Exemption List Regulations

Whereas, pursuant to subsection 143(1) of the Mackenzie Valley Resource Management Act, the Minister of Indian Affairs and Northern Development has consulted with the Minister of Resources, Wildlife and Economic Development of the Northwest Territories and with the first nations with regard to the annexed Exemption List Regulations;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 143(1)(c) of the Mackenzie Valley Resource Management Act, hereby makes the annexed Exemption List Regulations.^note

Interpretation

General

Coming into Force

Schedule 1 · Exempted Developments Not Situated in National Parks, National Park Reserves or National Historic Sites (Section 2)

GeneralThe operation or maintenance of, or repair to, a structure thatwill not entail the deposit of waste into a water body; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act or the Waters Act, S.N.W.T. 2014, c. 18.A development, or part of a development, for which renewal of a permit, licence or authorization is required and thathas not been modified; andhas fulfilled the requirements of any environmental assessment process established by the Mackenzie Valley Resource Management Act or any other federal act.A development, or part of a development, for which a permit, licence or authorization is required and thatwas part of a development that fulfilled the requirements of the environmental assessment process established by the Mackenzie Valley Resource Management Act; andhas not been modified since the development referred to in paragraph (a) fulfilled the requirements of the environmental assessment process established by the Mackenzie Valley Resource Management Act.The construction or installation of a building with a footprint of less than 100 m² and a height of less than 5 m on land outside the boundaries of a local government thatwill be carried out at a distance greater than 30 m from a water body; andwill not entail the deposit of waste into a water body.The construction or installation of a building with a footprint of less than 1000 m² on land within the boundaries of a local government thatwill be carried out at a distance greater than 30 m from a water body; andwill not entail the deposit of waste into a water body.The modification or limited expansion of a building, or anything affixed thereto, that will not entail the deposit of waste into a water body.The construction, installation or modification of an environmental scientific data collection instrument, or its housing or enclosure, with a combined footprint of less than 100 m², that will not entail the deposit of waste into a water body.The construction, repair or maintenance of a sidewalk, boardwalk or parking lot with a capacity of 30 or fewer automobiles that will not entail the deposit of waste into a water body, where the construction, repair or maintenance will be carried out at a distance greater than 30 m from a water body.The construction of a fence where the construction will not entail the deposit of waste into a water body.The construction, installation, limited expansion or modification of a hydrant or hook-up, wherethe hydrant or hook-up is or will be part of a farm or municipal system of distribution; andthe construction, installation, limited expansion or modification will not involve the crossing of a water body, other than an aerial crossing by a telecommunication or electrical transmission line.The construction, installation, limited expansion or modification of a sign, no surface of which has or will have an area of more than 25 m².The construction, installation or modification of a radio-communication antenna and its supporting structure, thatwill be carried out at a distance greater than 30 m from a water body;will not entail the deposit of waste into a water body;eitheris affixed to a building,is situated at a distance of less than 15 m from a building, orhas, together with any supporting lines, a combined footprint of not more than 25 m²; andin the case of a structure referred to in subparagraph (c)(iii), does not require a land use permit under the Mackenzie Valley Resource Management Act or the Territorial Land Use Regulations.The construction, installation, limited expansion or modification of a geodesic benchmark with a footprint of less than 25 m² that will not entail the deposit of waste into a water body.The construction, operation, modification or removal of a temporary field camp thatwill not entail the deposit of waste into a water body; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act , S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The operation and maintenance of a highway, as defined in the Northwest Territories Motor Vehicles Act, R.S.N.W.T. 1988, c. M-16, or its associated culverts, that is carried out on the highway right-of-way and does notlengthen the highway;widen the highway by more than 15 per cent; orentail the deposit of waste into a water body.The demolition of a building with a floor area of less than 1000 m² that will notentail the deposit of waste into a water body;be carried out within 30 m of another building; andinvolve the handling of hazardous materials.Engineering tests undertaken to define the elements of a development, or alternatives necessary to determine the environmental impact of a development, thatwill not entail the deposit of waste into a water body; anddo not require a land use permit or a water licence pursuant to the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.Research, scientific studies or surveys thatwill not include the capture of wildlife including fish, mammals and birds; anddo not require a land use permit or water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The cutting of not more than 5000 m³ of timber burned by a forest fire, or not more than 1100 m³ of any other timber, thatwill be carried out at a distance greater than 30 m from a water body;will not entail the deposit of waste into a water body; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The setting of a fire, with a footprint of not more than 25 m², to clear land or remove flammable material during the closed season under a permit issued under subsection 11(1) of the Northwest Territories Forest Protection Act, R.S.N.W.T. 1988, c. F-10.AgricultureThe modification of an irrigation structure that will not entail the deposit of waste into a water body.The construction, limited expansion or modification of a domestic or farm water supply well, pump house, water-tank loading facility or dugout on agricultural land, that will not entail the deposit of waste into a water body.The construction, limited expansion or modification of a centre pivot or side roll sprinkler on agricultural land that will not entail the deposit of waste into a water body.DefenceMilitary field exercises and field training, involving fewer than 275 persons and fewer than 40 vehicles, thatwill not entail the deposit of waste into a water body; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.Electrical EnergyThe construction or installation of an electrical transmission line, other than an international electrical transmission line, with an operating design voltage of not more than 130 kV, where the construction or installationwill not be carried out beyond an existing right-of-way;will not entail the deposit of waste into a water body;will not involve the placement in or on a water body of the supporting structures; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The limited expansion or modification of a telecommunication or electrical transmission line, other than an international electrical transmission line, thatwill not lengthen the line by more than 10 per cent;will not be carried out beyond an existing right-of-way;will not entail the deposit of waste into a water body;will not involve the placement in or on a water body of supporting structures; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The construction or installation of a switching station that is associated with a telecommunication or electrical transmission line with an operating design voltage of not more than 130 kV, other than a international transmission line, where the construction or installationwill not be carried out beyond an existing right-of-way;will not be carried out within a distance of 30 m of a water body;will not entail the deposit of waste into a water body; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The modification or limited expansion of a switching station associated with a telecommunication or electrical transmission line, where the modification or limited expansionwill not be carried out beyond an existing right-of-way;will not entail the deposit of waste into a water body; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.AquaticThe modification or demolition of a structurelocated on land,associated with fishing or the use of small pleasure craft, andwith a footprint of less than 100 m² and a height of less than 5 m,that will not entail the deposit of waste into a water body or involve the handling of hazardous materials.The modification of a fish habitat improvement structure thatwill not require heavy machinery; anddoes not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The modification of a wharf, other than a floating wharf, or of a breakwater that is accessible by land, where the modification will notbe carried out below the high-water mark of the wharf or breakwater;involve dredging; orentail the deposit of waste into a water body.The re-installation or modification of a floating wharf that will not entail the deposit of waste into a water body.The demolition of a wharf that will notinvolve the use of explosives; orentail the deposit of waste into a water body.TransportationThe modification or limited expansion of a paved or gravel area within the boundary of an aerodrome, as defined in subsection 3(1) of the Aeronautics Act, thatwill not entail the deposit of waste into a water body; anddoes not require a land use permit under the Mackenzie Valley Resource Management Act or the Territorial Land Use Regulations.The modification of aircraft visual or navigation aids.The construction, installation, limited expansion or modification of an automatic warning structure at a railway level crossing.The construction, installation, limited expansion or modification of a railway traffic control signal structure on an existing railway right-of-way.The modification of the portion of an oil and gas pipeline, sewer or drain that crosses under a railway or road and is within the railway or road right-of-way.The operation, maintenance or modification of the portion of a culvert that crosses under a railway or road and is within the railway or road right-of-way, where the operation, maintenance or modification does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act, the Waters Act, S.N.W.T. 2014, c. 18 or the Territorial Land Use Regulations.The modification, other than a deviation, of a railway track or bed that will not entail the deposit of waste into a water body.The modification of a road crossing, as defined in subsection 4(1) of the Railway Safety Act, thatwill be carried out on the railway right-of-way; andwill not entail the deposit of waste into a water body.

