CONSOLIDATION

Law List Regulations

SOR/94-636

Current to June 20, 2022 Last amended on December 31, 2014



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 31, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on December 31, 2014

TABLE OF PROVISIONS Regulations prescribing provisions of Acts of Parliament and Regulations made pursuant to any such Act that confer powers, duties or functions on federal authorities or on the Governor in Council, the exercise of which requires an Environmental Assessment 1

Short Title

General SCHEDULE I

Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities SCHEDULE II

Current to June 20, 2022 Last amended on December 31, 2014

ii

Registration SOR/94-636 October 7, 1994

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Law List Regulations

P.C. 1994-1685

October 7, 1994

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraphs 59(f) and (g) of the Canadian Environmental Assessment Act*, is pleased hereby to make the annexed Regulations prescribing provisions of Acts of Parliament and regulations made pursuant to any such Act that confer powers, duties or functions on federal authorities or on the Governor in Council, the exercise of which requires an environmental assessment, effective on the day on which section 59 of the Canadian Environmental Assessment Act comes into force.

*

S.C. 1992, c. 37

Current to June 20, 2022 Last amended on December 31, 2014

Regulations prescribing provisions of Acts of Parliament and Regulations made pursuant to any such Act that confer powers, duties or functions on federal authorities or on the Governor in Council, the exercise of which requires an Environmental Assessment

Short Title 1 These Regulations may be cited as the Law List Regulations.

General 2 The provisions of an Act set out in Part I of Schedule I and a regulation set out in Part II of that Schedule are prescribed for the purposes of paragraph 5(1)(d) of the Canadian Environmental Assessment Act. 3 The provisions of an Act set out in Schedule II are prescribed for the purposes of subsection 5(2) of the Canadian Environmental Assessment Act.

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE I Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities

SCHEDULE I (Section 2)

Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities PART I

Provisions of Acts Item*

Provisions

0.1 (1.1)

Aeronautics Act (a) subsection 5.9(2) only for exemptions with respect to the operation of an aircraft at a true Mach number of 1 or greater

1. (12)

Arctic Waters Pollution Prevention Act (a) subsection 10(3), as delegated by the Governor in Council Authority Delegation Order

1.01 (10)

Canada National Parks Act (a) paragraph 14(3)(c) (b) paragraph 14(3)(e)

1.1 (7.1)

Canada–Newfoundland and Labrador Atlantic Ac‐ cord Implementation Act (a) paragraph 138(1)(b), except for an authoriza‐ tion with respect to (i) a physical activity referred to in section 19.1 of the schedule to the Inclusion List Regulations that relates to a marine or freshwater seismic survey, or (ii) an offshore exploratory drilling project within the meaning of the Comprehensive Study List Regulations if an environmental impact statement in respect of the activity or project was submitted to the Board on or before July 28, 2003 (b) paragraph 139(4)(a)

1.2 (7.2)

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (a) paragraph 142(1)(b), except for an authoriza‐ tion with respect to (i) a physical activity referred to in section 19.1 of the schedule to the Inclusion List Regulations that relates to a marine or freshwater seismic survey, or (ii) an offshore exploratory drilling project within the meaning of the Comprehensive Study List Regulations if an environmental impact statement in respect of the activity or project was submitted to the Board on or before July 28, 2003 (b) paragraph 143(4)(a)

2. (9)

Canada Oil and Gas Operations Act (a) paragraph 5(1)(b) (b) subsection 5.1(4)

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE I Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities

Item*

Provisions

2.1 (18)

Canada Transportation Act (a) section 32, where the review, rescission, variation or re-hearing relates to a decision, order or application made under subsection 98(2), 99(3), 101(3), 116(4), 127(2) or 138(2) (b) subsection 98(2) (c) subsection 99(3) (d) subsection 101(3) (e) subsection 116(4) (f) subsection 127(2) (g) subsection 138(2)

3. (13)

Canadian Environmental Protection Act, 1999 (a) subsection 127(1) (b) subsection 129(3)

4. (6)

Dominion Water Power Act (a) subsection 7(1)

5. (5)

Explosives Act (a) paragraph 7(1)(a)

6. (11)

Fisheries Act (a) subsection 22(1) (b) subsection 22(2) (c) subsection 22(3) (d) section 32 (e) subsection 35(2) (f) subsection 37(2)

7. (7)

Indian Act (a) subsection 18(2) (b) subsection 28(2) (c) paragraph 58(4)(b)

7.1 (1)

Migratory Birds Convention Act, 1994 (a) paragraph 5.1(3)(b) in respect of authoriza‐ tions by the Minister for scientific purposes

