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Consultation Paper on a Ministerial Order that sets out the Classes of Projects on Federal Lands and Outside Canada that will cause only Insignificant Adverse Environmental Effects July 2019

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Page 1: Projects on Federal Lands and Outside Canada€¦ · IAA are conducted for proposed physical activities that are “designated projects”, either by regulation or by the Minister

Consultation Paperon a Ministerial Order that sets out the Classes of

Projects on Federal Landsand Outside Canadathat will cause only Insignificant Adverse Environmental EffectsJuly 2019

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1 PurposeSubsection 88(1) of the Impact Assessment Act (IAA) provides the Minister with the authority to, by order, set out classes of projects on federal lands and out-side Canada that will cause only insignificant adverse environmental effects. An authority seeking to carry out a project that is part of one of these classes would not be subject to the IAA provisions for projects on federal lands and outside Canada.

The purpose of this paper is to seek views on pro-posed classes of projects (included in Annex I) that would be set out in a Ministerial Order issued under subsection 88 (1) of the Impact Assessment Act (Ministerial Order).

2 ContextThe Government of Canada is implementing new rules that protect the environment, recognize and respect Indigenous rights, and strengthen our economy through the Impact Assessment Act (IAA).

The IAA establishes an impact assessment process to serve as a planning tool, which takes into consid-eration the whole range of environmental, health, social and economic effects of projects. The new impact assessment process will be led by the Impact Assessment Agency of Canada (Agency). Similar to the process under the Canadian Environmental Assessment Act, 2012, impact assessments under the IAA are conducted for proposed physical activities that are “designated projects”, either by regulation or by the Minister of Environment and Climate Change (Minister).

The IAA also includes requirements for authorities to determine whether a project on federal land or outside Canada (i.e. non-designated projects) is likely to cause significant adverse environmental effects before taking action or making a decision that would enable the project to proceed (sections 82-83). If the authority determines that the project is likely to cause significant adverse environmental effects, the project is not permitted to proceed unless those effects are determined to be justified by the Governor in Council.

The IAA includes provisions to address concerns about transparency and rigour. In particular, authori-ties are now required to post on the Canadian Impact Assessment Registry Internet site a notice of their intent to determine whether a project is likely to cause significant adverse environmental effects and invite the public to provide comments (subsection 86(1)). There is a minimum 30-day interval between this notice of intent and the final notice setting out the determination on whether the project is likely to cause significant adverse environmental effects (subsection 86(2)). In addition, authorities must consider a list of factors when making a determination that include: the effects of a project on Indigenous rights; mitigation measures that address significant adverse environ-mental effects; community and Indigenous knowl-edge; and, comments from the public (section 84).

Recognizing that undertakings with limited potential for significant adverse environmental effects are subject to these requirements, subsection 88(1) of the IAA authorizes the Minister to set out a class of projects if, in the Minister’s opinion, the carrying out of a project will cause only insignificant adverse environ-mental effects. In respect of a project that is part of a class of projects set out by the Minister under subsec-tion 88(1), an authority may carry out the project as they are not required to determine whether a project is likely to cause significant adverse environmental effects under sections 82 and 83, post a public notice or provide a comment period.

The purpose of this paper is to seek views on proposed classes of projects (included in Annex I) that would be set out in a Ministerial Order issued under subsection 88 (1) of the Impact Assessment Act (Ministerial Order).

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3 We Want Your ViewsThis Consultation Paper is seeking input on the proposed classes of projects that would be set out in the Ministerial Order issued under subsection 88(1) of the Impact Assessment Act.

Annex I includes the scope of the proposed classes of projects to be included in the Ministerial Order. In addition, many of the project classes include additional context, background, and examples of types of projects to better illustrate the scope of each project class. Interim technical guidance for projects on federal lands and outside of Canada is also being developed to provide clarity and consistency in the approach taken by federal authorities. Draft guidance will be published on the Agency’s website and comments will be solicited and considered prior to finalizing the guidance.

