Federal Legislation and Regulations
| Act and Regulatory Instrument | Responsible Authority | Overview | Additional Resources and Contact Information | Public Engagement Opportunities | Indigenous Consultation |
| Aeronautics Act
Canadian Aviation Regulations Aeronautical Obstruction Clearance Notification
|
Transport Canada (TC) | An Obstruction Clearance Notification in relation to the construction associated with the Project may be required to address issues such as marking and lighting. New structures may pose a hazard to aviation.
Required to address issues such as marking, lighting, and use of tall cranes that may at times require aeronautical obstruction clearance. This clearance specifies the location of new structures that may pose a hazard to aviation. |
Aeronautics Act (R.S.C., 1985, c. A-2)
https://laws-lois.justice.gc.ca/eng/acts/A-2/page-1.html Canadian Aviation Regulations (SOR/96-433) https://laws-lois.justice.gc.ca/eng/regulations/SOR-96-433/ Aeronautical Obstruction Clearance – Obstruction Marking and Lighting – Canadian Aviation Regulations (CARs) For more detailed guidance on the Aeronautics Act regulations, please contact the Transport Canada regional office. Transport Canada website: https://tc.canada.ca/en |
No engagement opportunities | No consultation opportunities |
| Migratory Birds Convention Act, 1994 | Environment and Climate Change Canada (ECCC) | The Migratory Birds Convention Act (MBCA) and its regulations (revised July 2022) protect migratory birds and their eggs and prohibit the disturbance, damage, destruction or removal of migratory bird nests that contain a live bird or a viable egg.
Migratory birds are protected at all times; all migratory bird nests are protected when they contain a live bird or viable egg; and the nests of 18 species listed in Schedule 1 of the Migratory Birds Regulations (MBR) 2022 are protected year-round. These general prohibitions apply to all lands and waters in Canada, regardless of ownership. The MBCA also prohibits the deposit of substances that are harmful to migratory birds in waters, or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area. There is no mechanism available to provide a permit for activities that do not directly target but may harm protected migratory birds, their nests, and/or eggs (e.g., vegetation clearing) under the MBCA and its regulations. Damage or Danger permits are available in certain limited situations and applications are evaluated on a case-by-case basis. |
Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22)
https://laws-lois.justice.gc.ca/eng/acts/m-7.01/ Migratory Birds Convention Act and Regulations Proponents are reminded to develop beneficial management practices and measures to reduce risk to contravening the MBCA. More information can be found here – Avoiding harm to migratory birds: Frequently Asked Questions: Migratory Birds Regulations, 2022 – Canada.ca (https://www.canada.ca/en/environment-climate-change/services/migratory-bird-permits/faq-migratory-birds-regulations-2022.html – toc5 |
No engagement opportunities | No consultation opportunities. |
| Radio Communication Act
Radio Licence |
Innovation, Science and Economic Development Canada | A Radio Licence may be required for use of radio frequencies and communication use / methods.
Required if planning on using radio frequencies as major communication method |
Radiocommunication Act (R.S.C. [1985], c. R-2)
https://laws-lois.justice.gc.ca/eng/acts/r-2/FullText.html CPC-2-0-03 — Radiocommunication and Broadcasting Antenna Systems https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html For more detailed guidance on the Radiocommunications Act and associated licences and authorizations, please contact Innovation, Science and Economic Development Canada. Innovation, Science and Economic Development Canada website: |
No engagement opportunities | No consultation opportunities |
| Explosives Act and Explosives Regulations
Explosives Licence, Certification or Permit |
Natural Resources Canada (NRCan) | Explosives licence may be required for manufacturing and/or storage of explosives.
NRCan regulates a wide range of activities such as explosives authorization, transportation and import/export that may require additional permitting. |
Explosives Act (R.S.C. [1985], c. E-17)
https://laws-lois.justice.gc.ca/eng/acts/E-17/index.html Explosives Regulations, 2013 (SOR/2013-211) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-211/page-1.html Application forms for licences and certificates Explosives Forms – Natural Resources Canada Explosives guidelines and standards
|
No public engagement opportunities | NRCan may engage Indigenous groups once an application is received to determine if there are concerns, questions or requests for more information.