8. (8)

National Energy Board Act (a) subsection 46(1) (b) subsection 58(1) (c) subsection 58.11(1) (d) subsection 58.32(1) (e) subsection 58.34(2) (f) paragraph 74(1)(d) (g) subsection 81(4) (h) subsection 108(4) (i) subsection 108(6) (j) subsection 112(1) (k) subsection 112(3)

9. (10)

[Repealed, SOR/2006-223, s. 7(E)]

10. (18)

[Repealed, SOR/99-330, s. 4(E)]

11. (14)

Navigable Waters Protection Act (a) paragraph 5(1)(a) (b) subsection 6(4) (c) section 16 (d) section 20

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE I Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities

Item*

Provisions

12. (3)

Northwest Territories Waters Act (a) paragraph 14(6)(a), including where approval under that paragraph is given in accordance with subsection 18(2) or (3) (b) paragraph 14(6)(b), including where approval under subparagraph (b)(i) or (ii) is given in accordance with subsection 18(2) or (3)

12.1 (16.1)

Nuclear Safety and Control Act (a) subsection 24(2) in respect of the issue or amendment of a licence (b) paragraph 37(2)(c) in respect of the issue of a licence (c) paragraph 37(2)(d) in respect of the amend‐ ment of a licence

13. (15)

Radiocommunication Act (a) paragraph 5(1)(f)

14. (1)

[Repealed, SOR/99-330, s. 6(E)]

15. (16)

Railway Safety Act (a) subsection 10(1)

16. (2)

Railway Relocation and Crossing Act (a) section 7 (b) subsection 8(1)

17. (17)

Telecommunications Act (a) subsection 19(1) (b) subsection 19(4)

17.1 (17.1)

Territorial Lands Act (a) section 8

17.11 (5.1)

[Repealed, SOR/2006-223, s. 10(E)]

17.2 (5.2)

[Repealed, SOR/2006-223, s. 10(E)]

18. (4)

[Repealed, SOR/2006-223, s. 10(E)]

PART II

Provisions of Regulations Item*

Provisions

1. (21)

Ammonium Nitrate Storage Facilities Regulations (a) subsection 5(1) (b) subsection 5(2) (c) subsection 6(1)

2. (33)

Anhydrous Ammonium Bulk Storage Regulations (a) section 6

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE I Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities

Item*

Provisions

[Repealed, SOR/2003-351, s. 2]

4. (20)

Chlorine Tank Car Unloading Facilities Regulations (a) subsection 6(1) (b) subsection 6(2)

5. (17)

Dominion Water Power Regulations (a) subsection 8(1) (b) subsection 12(2) (c) section 21 (d) subsection 25(2) (e) subsection 40(1) (f) section 46 (g) subsection 49(3) (h) section 50 (i) subsection 69(3)

6. (8)

[Repealed, SOR/99-330, s. 10(E)]

7. (35)

Federal Mobile PCB Treatment and Destruction Regulations (a) section 11 (b) subsection 12(1)

8. (19)

Federal Real Property Regulations (a) paragraph 4(2)(a)

9. (14)

Flammable Liquids Bulk Storage Regulations (a) section 6

10. (32)

Health of Animals Regulations (a) subsection 160(1.1), in respect of the issue of a permit required by paragraph 11(1)(a) or 12(1)(a)

11. (9)

Historic Canals Regulations (a) subsection 14(2)

12. (34)

[Repealed, SOR/99-330, s. 13(E)]

13. (15)

Indian Mining Regulations (a) subsection 5(2) (b) subsection 6(1)

14. (27)

Indian Oil and Gas Regulations, 1995 (a) subsection 6(4) (b) subsection 27(4) (c) subsection 32(1) (d) subsection 39(1) (e) subsection 39(3)

15. (11)

Indian Reserve Waste Disposal Regulations (a) section 5

16. (6)

Indian Timber Regulations (a) subsection 5(1) (b) section 9 (c) subsection 22(1)

17. (1)

International River Improvements Regulations (a) subsection 10(1) (b) section 12

18. (13)

Liquefied Petroleum Gases Bulk Storage Regulations (a) section 6

19. (12)

[Repealed, SOR/2006-223, s. 15(E)]

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE I Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities

Item*

Provisions

20. (23)

Migratory Birds Regulations (a) subsection 4(1) (b) section 33 (c) [Repealed, SOR/2005-314, s. 2] (d) section 36

21. (29)

Migratory Bird Sanctuary Regulations (a) subsection 9(1)

22. (24)