The feedback gathered will help inform the develop-ment of the final Ministerial Order.

This is the only opportunity to provide comments prior to the publication of the final Ministerial Order in the Canada Gazette, Part II.

The final Ministerial Order will be published in the Canada Gazette, Part II, at the coming into force of the Impact Assessment Act or as soon as possible after the coming into force of the Act. The Impact Assessment Act will come into force on a date identified by order of the Governor in Council.

4 What Types of Projects are Being Proposed for Inclusion in the Ministerial Order?

Federal authorities and authorities set out in sched-ule 4 of the Impact Assessment Act review large numbers of projects. For example, Parks Canada, Crown-Indigenous Relations and Northern Affairs Canada (CIRNA) and Canada Port Authorities review approximately 4,000 projects per year, three quarters of which present only insignificant or no potential for adverse environmental effects. Routine and low risk projects may include maintenance and repair of

existing physical works, replacement of equipment within a building, or the installation of a bench in a National Park. The time needed to plan and review such projects is typically very short – often only a day or two. Holding a public comment period and making a determination under either section 82 or 83 with respect to such projects would not add value to Canadians and would cause delays to the operational continuity and service delivery of federal authorities. The ability to exclude these low-risk activities through the Ministerial Order ensures that government resources are directed at assessing proposals with greater potential for adverse environmental effects.

Federal authorities provided input to develop the classes of projects that could be included in a Ministerial Order. Many of the project classes are based on entries included in the former Exclusion List Regulations under the Canadian Environmental Assessment Act, 1992. Other classes of projects may be proposed at a later date.

The classes of projects being proposed to be included in the Ministerial Order are the most common, routine and straightforward projects that are likely to cause only insignificant adverse environmental effects.

The following criteria were considered when determin-ing whether a class of projects should be included in the Ministerial Order:

ӧ the project type is non-complex and has minimal interaction with the environment;

ӧ no referral to another federal or provincial authority for approval is required;

ӧ federal authorities’ experience with the project type has resulted in a good understanding of any associated potential environmental effects;

ӧ any potential adverse effects can be reduced to an insignificant level through standard design and by the routine application of effective and established mitigation measures;

ӧ federal authorities have determined that the adverse environmental effects for the class of project are insignificant.

In order for an authority to not be subject to the requirements of sections 82 and 83 in respect of a project, the project must be part of a class of projects

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set out in the Ministerial Order. The classes are scoped to ensure that they only capture projects that will only cause insignificant adverse environmental effects. For example, if a Fisheries Act Authorization or a Species at Risk Act permit is required in order to carry out the project, the project may involve a more significant interaction with the environment, which may result in adverse effects on fish and species at risk and therefore would not be included in the class of projects considered.

Once the Ministerial Order is in place, qualified and experienced environmental practitioners who work within the federal authorities will assess whether a proposed project on federal lands or outside Canada is part of a class of projects set out in the Order.

5 Next Steps — Providing Your Views

We are interested in your views on the proposed classes of project to be set out by the Minister under subsection 88(1) of the Impact Assessment Act.

Comments can be provided online at www.impactassessmentregulations.ca by August 21, 2019.

A summary of the comments received as well as a detailed outline of any changes to the regulatory proposal will be provided in the Regulatory Impact Analysis Statement that will accompany publication of the final Ministerial Order.

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ANNEX I – PROPOSED CLASSES OF PROJECTS ON FEDERAL LANDS AND OUTSIDE CANADA THAT WILL CAUSE ONLY INSIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS.The following include the proposed classes of project to be included in the Ministerial Order. They are categorized in three sections: those applicable to projects proposed by all authorities except for Parks Canada; those applica-ble to projects by all authorities; and, those applicable only to projects proposed to be carried out on federal lands administered by Parks Canada.

Many of the project classes include additional context, background and examples of types of projects to better illustrate the scope of each project class.

