditions set out in a licence issued for that farm, under the Game Farm Regulations, Yukon O.I.C. 1995/015, that is in effect on the day on which these Regulations come into force, whether or not the licence remains in effect |
| 2 | The introduction into Yukon, from outside Canada, for the purpose of sport, acclimatization or release from captivity, of a species of migratory bird not indigenous to Canada | |
| 3 | Collecting eiderdown | |
| 4 | Depositing oil, oil wastes or any other substance harmful to migratory birds in waters, or any area frequented by migratory birds, for scientific purposes | |
| 5 | For scientific or educational purposes, killing a migratory bird, taking a migratory bird or taking its nest or eggs | Capturing and banding a migratory bird for scientific or educational purposes |
| 6 | At an aerodrome, killing an endangered species of migratory bird if the bird is considered to be a danger to aircraft | |
| 7 | Other than in a national park, national park reserve and national historic site, taking, possessing or capturing and banding a non-migratory bird for scientific or educational purposes | Other than in a national park, national park reserve and national historic site, taking, possessing or capturing and banding a non-migratory bird for scientific or educational purposes as part of any program, plan or study approved by the member of the Executive Council of Yukon responsible for the environment or, in the case of a local population of a species of non-migratory bird that inhabits the settlement land of a first nation, approved by that first nation, on condition that before final approval by that member or the first nation, as the case may be, a version of the program, plan or study was reviewed in accordance with either a final agreement by the Fish and Wildlife Management Board or a Renewable Resources Council, or the Agreement, as defined in subsection 90(1) of the Act, by the Wildlife Management Advisory Council (North Slope) |
| 8 | Other than in a national park, national park reserve, national historic site and on Crown land administered by the Minister of National Defence, taking, possessing or capturing and releasing of wildlife, other than a bird, for scientific or educational purposes | Other than in a national park, national park reserve, national historic site and on Crown land administered by the Minister of National Defence, taking, possessing or capturing and releasing of wildlife, other than a bird, for scientific or educational purposes as part of any program, plan or study approved by the member of the Executive Council of Yukon responsible for the environment or, in the case of a local population of a species of wildlife that inhabits the settlement land of a first nation, approved by that first nation, on condition that before final approval by that member or the first nation, as the case may be, a version of the program, plan or study was reviewed in accordance with either a final agreement by the Fish and Wildlife Management Board or a Renewable Resources Council, or the Agreement, as defined in subsection 90(1) of the Act, by the Wildlife Management Advisory Council (North Slope) |
| 9 | On other than Crown land administered by the Minister of National Defence, culling from a population of a species of wildlife, or destroying an entire population of a species of wildlife, for the purpose of protecting or enhancing the population levels of another species of wildlife | On other than Crown land administered by the Minister of National Defence, culling from a population of a species of wildlife, or destroying an entire population of a species of wildlife, for the purpose of protecting or enhancing the population levels of another species of wildlife as part of any program, plan or study approved by the member of the Executive Council of Yukon responsible for the environment or, in the case of a local population of a species that inhabits the settlement land of a first nation, approved by that first nation, on condition that before final approval by that member or the first nation, as the case may be, a version of the program, plan or study was reviewed in accordance with either a final agreement by the Fish and Wildlife Management Board or a Renewable Resources Council, or the Agreement, as defined in subsection 90(1) of the Act, by the Wildlife Management Advisory Council (North Slope) |
| 10 | On Crown land administered by the Minister of National Defence, taking or destroying a plant, mammal, amphibian, reptile, bird, fish, insect or invertebrate, of a species that is wild by nature, in accordance with a management plan approved by that Minister | |
| 11 | In a wildlife area, construction, operation, modification, decommissioning or abandonment of
| |
| 12 | In a wildlife area, removing or damaging plants, carrying out an agricultural activity or removing or disturbing soil | |
| 13 | Importing wildlife from outside Canada that are to be introduced into the natural environment | |
| 14 | Transporting from Yukon live wildlife that are indigenous to Yukon and that are an endangered species or a threatened species | Transporting from Yukon live wood bison |
| 15 | On other than Crown land administered by the Minister of National Defence, an activity that threatens, either directly or through the alteration of habitat, the continued existence of a population of a species of plant, mammal, amphibian, reptile, bird, fish, insect or invertebrate, that is wild by nature in an ecoregion delineated on a map deposited with the Board for the purpose of this item by the Regional Director General, Yukon Region of the Department of Indian Affairs and Northern Development on August 29, 2005 | On other than Crown land administered by the Minister of National Defence, an activity that threatens, either directly or through the alteration of habitat, the continued existence of a population of a species of plant, mammal, amphibian, reptile, bird, fish, insect or invertebrate, that is wild by nature in an ecoregion delineated on a map deposited with the Board for the purpose of this item by the Regional Director General, Yukon Region of the Department of Indian Affairs and Northern Development on August 29, 2005, as part of any program, plan or study approved by the member of the Executive Council of Yukon responsible for the environment or, in the case of a local population of a species that inhabits the settlement land of a first nation, approved by that first nation, on condition that before final approval by that member or the first nation, as the case may be, a version of the program, plan or study was reviewed in accordance with either a final agreement by the Fish and Wildlife Management Board or a Renewable Resources Council, or the Agreement, as defined in subsection 90(1) of the Act, by the Wildlife Management Advisory Council (North Slope) |
PART 6
Transportation
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Construction, modification or decommissioning of an aerodrome | |
| 2 | Construction, installation, modification or decommissioning of aircraft manoeuvring lights or navigation aids for aircraft | |
| 3 | Flying military fixed-wing jet aircraft as part of a training program at an altitude below 330 m above ground level | Flying military fixed-wing jet aircraft as part of a training program at an altitude below 330 m above ground level if
|
| 4 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a railway line, road crossing or utility crossing | Construction of a railway line across another railway line, or of a road crossing or utility crossing, in accordance with an agreement referred to in subsection 99(1) or 101(1) of the Canada Transportation Act |
| 5 | Abandonment of freight operations on a railway line | |
