Canada: CEAA 2012 – Significant Amendments Made To The Regulations Designating Physical Activities

Last Updated: November 8 2013
Article by Michael G. Massicotte and David Farmer

Most Read Contributor in Canada, September 2016

On Thursday, October 24, 2013, the Regulations Designating Physical Activities1 (the "Regulations") under the Canadian Environmental Assessment Act, 20122 ("CEAA 2012") were amended.3 As set out in the corresponding Regulatory Impact Analysis Statement (the "Impact Analysis"), the amendments have been made to ensure that:

[t]he Regulations appropriately reflect those major projects that have the greatest potential for significant adverse environmental effects in areas of federal jurisdiction...[This] will, in turn, ensure federal environmental assessment is focused on those projects and increase certainty and predictability for proponents and for Canadians.4

Most notably, as a result of amendments to the Schedule to the Regulations: a) expansions to oil  sands mines have been added to the list of designated physical activities; and b) heavy oil and oil sands processing facilities, and pipelines (other than offshore pipelines) that are not regulated by the NEB, have  been removed from the list. In situ oil sands projects have not been included in the Schedule. As a result, unless designated by the Minister, those projects will not be subject to the federal Environmental Assessment ("EA") process, but will still be subject to the provincial regulatory framework.

The Canadian Environmental Assessment Agency (the "Agency") does not expect that the amendments to the regulations will significantly alter the total number of projects that are subject to the federal EA process set out in CEAA 2012.5

CEAA 2012 and EAs - Background to the Amendments

As summarized in the Impact Analysis, CEAA   2012 came into force in July 2012 as part of the Government's Responsible Resource Development plan, the objectives of which are to achieve more predictable and timely project reviews, reduce duplication, strengthen environmental protection, and enhance consultation with Aboriginal groups. A summary of the federal regulatory reforms appears in the January 2013 Issue of our Oil & Gas Bulletin, found here.

CEAA 2012 and its accompanying regulations provide the legislative framework for federal EAs. Under this framework, consideration is given to whether "designated projects" are likely to cause significant adverse environmental effects, that either fall within the legislative authority of Parliament or result from a federal decision regarding a project.

EAs under CEAA 2012 are conducted by one of three responsible authorities: a) the Agency; b) the Canadian Nuclear Safety Commission (the "CNSC") for projects that it regulates; or c) the National Energy Board (the "NEB") for projects that it regulates. EAs are conducted of proposed projects that are "designated," either under the Regulations, or by the Minister of the Environment. Physical activities for designated projects are listed in a schedule to the Regulations, and are divided into three parts, based on whether the Agency, the CNSC or the NEB is responsible for conducting the EA. Project proposals that include physical activities that are listed in the Regulations that meet or exceed the specified thresholds, are "designated"  projects.

Designated projects that are regulated by the CNSC or by the NEB, and projects that the Minister has designated6, must undergo an EA. However, when the Agency is the responsible authority for a designated project, it must determine, through a screening process, whether an EA is required based on the specific project proposal.7

Under CEAA 2012, unless the Agency has determined that an EA is not required or a decision statement has been issued and the proponent is acting in accordance with the conditions of that decision statement, the proponent is prohibited from carrying out any part of a designated project that will result in:

  • effects on fish and fish habitat, shellfish and their habitat, crustaceans and their habitat, marine animals and their habitat, marine plants, and migratory birds;
  • effects on federal lands;
  • effects that cross provincial or international boundaries; and
  • effects of any changes to the environment that affect Aboriginal peoples, such as their use of lands and resources for traditional purposes.8

Objective of the Amendments

According to the Impact Analysis, the physical activities identified in the former Regulations did not appropriately reflect all of the major projects having the greatest potential to cause significant adverse environmental effects in areas of federal jurisdiction. Some project categories considered to have a high potential for these types of effects had not been included in the Regulations, while others considered to have a low potential, were.9

Replacement of the Schedule

To address these issues, the Schedule to the Regulations has been replaced. When compared to the former Schedule, some notable differences include the following:

  • additions have been made to include, among other projects, expansions to oil sands mines;
  • deletions have been made to exclude, among other projects, heavy oil and oil sands processing facilities, and pipelines (other than offshore pipelines) that are not regulated by the NEB;
  • the threshold size for liquefied natural gas storage facilities has been increased by approximately 10 per cent;
  • the entries related to offshore oil or gas production facilities have been modified to more precisely identify the types of facilities that are covered;
  • the entries for offshore pipelines have been modified to clarify that flowlines are not included; and
  • the entry for NEB-regulated pipelines (other than offshore pipelines) has been modified to align with the NEB's legislative regulatory process requirements, by reducing the threshold from  75 kms on a new right-of-way to 40 kms of new pipe, whether or not it is on a new right-of-way.