Proposed Classes of projects applicable to all authorities except for Parks Canada

THE SCOPE OF THE CLASSES OF PROJECTS WOULD INCLUDE THE FOLLOWING:

1. Projects that involve the maintenance and repair of an existing physical work, including replacements of parts of an existing physical work.

2. Projects that are contained within the interior of a building.

3. Projects that involve:

ӧ The construction, installation, operation, modification or expansion of a building or structure, not including petroleum and allied petroleum product facilities and structures, with a footprint less than 1,000 m2 if on developed land or of less than 100 m2 if on undeveloped land.

ӧ The construction, installation, operation, replacement, modification or expansion of works that are associated with a building or structure. Examples may include: › lighting system; › signage; › fencing that does not prevent the passage of wildlife species; › sidewalk, boardwalk, path, pedestrian ramp or access road; › fire suppression infrastructure and pipelines; › parking lot or paved areas less than 1,000 m2 on developed land or 100 m2 on undeveloped land; › electrical vehicle charging station; › solar or wind powered infrastructure (only if on developed land and intended to supply energy to a

building or structure described under the present class of projects)

ӧ Site work related to a building or structure described by the present class of projects. Examples may include: › excavation; › landscaping and grading; › installation and removal of water intakes.

ӧ The demolition, decommissioning, removal and replacement of buildings or structures less than 1,000 m2.

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The class of projects would: ӧ respect the applicable guidelines to reduce risk to migratory birds (found at https://www.canada.ca/en/

environment-climate-change/services/avoiding-harm-migratory-birds.html); ӧ respect the applicable “Measures to Avoid Causing Harm to Fish and Fish Habitat” outlined by Fisheries

and Oceans Canada, if the project takes place near a water body (found at http://www.dfo-mpo.gc.ca/pnw-ppe/measures-mesures/measures-mesures-eng.html)

The class of projects would not include projects that involve: ӧ removal of or damage to known or potential archaeological, heritage, or architectural buildings, structures,

or resources; ӧ construction that is undertaken outside of day time hours if there are noise considerations for nearby

residents; ӧ demolition of a building occur within 30 metres of a school, hospital or residential building; ӧ the requirement of a permit under the Species at Risk Act; ӧ the requirement of an authorization under the Fisheries Act; ӧ the loss or reduction of a wetland; ӧ the disturbance of known or suspected subsurface contamination; ӧ temporary or permanent fill being placed in water; ӧ the requirement of an application for approval pursuant to section 5 of the Canadian Navigable Waters Act.

4. Projects that involve:

ӧ The construction, installation, operation, replacement, modification, expansion, decommissioning, abandonment or removal of a hydrant or hook-up that is part of a municipal or farm system of distribution of a utility. A hook up means a structure or line that is used to connect a physical work to a main gas, oil, sewer, water, electrical power or telecommunications line.

ӧ The construction, installation, operation, replacement, modification, expansion, removal or decommissioning of water-related utility infrastructure projects such as water tanks, pipelines, monitoring wells, and meters with a footprint area of <100 m2.

ӧ The modification to an existing water treatment facility that provides safe drinking water that does not increase the footprint of the facility.

ӧ The construction, installation, operation, replacement, modification, abandonment or replacement of a portion of the following physical works if that portion is located alongside or underneath a railway or road and located more than 30 metres from a waterbody: an oil and gas utilities pipeline or other commodity pipeline; a water pipe; a sewer or drain; a steam line or tunnel; or an overhead or buried telecommunication or electrical power line.

The class of projects would: ӧ respect the applicable “Measures to Avoid Causing Harm to Fish and Fish Habitat” outlined by Fisheries

and Oceans Canada, if the project takes place near a water body (found at http://www.dfo-mpo.gc.ca/pnw-ppe/measures-mesures/measures-mesures-eng.html);

ӧ respect the applicable guidelines to reduce risk to migratory birds (found at https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds.html).