| 6 | Construction, modification or use, on a railway right of way, of a storage facility for ammonium nitrate or fertilizers containing ammonium, other than a storage facility for
| Construction, modification or use, on a railway right of way, of a storage facility for ammonium nitrate or fertilizers containing ammonium if its storage capacity is, and in the case of a modification remains, 1360.79 kg or less, and if the facility is not a storage facility for
|
| 7 | Construction, modification or use, on a railway right of way, of a chlorine tank car unloading facility | Construction or modification, on a railway right of way, of a chlorine tank car unloading facility that complies with Parts II to V of the Chlorine Tank Car Unloading Facilities Regulations |
| 8 | Construction, operation or modification, on a railway right of way, of a stationary bulk storage facility for flammable liquids |
|
| 9 | Construction or modification, on a railway right of way, of a stationary bulk storage facility for anhydrous ammonia or liquefied natural gas | Construction or modification, on a railway right of way, of a stationary bulk storage facility for anhydrous ammonia or liquefied natural gas if its storage capacity is, and in the case of a modification remains, less than 9092.18 L of water measured at 15.5°C and if the facility complies with the Anhydrous Ammonia Bulk Storage Regulations or the Liquefied Petroleum Gases Bulk Storage Regulations, as the case may be |
| 10 | Construction, modification or decommissioning of a public road, including a public road used only in winter | |
| 11 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a bridge | Other than for placer mining, the construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a bridge across a watercourse other than a navigable watercourse that is, at the point of the crossing, less than 5 m wide at its ordinary high-water mark |
PART 7
Nuclear Facilities and Nuclear Substances
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Preparation of a site for, or construction, operation, modification, decommissioning or abandonment of, a nuclear facility |
|
| 2 | Abandonment, disposal or release into the environment of a nuclear substance, if
| |
| 3 | Possession or use of, or other activity in relation to the possession or use of, a nuclear substance that is an unsealed source in a quantity exceeding 1 Pbq (1015 Bq) | |
| 4 | Abandonment or disposal of a substance, material, a device or equipment the surface of which is contaminated with a nuclear substance that is not readily removable from the surface, if
|
PART 8
Contaminants and Waste
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Construction, operation, modification, decommissioning or abandonment of a land treatment facility | Construction, operation, modification, decommissioning or abandonment of a land treatment facility if its treatment capacity is, and in the case of a modification remains, less than 3000 m3 of materials containing contaminants |
| 2 | Removing, destroying or containing, or any other activity intended to reduce the exposure of human beings, animals and plants to, materials containing a contaminant found on a contaminated site | On other than Crown land administered by a Minister of the Government of Canada, removing, destroying or containing, or any other activity intended to reduce the exposure of human beings, animals and plants to, materials containing a contaminant found on a contaminated site if
|
| 3 | Operating or testing mobile equipment that destroys polychlorinated biphenyls (PCBs) by thermal or chemical means | |
| 4 | On other than an Indian reserve, construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a facility used exclusively for the treatment, incineration, disposal, recycling or storage of special waste | On other than an Indian reserve, construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a facility used exclusively for the treatment, incineration, disposal, recycling or storage of special waste, if
|
| 5 | On an Indian reserve, operation of a garbage dump or the disposal, storage or burning of garbage, liquid or semi-liquid substances, land-fill or scrap of any kind, or any combination of those activities | |
| 6 | On other than an Indian reserve, construction, operation, modification, decommissioning or abandonment of equipment for the incineration of special waste, excluding waste oil | |
| 7 | On other than an Indian reserve, open burning of solid waste | On other than an Indian reserve, open burning of less than 50 kg of solid waste per day |
| 8 | On other than an Indian reserve, construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a solid waste disposal facility | On other than an Indian reserve, construction, operation, modification, decommissioning or abandonment of a solid waste incinerator if its burning capacity is, and in the case of a modification remains, according to the manufacturer’s specifications, less than 100 kg of solid waste per day |
| 9 | Incineration, disposal or recycling of toxic chemicals or their precursors set out in Schedules 1 to 3 to the Annex on Chemicals in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (United Nations), signed at Paris, France on January 13, 1993, as amended from time to time pursuant to Article XV of that Convention | |
| 10 | Incineration, disposal or recycling of the microbial or other biological agents or toxins referred to in item 1 of Article 1 of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (United Nations), signed at London, Moscow and Washington on April 10, 1972, as amended from time to time, as well as the weapons, equipment or means of delivery to use those agents or toxins |
PART 9
Water
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Drilling, operation, modification, decommissioning or abandonment of, or other activity in relation to, a well for the extraction of groundwater |
|
| 2 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a facility or installation — other than a well — that is for the extraction of groundwater | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a facility or installation — other than a well — that is for the extraction of groundwater for domestic purposes |
| 3 | Direct use of water |
|
| 4 | Construction, modification, decommissioning or abandonment of, or other activity in relation to, a watercourse crossing, other than one that is a bridge or is across navigable water | Other than for placer mining, the construction, modification, decommissioning or abandonment of, or other activity in relation to, a watercourse crossing — other than one that is a bridge or is across navigable water — of a watercourse that is, at the point of the crossing, less than 5 m wide at its ordinary high-water mark |
| 5 | Construction, installation, operation, modification, decommissioning or abandonment of a work as defined in section 2 of the Canadian Navigable Waters Act — other than a bridge — that is in, on, over, under or through navigable water | |
| 6 | Repairing, securing, moving, removing, dismantling, destroying or doing any other thing with respect to an obstruction, potential obstruction, wreck, vessel, part of a vessel or other thing under section 15, 15.1, 15.2 or 16 of the Canadian Navigable Waters Act | |
| 7 | Repairing, securing, moving, removing, dismantling, destroying, disposing of or taking possession of a vessel, wreck, dilapidated vessel, their contents, or other thing under section 36, 37 or 38 of the Wrecked, Abandoned or Hazardous Vessels Act | |
| 8 | Watercourse training — such as that for the purpose of erosion control or that which is by means of a channel or bank alteration, artificial accretion, spur, culvert or dock — but not including the diversion of a watercourse |
|