Schedule 2 · Exempted Developments Situated in National Parks, National Park Reserves, National Historic Sites and Northwest Territories Territorial Parks (Section 3)

The modification, maintenance or repair of a physical work other than a road, including internal fixed physical works and scientific data collection instruments, that will notincrease the footprint or height of the physical work;involve a heritage building;involve a change in the method of sewage disposal, or an increase in the amount of sewage, waste or emissions;involve any excavation beyond the footprint of the physical work;create a need for additional related facilities, such as parking spaces; orentail the release of waste into the environment.[Repealed, SOR/2024-47, s. 13][Repealed, SOR/2024-47, s. 13]The maintenance or repair of a road, including a pull-off area, that will be carried out on the road right-of-way and that will notentail the deposit of waste into a water body; orinvolve the application of a dust control product or salt to the road or of a control product to the areas adjacent to the road.[Repealed, SOR/2024-47, s. 14]The construction or installation of an interpretive display or exhibit associated with a physical work, road, pull-off area or trail, where the construction and installation will notrequire the expansion of any associated facilities; orbe carried out in a special preservation area or a wilderness area set out in a management plan for a park tabled in each House of Parliament under subsection 11(1) of the Canada National Parks Act.The construction, installation, modification, maintenance or repair of a handrail or guardrail associated with a physical work.The maintenance or repair of a fire tower.A development, or part of a development, for which renewal of a permit, licence, lease or authorization is required and thathas not been modified; andhas fulfilled the requirements of a preliminary screening, environmental assessment or environmental impact review under the Mackenzie Valley Resource Management Act.A development, or part of a development, for which a permit, licence, lease or authorization is required and thatwas part of a development that fulfilled the requirements of a preliminary screening, environmental assessment or environmental impact review under the Mackenzie Valley Resource Management Act; andhas not been modified since the development referred to in paragraph (a) fulfilled the requirements referred to in that paragraph.The construction, installation, expansion or demolition of a physical work with a footprint of less than 25 m² and a height of less than 5 m that will notentail the release of waste into the environment; orinvolve the handling of hazardous materials.Research, scientific studies or surveys authorized under the Canada National Parks Act or the Species at Risk Act.