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The class of projects would not include projects that involve: ӧ the construction of an oil and gas utilities pipeline or other commodity pipeline with a length of 5 km or

more; ӧ the construction of an overhead electrical power line with a length of 5 km or more; ӧ the loss or reduction of a wetland; ӧ the crossing of a water body, other than an aerial crossing by a telecommunication or electrical

power line; ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the removal of or damage to known or potential archaeological, heritage, or architectural buildings,

structures, or resources; ӧ the disturbance of known or suspected subsurface contamination; ӧ the placement of fill-in water for the purpose of creating land; ӧ construction that is undertaken outside of day time hours if there are noise considerations for

nearby residents; ӧ the requirement of an application for approval pursuant to section 5 of the Canadian Navigable Waters Act.

5. Projects that involve:

ӧ The installation, replacement, operation or removal of an aboveground petroleum and allied petroleum products storage tank system with an aggregate total design storage capacity of <5000 L or, if located within an airport, of <30,000 L. Examples may include: › Site preparation, mobilization and demobilization associated with installation, replacement or removal

of the storage tank system. › Fuel storage, tank filling and fuel dispensing and operation of associated generators and furnaces.

The class of projects would: ӧ respect the applicable “Measures to Avoid Causing Harm to Fish and Fish Habitat” outlined by Fisheries

and Oceans Canada, if the project takes place near a water body (found at http://www.dfo-mpo.gc.ca/pnw-ppe/measures-mesures/measures-mesures-eng.html);

ӧ respect the applicable guidelines to reduce risk to migratory birds (found at https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds.html).

The class of projects would not include projects that involve: ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the loss or reduction of a wetland; ӧ the disturbance of known or suspected subsurface contamination.

Proposed Class of projects applicable to all authorities

THE SCOPE OF THE CLASS OF PROJECTS WOULD INCLUDE THE FOLLOWING:

6. Geotechnical and environmental investigations undertaken to evaluate the sub-surface (i.e., the characteristics of soil and soil vapour, sediments, rock and groundwater) of a site to assess suitability for a building project; for contaminated site assessment, remediation and monitoring purposes; or for scientific research purposes.

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Project-related activities may include: ӧ test wells drilled for the purposes of geotechnical, hydrogeological or environmental investigations,

including installation, monitoring, sampling and decommissioning of the test wells; ӧ use of truck mounted or track mounted drill rigs on land and drill rigs employed on barges, to drill bore

holes into overburden, bedrock and concrete for investigatory purposes including geotechnical tests, environmental tests, well monitoring, piezometers and sampling;

ӧ excavation of test pits via hand digging, backhoe or mini excavator; ӧ drilling boreholes and test wells for geotechnical and environmental investigations with drilling rigs

or augers; ӧ site preparation activities related to the geotechnical and environmental investigations such as equipment

mobilization, vegetation clearing, excavation, grading, and installation of erosion and sediment controls; ӧ general activities including materials handling and storage, equipment operation, site clean-up, restoration

and waste management.

The class of projects would: ӧ respect the applicable guidelines to reduce risk to migratory birds (found at https://www.canada.ca/en/

environment-climate-change/services/avoiding-harm-migratory-birds.html); ӧ respect the applicable “Measures to Avoid Causing Harm to Fish and Fish Habitat” outlined by Fisheries

and Oceans Canada, if the project takes place near a water body (found at http://www.dfo-mpo.gc.ca/pnw-ppe/measures-mesures/measures-mesures-eng.html).

The class of projects would not include projects that involve: ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ working in the vicinity of, or within an, unstable environment (e.g., dune slopes, landslide zone, area

vulnerable to storm surge or sea level rise) unless approved by a professional engineer; ӧ the requirement of an application for approval pursuant to section 5 of the Canadian Navigable Waters Act;

ӧ the loss or reduction of a wetland.