| 9 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a structure for flood control | Other than for placer mining, construction of, or other activity in relation to the construction of, a structure for flood control that is to be in place for no more than 12 consecutive months |
| 10 | Diverting a watercourse or increasing the diversion capacity of an existing diversion | Other than for placer mining, diverting a watercourse that is, at the point of diversion, less than 2 m wide at its ordinary high-water mark |
| 11 | Construction, operation, modification, decommissioning or abandonment of a dam or dike, or other activity in relation to the alteration of flow or storage of water by means of a dam or dike | |
| 12 | Other than for an electrical power undertaking, the deposit of waste into water or in any other place under conditions in which the waste, or any other waste that results from the deposit, may enter water |
|
| 13 | Construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a facility or installation for the development or utilization of Dominion water-powers, within the meaning of section 2 of the Dominion Water Power Act |
PART 10
Fisheries
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Destruction of fish | Destruction of fish by means of fishing |
| 2 | Destruction, disruption or harmful alteration of fish habitat | |
| 3 | Deposit of a deleterious substance, as those terms are defined in subsection 34(1) of the Fisheries Act, into Canadian fisheries waters, within the meaning of section 2 of that Act, or in any other place under conditions in which the deleterious substance, or any deleterious substance that results from the deposit, may enter those waters | |
| 4 | Release of live fish into a fish habitat |
|
| 5 | Transfer of live fish into a facility for the natural or artificial propagation of fish | A transfer of a species of live fish into a facility for the natural or artificial propagation of fish if a licence for a transfer of the same species of fish into that facility, issued under subsection 4(2) of the Yukon Territory Fishery Regulations, is in effect on the day on which these Regulations come into force, whether or not the licence remains in effect |
| 6 | At a slide, dam or other obstruction to the free passage of fish, constructed on a river, an activity providing
| |
| 7 | During a period of construction of an obstruction impeding the free passage of fish, an activity providing free passage for both upstream and downstream migration of fish |
PART 11
Air Emissions
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | On other than an Indian reserve, quarrying, crushing or screening of minerals | On other than an Indian reserve, quarrying, crushing or screening of minerals in an excavation covering an area of 4 ha or less |
| 2 | Operation of equipment capable of generating, burning or using heat energy | Operation of equipment that is not capable of generating, burning or using, according to the manufacturer’s specifications, heat energy of 5 000 000 Btu/h or more |
| 3 | Use of fuel, having a concentration of more than 1.1% sulphur, for heating purposes, for generating steam or electricity or for combustion in an industrial process |
PART 12
National Parks, National Park Reserves and National Historic Sites
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | In a national park, national park reserve or national historic site, construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a structure, facility or installation | |
| 2 | In a national park or national park reserve, for the management of the park or park reserve or for scientific purposes, culling from or destruction of a population of a species of mammal, amphibian, reptile, bird, fish, insect or invertebrate that is wild by nature, including the eggs and embryos of such species | |
| 3 | In a national park or national park reserve, a recreational activity that is a business within the meaning of section 1 of the National Parks of Canada Businesses Regulations | In a national park or national park reserve, a recreational activity that is a business within the meaning of section 1 of the National Parks of Canada Businesses Regulations, if the activity is the same as an activity carried out in the same location for which an assessment had been conducted in accordance with the Act and if less than five years have elapsed since the date of the last assessment |
| 4 | In a national park or national park reserve, taking water from a watercourse or well for business purposes | |
| 5 | Supplying water from a national park or national park reserve to a community or resident of land adjacent to the park or park reserve | |
| 6 | In a national park, national park reserve or national historic site, establishment, expansion or relocation of a trail, campsite or day-use area | |
| 7 | Manipulation of an ecosystem function in a national park, national park reserve or national historic site | |
| 8 | In a national park, national park reserve or national historic site, the damage or destruction of a member of an endangered species, a threatened species or a species listed as one of special concern in Part 4 of Schedule 1 to the Species at Risk Act | |
| 9 | Removal, from a national park, national park reserve or national historic site, of a member of an endangered species, a threatened species or a species listed as one of special concern in Part 4 of Schedule 1 to the Species at Risk Act | |
| 10 | In a national park, national park reserve or national historic site, the damage, destruction or removal of fossils, archaeological resources or other heritage resources | |
| 11 | In a national park, national park reserve or national historic site, an activity that threatens, either directly or through the alteration of habitat, the continued existence of a population of a species of plant, mammal, amphibian, reptile, bird, fish, insect or invertebrate, that is wild by nature | |
| 12 | In a national park, national park reserve or national historic site, modification of a shoreline, stabilization of a slope or an activity to control erosion or drainage | |
| 13 | Removal of trees or shrubs for the purpose of establishing a viewscape in, or delineating the boundary of, a national historic site | |
| 14 | In a national park, national park reserve or national historic site, application by aircraft of a control product | |
| 15 | In a national park, national park reserve or national historic site, establishment, expansion, relocation or closure of a site for the disposal of garbage | |
| 16 | In a national park or national park reserve, cutting standing or fallen trees or removing fallen or cut trees | In a national park or national park reserve, cutting standing or fallen trees not exceeding 20 trees of a diameter at chest height of 15 cm or more per square kilometre, or removing that amount of that diameter of fallen or cut trees |
| 17 | Landing or taking off of an aircraft in an area declared to be a wilderness area pursuant to subsection 14(1) of the Canada National Parks Act | In an area declared to be a wilderness area pursuant to subsection 14(1) of the Canada National Parks Act, dropping off or picking up persons or goods by aircraft, for management of the area |
PART 13
Miscellaneous
| Column 1 | Column 2 | |
|---|---|---|
| Item | Activity | Specific Exception |
| 1 | Use of explosives | Use of 50 kg or less of explosives in a 30-day period more than 30 m from an oil or natural gas pipeline |
| 2 | Use of a vehicle off a public road or off a road or trail maintained by a first nation | Use of a vehicle, of 5 t net vehicle weight or less or that applies 35 kPa or less of pressure to the ground, off a public road or off a road or trail maintained by a first nation |
