More Low‑Risk Projects Exempted from IAA

Summary#

This is a proposed replacement of the Order Designating Certain Excluded Classes of Projects under the Impact Assessment Act. It would expand the kinds of small, routine projects on federal lands (and some projects outside Canada) that do not need the Act’s formal review. Comments are invited for 75 days after publication (Canada Gazette, Part I).

What it does#

• Repeals and replaces the current Ministerial Exclusion Order (the 2019 list) and adds new classes of low‑risk projects — the proposal says it would add over 50 new classes.
• Raises or adds size and activity thresholds so more routine works can be excluded, for example:
  • small buildings and structures on developed land up to 1,000 m² (smaller limits on undeveloped land, e.g. 100 m²);
  • some special‑purpose buildings raised to 1,500 m² in specific cases;
  • utility work such as certain electrical lines (up to 130 kV) and septic systems and limits on underground storage tanks (up to 5,000 L);
  • linear works (roads, rail, pipelines, sidewalks, fences, etc.) with longer allowed replacement or modification lengths in some cases (e.g. up to 1,000 m for some pipe/line work rather than 100 m).
• Creates a new schedule of excluded classes for projects inside national wildlife areas administered by Environment and Climate Change Canada (Schedule 3).
• Changes the general water‑related condition so some low‑risk work in or near water can be excluded, while explicitly keeping projects that change water level, watercourse alignment, wetland characteristics, or that release harmful substances subject to review.
• Makes a number of smaller clarifications and administrative fixes (e.g., aligning classes across schedules and updating references to other laws).

Who's affected#

• Federal authorities that approve or carry out projects on federal lands or outside Canada — the document says this covers over 75 authorities, including federal departments, agencies, Crown corporations, port and airport authorities, and offshore boards.
• The Parks Canada Agency and Environment and Climate Change Canada because they manage different federal lands and get their own schedule of exclusions.
• Airport and port authorities (some classes and thresholds were changed with them in mind).
• Businesses, contractors and service providers that work on or for projects on federal lands (e.g., small construction, utility, or maintenance contracts).
• Indigenous groups with modern treaties or other rights in federal lands — the order would reduce the number of projects that go through the IAA process, which can include public and Indigenous input.
• The general public where projects on federal lands affect local services or community spaces.

If you want to know exactly whether a particular project would be excluded, the answer depends on the project’s size, location and the specific conditions in the order.

Why it matters#

• It aims to speed up routine, low‑risk work on federal lands by removing the requirement for an IAA review for projects that are judged to cause only insignificant adverse environmental effects. That should reduce delays and administrative work for both authorities and project proponents.
• It redirects time and resources toward projects with higher potential for environmental harm. The government says about 1,000 projects are assessed each year under current rules, while about 3,000 are already excluded annually; the change would reduce the assessed pool further.
• It could reduce opportunities for public and statutory IAA engagement on small projects, because excluded projects no longer go through those IAA steps. The proposal says authorities still must meet treaty obligations and consult where Indigenous rights could be affected, and other laws (like the Fisheries Act or navigable waters rules) still apply.
• The order is a proposal, not final law. Interested people or groups have 75 days from the Canada Gazette publication to comment.