Proposed Classes of projects applicable only for federal lands administered by Parks Canada

THE SCOPE OF THE CLASSES OF PROJECTS WOULD INCLUDE THE FOLLOWING:

7. Projects that involve the operation and maintenance of an existing physical work.

8. Projects that involve the operation, maintenance, repair and modification within the interior of an existing building.

9. Projects that involve the maintenance or modification of an existing roadway, highway, parkway and related infrastructure within federal lands administered by Parks Canada.

Project-related activities may include: ӧ routine maintenance or modification of existing roadway, highway, parkway and related infrastructure

(e.g., sidewalk, parking lot, road, pull-off area on the existing Right of Way, widening or moving of existing roads within the existing Right of way, drainage structures);

ӧ site preparation activities such as vegetation clearing, excavation, ditching and/or grading, dewatering and installation of erosion and sediment control;

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ӧ general activities including materials handling and storage, equipment operation and maintenance, site clean-up, restoration and waste management;

ӧ vegetation maintenance to maintain sightlines and Right of Way; ӧ asphalt production and handling including temporary asphalt plant operation; ӧ concrete handling including washout facilities; ӧ paving, resurfacing and grading activities; ӧ replacement and upgrades of barriers and guardrails; ӧ slope stabilization including drilling and blasting; ӧ bridge maintenance including cleaning, painting and wood repairs; ӧ site rehabilitation including soil and vegetation restoration.

The class of projects would not include projects that involve: ӧ construction of new road or related infrastructure; ӧ working outside of the existing Right of Way; ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the loss or reduction of a wetland.

10. Projects that involve the installation, maintenance or replacement of prefabricated structures within federal land administered by Parks Canada.

Examples of prefabricated structures include interpretive media (e.g., exhibits, panels, artwork), information and orientation signs, roadside directional signs, picnic tables, firepits, bear-proof garbage containers and food lockers, automated park pass machines, play structures, prefabricated vault privies, natural landscap-ing features or activity stations.

The prefabricated structures have been fabricated off-site and transported to an area for installation. Prefabricated vault privies are latrines that have been assembled off-site and do not require the connection of plumbing to operate.

Project-related activities may include: ӧ maintenance or replacement of existing structures or the installation of new prefabricated structures; ӧ site preparation activities such as vegetation clearing, minor excavation and installation of erosion and

sediment controls; ӧ general activities including materials handling and storage, equipment operation and maintenance, site

clean-up, restoration and waste management.

The class of Projects would: ӧ respect the applicable Measures to Avoid Causing Harm to Fish and Fish Habitat outlined by Fisheries

and Oceans Canada, if the project takes place near a water body (found at http://www.dfo-mpo.gc.ca/pnw-ppe/measures-mesures/measures-mesures-eng.html).

The class of projects would not include projects that involve: ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ working in the vicinity of or within an unstable environment (e.g., sand dune, landslide zone, floodplain,

area vulnerable to storm surge or sea level rise) unless approved by a professional engineer; ӧ the loss or reduction of a wetland.

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11. Projects that involve the construction, maintenance and replacement of primitive campsites (e.g., tent pad, bear proof food box or food cache, picnic table, fire pit) within the area of an existing primitive campground within federal land administered by Parks Canada.

The federal lands administered by Parks Canada are vast and some remote locations can only be accessed by travelling for days with primitive campsites being the only camping options. All of the units are consid-ered to be low impact, temporary and moveable structures.

Project-related activities may include: ӧ construction, maintenance and replacement of primitive campsites (e.g., tent pad, bear proof food box or

food cache, picnic table, fire pit) within the area of an existing primitive campground; ӧ site preparation such as vegetation clearing and minor excavation; ӧ general activities including materials handling and storage, equipment operation and maintenance, site

clean-up, restoration and waste management.

The class of projects would not include projects that involve: ӧ construction of a new primitive campground; ӧ installation of a new toilet system including a new pit privy; ӧ use of heavy equipment (e.g., vegetation removal using skidders and harvesters); ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ working in the vicinity of or within an unstable environment (e.g., sand dune, landslide zone, floodplain,

area vulnerable to storm surge or sea level rise) unless approved by a professional engineer; ӧ the loss or reduction of a wetland.