| 3 | Earth drilling using power-driven machinery, other than that for the extraction of groundwater | Earth drilling, other than that for the extraction of groundwater, using power-driven machinery that has an operating weight of 500 kg or less, excluding the weight of drill rods or stems, bits, pumps and any other ancillary equipment |
| 4 | Construction of a facility or installation across, on, along or under an oil or natural gas pipeline | |
| 5 | Excavation using power-operated equipment 30 m or less from an oil or natural gas pipeline | |
| 6 | Other than in a national park, national park reserve and national historic site, and except for a military field camp or a troop concentration in a designated area established on January 18, 1995 by the Minister of National Defence under section 4 of the National Defence Act, the establishment of a campsite | Other than in a national park, national park reserve and national historic site, and except for a military field camp or a troop concentration in a designated area established on January 18, 1995 by the Minister of National Defence under section 4 of the National Defence Act, the establishment of a campsite intended to be used
|
| 7 | Construction or modification of an aboveground storage tank system for dangerous goods, within the meaning of section 2 of the Transportation of Dangerous Goods Act, 1992, other than petroleum products | Construction or expansion of an aboveground storage tank system for dangerous goods, within the meaning of section 2 of the Transportation of Dangerous Goods Act, 1992, other than petroleum products, if its capacity is, and in the case of an expansion remains, less than 4000 L |
| 8 | On other than Crown land and settlement land, the construction, operation, modification, decommissioning or abandonment of a storage tank system for petroleum products | On other than Crown land and settlement land, the construction, operation, modification, decommissioning or abandonment of a storage tank system for petroleum products if its capacity is, and in the case of a modification remains, 100 000 L or less |
| 9 | On Crown land or settlement land, the establishment of a petroleum fuel storage facility | On Crown land or settlement land, the establishment of a petroleum fuel storage facility that has more than one container and a capacity of 4000 L or less |
| 10 | On Crown land or settlement land, the storage of petroleum fuel in a container | On Crown land or settlement land, the storage of petroleum fuel in a container that has a capacity of 2000 L or less |
| 11 | On Crown land or settlement land, hydraulic prospecting, moving earth or clearing land using a stationary power-driven machine other than a power saw | On settlement land, moving earth or clearing land using a stationary power-driven machine other than a power saw if the activity is related to the construction or modification of one of the following buildings:
|
| 12 | On Crown land or settlement land, moving earth or clearing land using a self-propelled power-driven machine | On settlement land, moving earth or clearing land using a self-propelled power-driven machine if the activity is related to the construction or modification of one of the following buildings:
|
| 13 | On Crown land or settlement land, levelling, grading, clearing, cutting or snow ploughing of
|
|
| 14 | Industrial development in any of the following locations:
| |
| 15 | On Crown land or settlement land, other than an Indian reserve, the extraction of sand, gravel, stone, marl, loam, clay or volcanic ash | On Crown land or settlement land, other than an Indian reserve, the extraction
|
| 16 | Operation, decommissioning, abandonment or expansion of a gravel or sand pit or stone quarry | Operation, decommissioning, abandonment or expansion of a gravel or sand pit or stone quarry if the activities do not involve any of the following activities:
|
| 17 | Extraction of specified substances from an Indian reserve | |
| 18 | On Crown land or settlement land, cutting standing or fallen trees or removing fallen or cut trees | On Crown land or settlement land, other than an Indian reserve and Crown land administered by the Minister of National Defence, cutting 1000 m3 or less of standing or fallen trees or removing that amount of fallen or cut trees |
| 19 | Starting an open fire to burn forest debris that has been piled or gathered using machinery | |
| 20 | Use of lands on an Indian reserve for the purpose of Indian schools, the administration of Indian affairs, Indian burial grounds or Indian health projects | |
| 21 | Occupation or use of, or residence or exercise of rights on, an Indian reserve by a person who is not a member of the band for whose use the reserve was set apart | |
| 22 | Other than in a training area, test establishment or range established on January 18, 1995 for the testing of weapons by the Minister of National Defence under section 4 of the National Defence Act, testing of weapons for military purposes | |
| 23 | Other than in a training area or range established by the Minister of National Defence under section 4 of the National Defence Act, military field exercises or military field training | Other than in a training area or range established by the Minister of National Defence under section 4 of the National Defence Act, military field exercises or military field training that does not involve more than 275 persons or more than 40 vehicles |
| 24 | Construction of a training area, test establishment or range for the testing of weapons or for military training | |
| 25 | Construction, expansion or decommissioning of a military base or station | |
| 26 | On Crown land administered by a Minister of the Government of Canada other than in a national park, national park reserve and national historic site, the construction, operation, modification, decommissioning or abandonment of a structure, facility or installation | |
| 27 | On land under the administration and control of the Commissioner of Yukon or on settlement land, the construction, operation, modification, decommissioning or abandonment of a structure, facility or installation for the purpose of agriculture, commercial recreation, public recreation, tourist accommodation, telecommunications, trapping or guiding persons hunting members of a species prescribed as a species of big game animal by a regulation made under the Wildlife Act, R.S.Y. 2002, c. 229 |
|
| 28 | A commercial wilderness tourism activity that involves horseback riding, or the use of rafts or motorized boats, for which the operator employs more than 10 guides in a 12-month period | |
| 29 | A commercial wilderness tourism activity that involves the use of off-road vehicles for which the operator employs more than five guides in a 12-month period | |
| 30 | Application of a control product that has a product class designation of “RESTRICTED” on the label as required by the Pest Control Products Regulations | Other than in a national park, national park reserve and national historic site, application of Bacillus thuringiensis spp. to water that contains mosquito or black fly larvae and that is not a direct source of drinking water for human beings |
| 31 | On Crown land or settlement land, application of a control product to control pests or diseases that threaten forest resources |
SCHEDULE 2(Paragraphs 3(b) and (c) and subsection 4(2))General Exceptions
PART 1Activities in an Area other than a National Park, National Park Reserve and National Historic Site
1 Maintenance or repair of a structure, facility or installation.
2 Construction of a building if the building has a footprint of less than 100 m 2 and a height of less than 5 m and if the construction
(a) is not being carried out in, on or within 30 m of a water body; and
(b) is not likely to involve the release of a polluting substance into a water body.