The amendments to the Regulations also include transitional provisions.10

Of significance, in situ oil sands projects have not  been included in the Schedule. As a result, proponents will not be required to submit a project description to the Agency. Unless designated by the Minister, these projects will not be subject to the federal EA process.11

When asked whether projects not on the list would be screened to determine if a full review is needed, Senior Communications Advisor and Agency spokesperson, Isabelle Perrault, is reported to have stated that "the decision on reviews would depend on information from sources such as the public, proponents, the provinces and the [Agency's] regional offices." 12

While not appearing in the Schedule to the federal Regulations, in situ oil sands projects will still be subject to the provincial project approval regulatory framework.

We intend to continue monitoring all further regulatory developments at both the federal and provincial levels.


1Regulations Designating Physical Activities, SOR/2012-147.

2 Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52

3 The Regulations were amended by way of the Regulations Amending the Regulations Designating Physical Activities, which the Agency has posted on its website (found here) to ensure they are available to stakeholders.

4 As stated in the Impact Analysis:

The main purpose of the amendments is to ensure the Regulations are aligned with the objectives of the CEAA 2012 in support of the Government's plan for Responsible Resource Development. Accordingly, the amendments to the Regulations ensure federal environmental assessment requirements are focussed on those major projects that have the greatest potential for significant adverse environmental effects in areas of federal jurisdiction. Physical activities that typically have minimal impacts on areas of federal jurisdiction have been removed.

5 In the first year that CEAA 2012 was in force, 29 environmental assessments were commenced.

6 As to the Minister's authority to designate a project, as stated in the Impact Analysis:

A key element of the CEAA 2012 is the Minister's authority to designate a project that includes physical activities not in the Regulations. This provision recognizes that there may be occasional situations where the specific instance of a physical activity has a unique impact on the environment. If the physical activity is expected to have the potential for significant adverse environmental effects on areas of federal jurisdiction in most situations,
then the physical activity is included in the Regulations. However, if the physical activity is not expected to have the potential for significant adverse environmental effects, except in limited circumstances, then it has not been included. The Minister's authority to designate can be used, if warranted, in such circumstances. This approach allows the Government to protect the environment in those areas where attention is warranted. Should the Minister be designating physical activities associated with certain types of projects on a regular basis, the Minister can consider amendments to the Regulations in the future to include those activities.

7 In determining whether to require an EA of a designated project, the Agency considers a number of factors, including the description of the project provided by the proponent, the possibility that the carrying out of the project may cause adverse environmental effects, comments received from the public and, if applicable, the results of any relevant regional study.

8 In addition, a federal authority is prohibited from issuing a permit or authorization for a designated project that requires an EA under CEAA 2012 unless a decision statement has been issued for the project.

9 As stated in the Impact Analysis, in developing the amendments:

[t]he aim was to reach a balance between, on the one hand, ensuring that proponents of projects with low or limited potential to adversely impact areas of federal jurisdiction are not unduly burdened with preparing project descriptions and that Agency resources are not unnecessarily used to consider and screen an overly broad pool of projects and, on the other hand, ensuring that the Minister's discretion to designate projects can be used in project- specific circumstances and not as a second standard means to require an environmental assessment of a project.

10 At the time of the coming into force of the amendments, if a project description had been submitted or if an EA had commenced under CEAA 2012, in respect of a project involving a physical activity removed from the Regulations (and none that has been retained or added), the screening process or the EA terminated because the project is no longer a "designated project." Other federal permitting and approvals processes, however, continue to apply. If the project is located on federal lands, CEAA 2012 requires that before federal authorities make any decision that would allow the project to proceed, they must determine whether it is likely to cause significant adverse environmental effects. Conversely, in cases where a project was not a "designated project" under the former Regulations but is a "designated project" as a result of the amendments, the new Regulations apply except if permits have already been issued by a federal authority, the carrying out of the project has already started, or an assessment under the process of another jurisdiction, or under the CNSC or NEB regulatory processes, is already underway. An assessment by another jurisdiction, in this case, is limited to one conducted by:  a provincial government, agency or body; a body established under a land claims agreement; or a body established under legislation related to aboriginal self-government. In addition, the transitional provisions provide that the new Regulations do not apply in respect of any project that was subject to a "screening" type environmental assessment under the former Act which, as a result of the coming into force of CEAA 2012, was not required to be continued and completed.

11 The Regulations Amending the Regulations Designating Physical Activities and the related Impact Analysis had been publicly released on the Agency's website on April 12, 2013 and subsequently published in the Canada Gazette, Part I on April 20 for a 30-day public comment period. The Agency received 51 submissions from interested stakeholders, aboriginal groups, and members of the public. Some members of the public, environmental groups and Aboriginal groups expressed concern with the removal of any project type from the Regulations, and unsuccessfully urged that a number of other project types, including in situ oil sands projects be added.

12 Calgary Herald, "Ottawa backs off assessments, In situ oilsands mines not on federal list", October 26, 2013.

About BLG

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.