12. Projects that involve the construction, installation, maintenance and replacement of diversified accommodations including new tent pads at existing campgrounds within federal land administered by Parks Canada.

In addition to traditional camping, diversified accommodations are offered as an alternative offer in addition to traditional camping within the boundaries of existing campgrounds on existing campsites. All of the units are low impact, temporary and moveable structures. Examples of diversified accommodation are oTENTiks, Ôasis, yurts, tiny homes, suspended tents/accommodation units and two-person accommodation units (e.g., micro cabins and tents).

Project-related activities may include: ӧ construction, installation, maintenance and replacement of new diversified accommodations and new

tent pads within the boundaries of existing campgrounds on existing campsites; ӧ tent/accommodation units placed directly on the ground, on raised platforms, on piles or suspended from

trees or a tripod structure; ӧ installation of heating and lighting supplied by an existing electricity source or by alternate sources of

energy (e.g., propane, wood stove and chimney, solar); ӧ site preparation activities such as vegetation clearing, excavation, grading and installation of erosion and

sediment controls; ӧ general activities including materials handling and storage, equipment operation and maintenance, site

clean-up, restoration and waste management.

The class of projects would not include projects that involve: ӧ construction or expansion of new campgrounds; ӧ installation of a new septic field or modification of an existing septic field;

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ӧ vegetation removal through the use of heavy equipment (e.g. skidders and harvesters); ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the loss or reduction of a wetland.

13. Projects that involve the operation and routine maintenance and repair of existing aboveground and underground electrical transmission lines and related infrastructure (e.g., poles, crossarms, anchors, conductors, ground rods, insulators) within Banff National Park.

Project-related activities may include: ӧ operation and routine maintenance and repair of existing above ground and underground electrical

transmission lines and related infrastructure (e.g., poles, crossarms, anchors, conductors, ground rods, insulators) within Banff National Park;

ӧ access and travel along the Right of Way; ӧ aerial, ground and detailed line patrols; ӧ vegetation control on the Right of Way (e.g., tree removal/selective thinning, manual brushing, tree

trimming, mowing, burning, approved herbicide application for brush and weed control); ӧ general activities including materials handling and storage, hazardous materials handling, equipment

operation and maintenance, site clean-up, restoration and waste management; ӧ site preparation activities such as vegetation clearing, excavation, ditching and/or grading, dewatering

and installation of erosion and sediment controls.

The class of projects would not include projects that involve: ӧ construction of new transmission lines, distribution lines or related infrastructure; ӧ working outside of the existing Right of Way; ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the loss or reduction of a wetland.

14. Projects that involve the maintenance and modification of existing land-based trails within federal land administered by Parks Canada.

This would apply to trails outside the Right of Way of an existing road. A trail is a built or natural linear infrastructure, or a suggested route with no infrastructure, which is used for recreational purposes (e.g., pedestrian, horse, cycling, multi-use). Trails also allow Parks Canada staff to access areas otherwise not accessible to perform specific tasks. Trails differ from roads in that trails are designed and built primarily for recreational use or modes of transportation such as bicycle or horseback and not for vehicle use. Trail infrastructure includes the trail itself, the trail structures (e.g., bridge, viewing platform, stairs, bridge, culvert, lighting system), and trail signage. There are a variety of trail surfaces including native material, crushed rock, mineral soil, concrete, asphalt, and chip-seal coat. Trails may require maintenance and modification to meet sustainable trail standards, correct poor design, ensure user safety and improve overall visitor experience.