3 Construction or modification of a structure or facility if the structure or facility has a footprint that is, and in the case of a modification remains, less than 25 m2 and if the construction or modification
(a) is not being carried out in, on or within 30 m of a water body; and
(b) is not likely to involve the release of a polluting substance into a water body.
4 Modification of a building, including its electrical, heating, fire-prevention, plumbing or security system but not including a system that is intended to produce goods or energy, if the modification
(a) does not increase the footprint or height of the building by more than 10%;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
5 Construction, installation or modification of a ramp, door or handrail to facilitate wheelchair access.
6 Construction of a sidewalk or boardwalk, or a parking lot with a parking capacity of 10 automobiles or less, if the construction
(a) is contiguous to a building;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
7 Modification of a sidewalk, boardwalk or parking lot if the modification
(a) does not increase the area of the sidewalk, boardwalk or parking lot by more than 10%;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
8 Modification of a fence if the modification
(a) does not increase the length or height of the fence by more than 10%;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
9 Construction, installation or modification of a hydrant or a structure or line that connects a building to a main natural gas, sewer, water, electrical transmission or telecommunications line, if the hydrant, structure or line is part of a farm or municipal system of distribution and the activity does not involve the crossing of a water body other than an aerial crossing by a telecommunications or electrical transmission line.
10 Construction, installation or modification of a sign if each surface of the sign has an area that is, and in the case of a modification remains, 25 m2 or less and the sign is, and in the case of a modification remains, either affixed to or located within 15 m of a building.
11 Construction, installation or modification of a radiocommunication antenna and its supporting structure, if the antenna and supporting structure are, and in the case of a modification remain, either affixed to or located within 15 m of a building, and have a footprint that is, and in the case of a modification remains, 25 m2 or less, and if the activity
(a) is not being carried out in, on or within 30 m of a water body; and
(b) is not likely to involve the release of a polluting substance into a water body.
12 Establishment or modification of a field camp used for scientific or technical research, or for reforestation, if the field camp will be in use for less than 200 person-days and if the establishment or modification
(a) is not being carried out in, on or within 30 m of a water body; and
(b) is not likely to involve the release of a polluting substance into a water body.
13 Modification of a road if the modification
(a) is being carried out on the road right of way;
(b) does not increase the length of the road;
(c) does not increase the width of the road by more than 15%;
(d) is not being carried out in, on or within 30 m of a water body; and
(e) is not likely to involve the release of a polluting substance into a water body.
14 Demolition of a building if the building has a floor area of less than 1000 m2 and if the demolition
(a) is not being carried out within 30 m of another building;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
15 Construction, installation or modification of Canada-United States international boundary monuments.
16 Modification of a pipe, pump, pump house, reservoir or drain, or a canal with an inner lining, that is used for irrigating agricultural land, if the modification is not likely to involve the release of a polluting substance into a water body.
17 On agricultural land, construction or modification of a domestic or farm water supply well, pump house, water-tank loading facility, dugout to hold water for consumption by livestock, centre pivot or side roll sprinkler if the construction or modification
(a) is not being carried out in, on or within 30 m of a water body; and
(b) is not likely to involve the release of a polluting substance into a water body.
18 Construction, modification or demolition of a structure or facility located on land and associated with fishing or recreational boating if the structure or facility has a footprint that is, and in the case of a modification remains, less than 100 m2 and a height that is, and in the case of a modification remains, less than 5 m and if the activity is not likely to involve the release of a polluting substance into a water body.
19 Modification of a wharf, other than a floating wharf, or of a breakwater that is accessible by land, if the modification
(a) is not being carried out below the ordinary high-water mark;
(b) does not involve dredging; and
(c) is not likely to involve the release of a polluting substance into a water body.
20 Re-installation of a floating wharf or a modification of a floating wharf that does not increase its area by more than 10%.
21 Demolition of a wharf if the demolition
(a) does not involve the use of explosives; and
(b) is not likely to involve the release of a polluting substance into a water body.
22 Modification of that part of a culvert that crosses under a railway or road and is not connected to a water body.
23 Construction, installation, replacement or modification of that part of the following facilities — an oil or natural gas pipeline, a pipeline used for the transmission of any other flammable or highly volatile liquid, a water pipe, a sewer or a drain — that crosses under a railway or road or is located within the railway or road right of way, if the activity
(a) does not result in an increase in airborne emissions or noise during the operation of the pipeline, pipe, sewer or drain;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
24 Addition or installation of an oil or natural gas pipeline component, or a relocation of a section of an oil or natural gas pipeline, except any part of the component or pipeline that crosses under a railway or road or is located within the railway or road right of way, if the activity
(a) does not result in an increase in airborne emissions or noise during the operation of the pipeline;
(b) does not result in the extension of the pipeline beyond the limits of the right of way or of other land on which the pipeline is located;
(c) is not being carried out in, on or within 30 m of a water body; and
(d) is not likely to involve the release of a polluting substance into a water body.
25 Construction or installation of an electrical transmission line, other than an international electrical transmission line, with a voltage of 130 kV or less, if the construction or installation
(a) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
(b) is not likely to involve the release of a polluting substance into a water body; and
(c) does not involve the placement in or on a water body of the supporting structures for the electrical transmission line.
