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ARTICLE · 08 NOVEMBER 2013

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

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On Thursday, October 24, 2013, the Regulations Designating Physical Activities under the Canadian Environmental Assessment Act, 2012 were amended.

CanadaEnergy and Natural Resources
David Farmer
David Farmer
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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,

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