National Historic Parks General Regulations (a) section 10 (b) subsection 11(1) (c) subsection 11(2)

23. (25)

National Parks General Regulations (a) subsection 11(1) (b) subsection 12(1) (c) subsection 18(1) (d) subsection 20(1) (e) subsection 20(2)

24. (2)

National Parks Building Regulations (a) subsection 5(1)

24.1 (14.1)

[Repealed, SOR/2006-223, s. 16(E)]

25. (5)

[Repealed, SOR/99-330, s. 15(E)]

26. (14.1)

National Parks of Canada Businesses Regulations (a) section 4.1

26.1 (3)

National Parks of Canada Lease and Licence of Occupation Regulations (a) subsection 18(1)

27. (16)

National Parks Wildlife Regulations (a) paragraph 15(1)(a)

28. (30)

Northwest Territories Reindeer Regulations (a) paragraph 5(1)(b)

29. (26)

Public Lands Licensing Order (a) paragraph 3(a) (b) paragraph 3(d) (c) paragraph 3(f)

30. (37)

[Repealed, SOR/2006-223, s. 19(E)]

31. (36)

Territorial Land Use Regulations (a) paragraph 25(1)(a) (b) paragraph 27(a)

32. (4)

Timber Regulations, 1993 (a) subsection 7(3) (b) section 14

[Repealed, SOR/2003-351, s. 3]

34. (31)

Wildlife Area Regulations (a) section 4

35. (18)

Wood Buffalo National Park Game Regulations (a) paragraph 56(1)(b)

36. (28)

[Repealed, SOR/2006-223, s. 21(E)]

36.1 (35.1)

[Repealed, SOR/2006-223, s. 21(E)]

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE I Provisions of Acts and Regulations That Confer Powers, Duties or Functions on Federal Authorities

Item*

Provisions

36.2 (35.2)

[Repealed, SOR/2006-223, s. 21(E)]

37. (7)

[Repealed, SOR/2006-223, s. 21(E)]

The italicized number shown in parentheses under the item number is the corresponding item number in the French version of this Schedule. *

SOR/99-330, ss. 1(F), 2(E), 3(F), 4 to 7(E), 8(F), 9(F), 10(E), 11(F), 12(E), 13(E), 14(F), 15(E), 16(E), 17(F), 18(F); SOR/99-438, ss. 1, 2(F), 3(E), 4(F), 5(E), 6(F), 7(E); SOR/ 2000-308, ss.1, 2; SOR/2001-257, s. 1; SOR/2003-281, s. 1; SOR/2003-351, ss. 1 to 3; SOR/2005-198, ss. 6, 7; SOR/2005-261, s. 1; SOR/2005-314, ss. 1, 2(E), 3(E); SOR/ 2006-223, ss. 1(E), 2(F), 3(E), 4(E), 5(F), 6(F), 7(E), 8(F), 9(F), 10(E), 11(F), 12(F), 13(F), 14(F), 15(E), 16(E), 17(E), 18(F), 19(E), 20(F), 21(E), 22(F); SOR/2007-263, s. 1; 2014, c. 13, s. 117.

Current to June 20, 2022 Last amended on December 31, 2014

Law List Regulations SCHEDULE II

SCHEDULE II (Section 3)

Provisions of Acts that Confer Powers, Duties or Functions on the Governor in Council Item*

Provisions

1. (7)

Arctic Waters Pollution Prevention Act (a) subsection 13(1)

2. (6)

Bridges Act (a) paragraph 8(1)(b)

2.1 (4)

Canada National Parks Act (a) subsection 36(2)

3. (8)

Canadian Environmental Protection Act, 1999 (a) section 167

4. (1)

Dominion Water Power Act (a) section 9

5. (5)

Fisheries Act (a) section 32 (b) subsection 35(2) (c) paragraphs 36(5)(a) to (e), where the regula‐ tion made pursuant to those paragraphs contains a provision that limits the application of the regulation to a named site (d) subsection 37(2)

6. (2)

Indian Act (a) subsection 35(1) (b) subsection 39(1)

7. (3)

National Energy Board Act (a) section 52 (b) subsection 58.16(1)

8. (4)

[Repealed, SOR/2006-223, s. 26(E)]

9. (9)

[Repealed, SOR/99-330, s. 19]

The italicized number shown in parentheses under the item number is the corresponding item number in the French version of this Schedule. *

SOR/99-330, s. 19; SOR/2006-223, ss. 23(E), 24(F), 25(F), 26(E).

Current to June 20, 2022 Last amended on December 31, 2014