26 Modification of an electrical transmission line, other than an international electrical transmission line, or of a telecommunications line, if the modification
(a) does not alter its purpose or function;
(b) does not lengthen the line by more than 25 km;
(c) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
(d) is not likely to involve the release of a polluting substance into a water body; and
(e) does not involve the placement in or on a water body of the supporting structures for the electrical transmission or telecommunications line.
27 Construction or installation of a switching station associated with an electrical transmission line with a voltage of 130 kV or less, other than an international electrical transmission line, or associated with a telecommunications line, if the construction or installation
(a) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
28 Modification of a switching station associated with an electrical transmission line or a telecommunications line if the modification
(a) does not alter its purpose or function;
(b) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
(c) is not being carried out in, on or within 30 m of a water body; and
(d) is not likely to involve the release of a polluting substance into a water body.
29 Construction, installation or modification of an international electrical transmission line with a voltage of 50 kV or less if the activity
(a) with respect to any modification made, does not alter its purpose or function;
(b) does not extend the line more than 4 km outside Canada;
(c) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
(d) is not likely to involve the release of a polluting substance into a water body; and
(e) does not involve the placement of the supporting structures for the international electrical transmission line in, on or within 30 m of a water body.
30 Modification of an aerodrome, other than a modification of a pavement or gravel area within the boundary of an airport, if the modification
(a) does not increase a pavement or gravel area by more than 20%;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
31 Modification of a pavement or gravel area within the boundary of an airport if the modification
(a) does not increase the pavement or gravel area by more than 10%;
(b) is not being carried out in, on or within 30 m of a water body; and
(c) is not likely to involve the release of a polluting substance into a water body.
32 Modification of aircraft manoeuvring lights or navigation aids for aircraft.
33 Construction, installation or modification of an automatic warning structure at a railway level crossing.
34 Construction, installation or modification of a railway traffic control signal structure on a railway right of way.
35 Modification of a railway line, other than an expansion, if the modification
(a) does not alter its purpose or function;
(b) is being carried on within the railway right of way and involves the installation of no more than 3 km of track located beyond 100 m of the centre line of the railway line;
(c) is not being carried out in, on or within 30 m of a water body; and
(d) is not likely to involve the release of a polluting substance into a water body.
36 Modification of a road crossing, other than an expansion, if the modification
(a) does not alter its purpose or function;
(b) is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
(c) is in accordance with an agreement referred to in subsection 101(1) of the Canada Transportation Act;
(d) is not being carried out in, on or within 30 m of a water body; and
(e) is not likely to involve the release of a polluting substance into a water body.
37 Construction, installation or modification of an exhibition structure that is inside or affixed to the exterior of a building and is to remain in place for less than 12 consecutive months.
38 Installation, operation, modification, decommissioning or abandonment of an environmental scientific data collection instrument and its housing or enclosure if the activity
(a) is not being carried out in, on or within 30 m of a water body; and
(b) is not likely to involve the release of a polluting substance into a water body.
PART 2Activities in a National Park, Nationalpark Reserve or National Historic Site
39 Modification, maintenance or repair of a structure, facility or installation, including its electrical, heating, fire-prevention, plumbing or security system but not including a system that is intended to produce goods or energy, if the activity
(a) does not increase the footprint or height of the structure or facility;
(b) does not involve a structure, facility or installation commemorated under section 3 of the Historic Sites and Monuments Act;
(c) does not involve a change in the method of sewage disposal or an increase in the amount of sewage, waste or emission;
(d) does not involve any excavation beyond the footprint of the structure or facility;
(e) does not create a need for related facilities, such as parking spaces; and
(f) is not likely to involve the release of a substance into the environment that is likely to pollute the environment.
40 Maintenance or repair of
(a) a sidewalk, boardwalk or parking lot;
(b) a fence;
(c) an environmental data collection instrument and its housing or enclosure; or
(d) a fire tower.
41 Maintenance or repair of a road, including pull-off areas, if the maintenance or repair
(a) is being carried out on the right of way;
(b) is not likely to involve the release of a polluting substance into a water body; and
(c) does not involve the application of salt, a dust control liquid or a control product.
42 Construction, installation, modification, maintenance or repair of a sign if the sign is, and in the case of a modification remains, located on a right of way developed for a power line, pipeline, railway line or road, or if it is, and in the case of a modification remains, either affixed to or located within 15 m of a building.
43 Construction or installation of an interpretive display or exhibit associated with a building, road, pull-off area or trail if the construction or installation does not require the expansion of any related facilities or is to be carried out in a special preservation area or a wilderness area set out in a management plan tabled in each House of Parliament in accordance with section 32 of the Parks Canada Agency Act or section 11 of the Canada National Parks Act.
44 Construction, installation, modification, maintenance or repair of a handrail or guard-rail associated with a structure.
SCHEDULE 3(Subsection 1(1) and section 5)Projects to Be Submitted to the Executive Committee
Mining
1 Quartz exploration program involving the movement of 250 000 t or more of rock.
2 Placer mining operation involving suction dredging.
3 Construction, decommissioning or abandonment of
(a) a metal mine, other than a gold mine, with an ore production capacity of 1500 t/day or more; or
(b) a gold mine with an ore production capacity of 300 t/day or more.
4 Expansion of a metal mine, other than a gold mine, that increases ore production capacity by 50% or more, or by 750 t/day or more, and increases the ore production capacity to 1500 t/day or more.
5 Expansion of a gold mine that increases ore production capacity by 50% or more, or by 150 t/day or more, and increases the ore production capacity to 300 t/day or more.
6 Construction, decommissioning or abandonment, or an expansion that increases production capacity by more than 35%, of
(a) an asbestos mine;
(b) a graphite mine with a production capacity of 1500 t/day or more;
(c) a gypsum mine with a production capacity of 4000 t/day or more;
(d) a magnesite mine with a production capacity of 1500 t/day or more;
(e) a limestone mine with a production capacity of 12 000 t/day or more; or
(f) a clay mine with a production capacity of 20 000 t/day or more.
