Expanded Exemptions for Low‑Risk Federal Projects

Summary#

This is a proposed replacement of the existing Order Designating Certain Excluded Classes of Projects under the Impact Assessment Act. It would expand the list of routine, low‑risk project types on federal lands and outside Canada that do not need the full federal review process, so small repairs and upgrades can proceed faster. Interested people can comment for 75 days after the notice was published in the Canada Gazette (the notice appeared in the July 27, 2024 Canada Gazette, Part I).

What it does#

• Replaces the 2019 exclusion order with a new list of project types that the government considers to cause only insignificant environmental effects.
• Adds more than 50 new classes of small, routine projects and raises some size thresholds so slightly larger works can be excluded (examples below).
• Creates a new schedule (Schedule 3) for low‑risk projects inside national wildlife areas managed by Environment and Climate Change Canada.
• Changes the general water rule: instead of a blanket ban on projects that change any water feature, the order would require review when a project would
  • change the water level of a water body,
  • change the alignment of a watercourse,
  • change any characteristic of a wetland, or
  • release a deleterious substance into water.
• Examples of project types and limits that would be excluded (if other conditions are met):
  • standalone structures up to 1,000 m2 on developed land or 100 m2 on undeveloped land; very small structures down to 25 m2 and in‑water works down to 10 m2; patios, flagpoles, benches;
  • building-related works (HVAC, accessibility ramps, bollards) up to 1,000 m2 (or 100 m2 on undeveloped land);
  • some small electrical substations up to 1,000 m2 (or 100 m2 on undeveloped land) and overhead/underground electrical lines of 130 kV or less under specific location limits;
  • water utility work and pipelines with modification or removal limits up to 1,000 m (location dependent); septic systems up to 1,000 m2 if at least 30 m from a water body;
  • underground petroleum tank systems up to 5,000 L (with a separate 30,000 L upper limit for above‑ground tanks at airports in the draft text);
  • runway/rail/road work limited to length changes around 100 m (or 150 m for some aerodrome work);
  • repairs to telecommunication lines, small marine navigation aids, culvert or wharf repairs and many other routine infrastructure items with size and location limits.
• Keeps conditions that exclude projects which could affect migratory birds, species at risk, or that involve certain activities under other federal laws.
• The government says these changes are limited to projects judged to have only insignificant environmental effects and that authorities must still follow treaty and other legal duties (including Indigenous consultation when required).

Who's affected#

• Federal departments and agencies and other federal authorities (about 75 organizations) that manage work on federal lands or projects outside Canada.
• Parks Canada (projects on lands it administers) and Environment and Climate Change Canada (national wildlife areas) are explicitly covered by separate schedules.
• Airport and port authorities, utilities, and other operators that carry out small repairs, replacements and routine upgrades on federal lands.
• Businesses and contractors who do work on federal lands may face fewer federal review steps for many small projects.
• Indigenous groups and modern treaty beneficiaries: the IAA exclusions would reduce the number of projects reviewed under the federal impact assessment process, which means fewer opportunities for federal IAA‑based comment on excluded projects. The government says authorities must still meet treaty obligations and consult as required.
• The public: fewer small works would be posted for federal review on the Canadian Impact Assessment Registry.

Why it matters#

• It aims to speed up routine maintenance, repairs and small new works on federal lands by removing duplicative federal review steps. That can reduce delays for services and infrastructure (for example, quicker repairs to roads, small buildings, or utility lines).
• Authorities and businesses could save time and administrative effort, letting reviewers focus on bigger projects with higher environmental risk.
• There will likely be fewer federal IAA notices and public comment opportunities for low‑risk work, though other consultation or legal duties (including Indigenous consultation and other laws) still apply.
• The government’s analysis says the changes are scoped to avoid significant or cumulative environmental harm and that no important economic or gender‑based impacts were identified.