Exclusion List Regulations, 2007 (SOR/2007-108)
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Regulations are current to 2023-05-17 and last amended on 2010-07-12. Previous Versions
SCHEDULE 3(Section 4)Exclusion List for Historic Canals
1 The proposed maintenance or repair of a historic canal, including its lock chambers and adjacent gains, dams and retaining walls, if the project does not involve
(a) the removal or the lowering of the level of the water in any part of the canal outside a lock chamber or series of lock chambers and adjacent gains at the same lock station;
(b) dredging, blasting or filling; and
(c) the likely release of a polluting substance into the canal.
2 The proposed maintenance or repair of a base for navigational aids or a physical work used to control the flow of water in the main channel of a historic canal or as a breakwater if the project does not result in the likely release of a polluting substance into the environment.
3 The proposed construction, installation, operation, maintenance or repair of an in-water structure that does not have a solid foundation or does not penetrate the bed of a historic canal if the project does not involve
(a) the use of heavy machinery on the bed of the canal to install or maintain the structure;
(b) dredging; and
(c) the likely release of a polluting substance into the canal.
4 The proposed construction, installation, maintenance or repair of shore stabilization works if the project does not involve
(a) dredging or excavation;
(b) the use of heavy machinery on the bed of a historic canal;
(c) an encroachment on the bed of the canal; and
(d) the likely release of a polluting substance into the canal.
5 The proposed construction, installation, operation, maintenance or repair of a non-commercial marine railway or boat lift if the project does not involve
(a) dredging or excavation;
(b) the use of heavy machinery on the bed of a historic canal; and
(c) the likely release of a polluting substance into the canal.
6 The proposed construction, installation, operation, maintenance or repair of an aerial telecommunication or electrical power line that crosses a historic canal and is supported solely by a single pole on either side of the canal.
7 The proposed construction, installation, operation, maintenance or repair of a submarine cable or submarine utility pipeline, other than an oil and gas pipeline, if the project does not involve
(a) the crossing of a wetland; and
(b) an alteration to the bed of a historic canal.
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