7 Construction, decommissioning or abandonment of a coal mine with a production capacity of 3000 t/day or more.
8 Expansion of a coal mine that increases production capacity by 50% or more, or by 1500 t/day or more, and increases the production capacity to 3000 t/day or more.
Industrial Activities
9 Construction, decommissioning or abandonment of a pulp mill or pulp and paper product mill or an expansion that increases production capacity by more than 35% and by more than 100 t/day.
10 Construction, decommissioning or abandonment, or an expansion that increases production capacity by more than 35%, of
(a) an explosives factory for the manufacture of chemical explosives involving chemical processes;
(b) a facility for the manufacture of lead-acid batteries;
(c) a metal smelter;
(d) a facility for the commercial production of non-ferrous metals or light metals by pyrometallurgy or high temperature electrometallurgy;
(e) a facility for the production of primary steel with a production capacity of 5000 t/day or more;
(f) a facility for the manufacture of chemical products with a production capacity of 250 000 t/year or more;
(g) a facility for the production of pharmaceutical products with a production capacity of 200 t/year or more;
(h) a facility for the manufacture of wood products that are pressure-treated with chemical products with a production capacity of 50 000 m3/year or more;
(i) a facility for the manufacture of plywood or particle board with a production capacity of 100 000 m3/year or more;
(j) a tannery with a production capacity of 500 000 m2/year or more;
(k) a facility for the manufacture of primary textiles with a production capacity of 50 000 t/year or more; or
(l) a facility for the production of respirable natural mineral fibres.
11 Construction, decommissioning or abandonment of a metal mill with an ore input capacity of 2000 t/day or more.
12 Expansion of a metal mill that increases ore input capacity by 50% or more, or by 1000 t/day or more, and increases the ore input capacity to 2000 t/day or more.
Oil and Natural Gas
13 Construction, decommissioning or abandonment, or an expansion that increases inlet capacity by more than 35%, of a sour natural gas processing plant with sulphur inlet capacity of more than 2000 t/day.
14 Construction, decommissioning or abandonment, or an expansion that increases processing capacity by more than 35%, of a sweet natural gas processing plant with processing capacity of 2 000 000 m3/day or more.
15 Construction, decommissioning or abandonment, or an expansion that increases processing capacity by more than 35%, of a plant for the liquefaction of natural gas or re-gasification of liquefied natural gas with processing capacity of more than 3000 t/day.
16 Construction, decommissioning or abandonment, or an expansion that increases storage capacity by more than 35%, of a plant for the storage of natural gas with storage capacity of more than 50 000 t.
17 Construction of an oil or natural gas pipeline 25 km or more in length if the pipeline is not on a right of way developed for a power line, pipeline, railway line or road nor on a right of way contiguous to, for its whole length, a right of way developed for a power line, pipeline, railway line or road.
18 Construction, decommissioning or abandonment of an oil or natural gas pipeline 75 km or more in length if the pipeline is on a right of way developed for a power line, pipeline, railway line or road.
19 Construction, decommissioning or abandonment of an offshore oil or natural gas pipeline in fresh water.
20 Construction, decommissioning or abandonment, or an expansion that increases input capacity by more than 35%, of an oil refinery with an input capacity of more than 5000 m3/day.
21 Construction, decommissioning or abandonment, or an expansion that increases production capacity by more than 35%, of
(a) a facility for the production of liquid hydrocarbon products from coal with a production capacity of more than 2000 m3/day;
(b) a heavy oil or oil sands processing facility with an oil production capacity of more than 5000 m3/day; or
(c) an oil sands mine with a bitumen production capacity of more than 5000 m3/day.
Energy and Telecommunications
22 Construction or installation of a power line with a voltage of 138 kV or more or of a length of more than 50 km if the power line is not on a right of way developed for a power line, pipeline, railway line or road nor on a right of way contiguous to, for its whole length, a right of way developed for a power line, pipeline, railway line or road.
23 Expansion of a power line that results in an increase, for a length of more than 100 km, of the width of the right of way on which it is located.
24 Expansion of the length of a power line by 25 km or more if the expanded portion of the power line is not on a right of way developed for a power line, pipeline, railway line or road nor on a right of way contiguous to, for its whole length, a right of way developed for a power line, pipeline, railway line or road.
25 Construction, decommissioning or abandonment of
(a) a hydroelectric generating station with a production capacity of 5 MW or more;
(b) a fossil fuel-fired electrical generating station with a production capacity of 5 MW or more; or
(c) a wood-fired electrical generating station with a production capacity of 5 MW or more.
26 Expansion of a hydroelectric generating station, or a fossil fuel-fired electrical generating station, that increases production capacity by 5 MW or more.
Wildlife
27 In a wildlife area, construction, decommissioning or abandonment of
(a) an electrical generating station or electrical transmission line;
(b) a dam, dike, reservoir or other structure for the diversion of water;
(c) an oil or natural gas facility or oil or natural gas pipeline;
(d) a mine or mill;
(e) a nuclear facility;
(f) an industrial undertaking;
(g) a marine terminal;
(h) a railway line or public road;
(i) an aerodrome; or
(j) a waste management facility.
28 Importing wildlife from outside Canada that are non-indigenous to Yukon and that are to be introduced into the natural environment.
29 Transporting from Yukon live wildlife, other than wood bison, that are indigenous to Yukon and that are an endangered species or a threatened species.
Transportation
30 Construction or decommissioning of
(a) an aerodrome located in the developed area of a community; or
(b) an airport.
31 Flying of military fixed-wing jet aircraft as part of a training program at an altitude below 330 m above ground level if the number of flying hours planned is more than 25 hours in a calendar year.