Project-related activities may include: ӧ routine trail surface maintenance (e.g., re-shaping tread, repaving, building up the tread, grading and

outslope for drainage, removing obstacles, filling in potholes, covering roots and exposed rocks); ӧ modification of existing trail including reroutes and extensions less than 500 metres long and located

within 50 metres on either side of the existing trail or installation of a trail surface (e.g., boardwalk, gravel, wood chips, rock);

ӧ trail widening within half a metre from either side of the existing trail;

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ӧ routine repair and replacement of existing structures associated with trails/paths (e.g., drainage structures, pedestrian bridges, benches, lighting, stairways);

ӧ vegetation maintenance in existing cleared areas; ӧ site preparation such as vegetation clearing, preparing trail base, excavation, grading, trail surfacing, and

installation of erosion and sediment control; and ӧ general activities including materials handling and storage, equipment operation and maintenance, site

clean-up, restoration and waste management.

The class of projects would not include projects that involve: ӧ working within a community located in a national park; ӧ construction of a new trail; ӧ installation of a new pedestrian bridge unless it is a replacement of an existing one; ӧ paving an unpaved trail; ӧ vegetation removal through the use of heavy equipment (e.g., skidders and harvesters); ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the loss or reduction of a wetland.

15. Projects that involve the removal, replacement and upgrade of an existing petroleum storage tank system and its base within federal land administered by Parks Canada.

Project-related activities may include: ӧ removal, replacement and upgrade of an existing petroleum storage tank system and its base. ӧ construction of physical product transfer area; ӧ site preparation activities such as vegetation clearing, excavation, grading and installation of erosion and

sediment controls; and ӧ general activities including materials handling and storage, equipment operation and maintenance, site

clean-up, restoration and waste management.

The class of projects would not include projects that involve: ӧ installation of a new petroleum storage tank system except if it is a replacement of an existing system

and equal in size or smaller; ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ the loss or reduction of a wetland.

16. Projects within federal land administered by Parks Canada that involve the:

ӧ Maintenance, modification, construction, installation or removal of in-water structures including piers, docks, boat launches/ramps, boathouses, and moorings;

ӧ Maintenance and repair of existing wharves, shoreline works, dams, locks, retaining walls, navigational aids, physical structures used as a breakwater or to control the flow of water in a historical canal, causeways, culverts, bridges, fishways and fish ladders.

Project-related activities may include: ӧ General activities including site servicing, materials handling and storage, equipment operation and

maintenance, site clean-up, restoration and waste management. ӧ Site preparation activities such as vegetation clearing, excavation, grading, construction of rock access

road, dewatering and pumping activities, fish and herptile salvage, temporary diversion channel/by-pass and erosion and sediment control.

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The class of projects would not include projects that involve: ӧ Construction or installation of new structures in national parks and national historic sites (with the

exception of historic canals) or a new permanent increase in existing footprint below the high water mark; ӧ Dredging; ӧ Oil and gas pipelines; ӧ The requirement of an authorization under the Fisheries Act; ӧ The requirement of a permit under the Species at Risk Act; ӧ The requirement of an approval under the Canadian Navigable Waters Act; ӧ Working in the vicinity of or within an unstable environment (e.g., sand dune, landslide zone, floodplain,

area vulnerable to storm surge or sea level rise) unless approved by a professional engineer; or ӧ The loss or reduction of a wetland.

17. Projects that involve the construction, installation, operation, maintenance and repair of existing or new in water structures, shore stabilization works, marine railways, boat lifts, aerial telecommunication or electrical power lines, submarine cables or utility pipelines in or across a historic canal as defined in the Historic Canals Regulations.

Project-related activities may include: ӧ General activities including site servicing, materials handling and storage, equipment operation and

maintenance, site clean-up, restoration and waste management; ӧ Site preparation activities such as vegetation clearing, excavation, grading, construction of rock access

road, dewatering and pumping activities, fish and herptile salvage, temporary diversion channel/by-pass and erosion and sediment control.