32 Construction of a railway line.
33 Construction of an all-season public road more than 50 km in length if the road
(a) is not on a right of way developed for a power line, pipeline, railway line or road nor on a right of way contiguous to, for its whole length, a right of way developed for a power line, pipeline, railway line or road; or
(b) will lead to a community that lacks all-season public road access.
34 Construction of a bridge on the Yukon, Pelly, Stewart, White, Teslin, Liard, Peel, Takhini or Porcupine River.
Nuclear Facilities and Nuclear Substances
35 Preparation of a site for, or construction, operation, modification, decommissioning or abandonment of, a nuclear facility.
36 Abandonment, disposal or release into the environment of a nuclear substance, if
(a) the nuclear substance is readily removable from and is not distributed throughout a substance, material, a device or equipment, and the quantity of the nuclear substance exceeds its exemption quantity; or
(b) the nuclear substance is distributed throughout, and is not readily removable from, the substance, material, device or equipment, and the concentration of the nuclear substance delivers an effective dose that exceeds 1% of the effective dose limit set out in column 3 of item 3 of the table to subsection 13(1) of the Radiation Protection Regulations.
37 Possession or use of, or other activity in relation to the possession or use of, a nuclear substance that is an unsealed source in a quantity exceeding 1 PBq (1015 Bq).
38 Abandonment or disposal of a substance, material, a device or equipment the surface of which is contaminated with a nuclear substance that is not readily removable from the surface, if
(a) the contamination exceeds 3 Bq/cm2 averaged over a surface of not more than 100 cm2; and
(b) the dose rate at the surface of the substance, material, device or equipment exceeds 1 µSv/h.
Contaminants and Waste
39 Construction, decommissioning or abandonment of a facility used exclusively for the treatment, incineration, disposal, recycling or storage of special waste if
(a) its treatment, incineration, disposal or recycling capacity is
(i) 20 t/year or more of waste oil,
(ii) 10 t/year or more of special waste, other than waste oil, generated as a result of the repair and maintenance of motor vehicles, or
(iii) 5 t/year or more of special waste not described in subparagraphs (i) and (ii); and
(b) its storage capacity is
(i) 20 t or more of waste oil,
(ii) 10 t or more of special waste, other than waste oil, generated as a result of the repair and maintenance of motor vehicles, or
(iii) 5 t or more of special waste not described in subparagraphs (i) and (ii).
40 Expansion of a facility used exclusively for the treatment, incineration, disposal or recycling of special waste that increases its capacity by more than 35% if its treatment, incineration, disposal or recycling capacity is
(a) 20 t/year or more of waste oil;
(b) 10 t/year or more of special waste, other than waste oil, generated as a result of the repair and maintenance of motor vehicles; or
(c) 5 t/year or more of special waste not described in paragraphs (a) and (b).
Water
41 Drilling, decommissioning or abandonment of a well that extracts 200 000 m3/year or more of groundwater.
42 Expansion of a well for the extraction of groundwater that increases its extraction capacity by more than 35% and increases the extraction capacity to 200 000 m3/year or more.
43 Construction, decommissioning or abandonment of a facility or installation, other than a well, that extracts 200 000 m3/year or more of groundwater.
44 Expansion of a facility or installation, other than a well, for the extraction of groundwater that increases its extraction capacity by more than 35% and increases the extraction capacity to 200 000 m3/year or more.
45 Diverting 10 000 000 m3/year or more of water from one natural water body to another.
46 Increasing, by more than 35%, the capacity of a diversion that diverts 10 000 000 m3/year or more of water from one natural water body to another.
47 Construction, decommissioning or abandonment of a dam or dike having a reservoir with a surface area that exceeds the annual mean surface area of the natural water body by 100 ha or more.
48 Expansion of a dam or dike that results in the surface area of a reservoir increasing by more than 35% and exceeding the annual mean surface area of the natural water body by more than 100 ha.
49 The deposit of waste into surface water, or in any other place under conditions in which the waste, or any other waste that results from the deposit, can enter surface water if
(a) the deposit is related to placer mining in which chemicals are used during the mineral recovery process; or
(b) the deposit is related to a community undertaking and the waste is deposited by means of a disposal system that serves 500 persons or more and is installed in accordance with the Sewage Disposal Systems Regulations, Yukon O.I.C. 1999/82.
National Parks, National Park Reserves and National Historic Sites
50 In a national park, national park reserve or national historic site, the construction, operation, modification, decommissioning or abandonment of, or other activity in relation to, a structure, facility or installation if the activity is contrary to a management plan tabled in each House of Parliament in accordance with section 32 of the Parks Canada Agency Act or section 11 of the Canada National Parks Act.
51 In a national park or national park reserve, the expansion of the size of an area that is used for golfing or an expansion of the number of holes that are used for golfing in that area.
Miscellaneous
52 On other than Crown land and settlement land, the construction, operation, modification, decommissioning or abandonment of a storage tank system for petroleum products that has a capacity that is, and in the case of a modification remains, more than 250 000 000 L.
53 On Crown land or settlement land, the establishment of a petroleum fuel storage facility, or the storage of petroleum fuel in a container, that has a capacity of more than 250 000 000 L.
54 Operation, decommissioning or abandonment, or an expansion that increases the production capacity by more than 35%, of
(a) a gravel or sand pit with a production capacity of 500 000 m3/year or more; or
(b) a stone quarry with a production capacity of 1 000 000 t/year or more.
55 Cutting 20 000 m3 or more of standing or fallen trees or removing that amount of fallen or cut trees.
56 Other than in a training area, test establishment or range established on January 18, 1995 for the testing of weapons by the Minister of National Defence under section 4 of the National Defence Act, testing of weapons for military purposes.
57 Construction, outside of a military base, of a training area, test establishment or range for the testing of weapons or for military training.
58 Construction of a military base or of a station outside of a military base.
59 Decommissioning of a military base or station.
60 Expansion of a military base or station that increases its area by more than 25% or increases the cumulative footprint of its existing buildings by more than 25%.
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