The class of projects would not include projects that involve: ӧ A new permanent increase in existing footprint below the high water mark; ӧ Dredging; ӧ Oil and gas pipelines; ӧ The requirement of an authorization under the Fisheries Act; ӧ The requirement of a permit under the Species at Risk Act; ӧ The requirement of an approval under the Canadian Navigable Waters Act; ӧ Working in the vicinity of or within an unstable environment (e.g., sand dune, landslide zone, floodplain,

area vulnerable to storm surge or sea level rise) unless approved by a professional engineer; ӧ The loss or reduction of a wetland.

18. Routine projects at facilities on federal lands administered by Parks Canada that are located in areas zoned for Outdoor Recreation or Park Services and where direct access by motorized vehicle is permitted.

Facilities may include visitor centers, park administration offices, washroom facilities (e.g., dry and flush toilets, showers), workshops, staff accommodations, storage sheds, cook shelters, kiosks, and campground theatres. Associated physical works may include fences, septic fields, generators, as well as underground and aboveground service lines for water, sewage, storm water, natural gas, power and communication.

Project-related activities may include: ӧ routine maintenance, modification, operation, decommissioning and abandonment of existing buildings,

associated physical works or service lines; ӧ construction or installation of new buildings and associated physical work in preapproved designated

areas in the front country areas of Banff, Kootenay, Yoho, Jasper National Parks; ӧ construction and installation of new boardwalks, and sidewalks;

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ӧ construction or installation of new service lines in previously disturbed areas; ӧ vegetation management within the Right of Way of service lines and within 1.5 tree lengths of the existing

cleared area of an area accessible by road; ӧ site preparation activities such as vegetation clearing, excavation, grading, and installation of erosion and

sediment controls; ӧ general activities including site servicing, materials handling and storage, equipment operation and

maintenance, site clean-up, restoration and waste management.

The class of projects would not include projects that involve: ӧ working within a community located in a national park; ӧ construction of new buildings and other physical works that are not replacements of existing buildings or

other physical works in non-designated areas; ӧ construction or expansion of new campgrounds, day use areas, trailheads or scenic viewpoints; ӧ installation of a new septic field; ӧ vegetation removal through the use of heavy equipment (e.g. skidders and harvesters); ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement of a permit under the Species at Risk Act; ӧ working in the vicinity of or within an unstable environment (e.g., dune slopes, landslide zone, floodplain,

area vulnerable to storm surge or sea level rise) unless approved by a professional engineer; ӧ the loss or reduction of a wetland.

19. Routine projects in communities located in National Parks including the construction, modification, operation, maintenance, decommissioning and abandonment of buildings, service lines, and recreational grounds.

National Park Communities include Jasper in Jasper National Park, Field in Yoho National Park, Lake Louise and Banff in Banff National Park, Wasagaming in Riding Mountain National Park, Waskesiu in Prince Albert National Park and Waterton in Waterton Lakes National Park.

Project-related activities may include: ӧ construction, modification, operation, maintenance, decommissioning and abandonment of buildings or

structures, including heritage buildings; ӧ construction of new service lines (underground gas, stormwater, water, sewage, electricity and

communication [e.g. telephone and cable] and aboveground power lines and communication lines). As well as the modification, operation, maintenance, abandonment and decommissioning of existing underground and aboveground lines;

ӧ construction, modification, operation, maintenance, decommissioning and abandonment of sidewalks, boardwalks and parking lots up to 75 stalls in previously disturbed areas;

ӧ construction, modification, operation, maintenance, decommissioning and abandonment of trails, parks, parkettes and recreation grounds inside the communities;

ӧ vegetation management within the Right of Way of service lines and within 1.5 tree lengths of the existing cleared area;

ӧ site preparation activities such as vegetation clearing, excavation, grading, and installation of sediment and erosion controls;

ӧ general activities including materials handling and storage, equipment operation and maintenance, site clean-up, restoration and waste management.

The class of projects would not include projects that involve: ӧ working in previously undisturbed, natural areas; ӧ the requirement of an authorization under the Fisheries Act; ӧ the requirement a permit under the Species at Risk Act.