Engagement on the storage of small quantities of explosives is generally not undertaken. |
| Fishery (General) Regulations
Licence to fish for scientific, experimental, or educational purposes |
Fisheries and OceansCanada (DFO) | If fish salvage will be conducted, then a licence to fish is required. | The following information is required to support DFO’s review of an application for a licence:
· Applicant’s contact information · Purpose of the project · Duration of the license · Names of groups or organizations assisting with the activity · Location, gear type, vessel name and master (if applicable) · Target species, life stage, and number that will be retained More details can found in the application form available here: https://www.pac.dfo-mpo.gc.ca/fm-gp/licence-permis/scientific-scientifique/licence-sci-permis-eng.html Proponent should submit its application to: [insert email] Once DFO receives the application, it can take up to 45 days to process. If the project involves measures to prevent, control or eradicate an aquatic invasive species, the Proponent may require additional permits or licences under the Aquatic Invasive Species Regulations.
|
None | DFO will consult with Indigenous peoples on applications for licenses, such as those applications that are located on Treaty lands or waters, or if there are plans for lethal sampling procedures. |
| Aquatic Invasive Species Regulations
Provisions apply to Fishery (General) Regulations or Fisheries Act Authorization to manage and control aquatic invasive species
|
Fisheries and Oceans Canada (DFO) | Regulations are paired with other federal, provincial and territorial legislation to prevent the spread and introduction of aquatic invasive species into Canadian waters. | DFO may authorize projects that involve measures to prevent the introduction or spread of aquatic invasive species, control aquatic invasive species or eradicate aquatic invasive species. This may include the use of pest control products and drugs, habitat modification or fishing targeting aquatic invasive species.
These provisions may be a requirement of the Fisheries Act Authorization (Table 1) or licence to fish for scientific, experimental or educational purposes. |
None | DFO will consult with Indigenous peoples on applications for licenses, such as those applications that are located on Treaty lands or waters, or if there are plans for lethal sampling procedures. |
| International River Improvements Act (IRIA)
Notification of exception or License |
Environment and Climate Change Canada | A license under the IRIA is required for any activity related to an international river improvement that has the potential to alter the natural flow (rate or water level) of an international river at the Canadian border. | The proponent must determine whether a a license is required under IRIA according to the International River Improvements Regulations (see section 3) and submit the relevant information (see section 6 and 7).
International River Improvements Act: https://laws-lois.justice.gc.ca/eng/acts/I-20/ International River Improvements Regulations: https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._982/page-1.html For more information, please contact the IRIA officer: LODACEI-IRIA@ec.gc.ca |
No public engagement requirements under IRIA | Indigenous consultation only required in license case and is the responsibility of the federal authority. |
| Nuclear Safety and Control Act
Licence |
Canadian Nuclear Safety Commission (CNSC) | Authorizes possession and use of instruments containing radioactive material, such as nuclear density gauges (portable and fixed). | Nuclear Safety and Control Act https://laws-lois.justice.gc.ca/eng/acts/n-28.3/
General Nuclear Safety and Control Regulations: https://laws-lois.justice.gc.ca/eng/regulations/sor-2000-202/index.html Radiation Protection Regulations https://laws.justice.gc.ca/eng/regulations/sor-2000-203/ Nuclear Substances and Radiation Devices Regulation https://laws.justice.gc.ca/eng/regulations/sor-2000-207/ |
No engagement opportunities. | No engagement opportunities. |
| Nuclear Safety and Control Act
Licence and permits under Packaging and Transport of Nuclear Substances Regulations, 2015 |
Canadian Nuclear Safety Commission (CNSC) | The regulatory requirements for the packaging and transport of nuclear substances and radiation devices in Canada are specified in the Packaging and Transport of Nuclear Substances Regulations, 2015 and Transport Canada’s Transportation of Dangerous Goods Regulations.
In general, the transport of nuclear substances does not require a Canadian Nuclear Safety Commission transport-specific licence. The Packaging and Transport of Nuclear Substances Regulations, 2015 require that specific transport licences be issued only in the following circumstances: · transport of Category I, II or III nuclear material · transport of nuclear substances while in transit · transport of nuclear substances contained in large objects · transport of nuclear substances when the transport cannot meet all the regulatory requirements · transport of nuclear substances that require a multilateral approval of shipments · transport of nuclear substances that require a special use vessel |
The regulatory process for licensing specific to transport is explained in sections 6 and 7 of the Packaging and Transport of Nuclear Substances Regulations, 2015.
General Nuclear Safety and Control Regulations (SOR/2000-202) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2000-202/FullText.html Nuclear Safety and Control Act (S.C. 1997, c. 9) Packaging and Transport of Nuclear Substances Regulations, 2015 (SOR/2015-145) REGDOC-1.6.1, Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2 https://www.cnsc-ccsn.gc.ca/eng/acts-and-regulations/regulatory-documents/published/html/regdoc1-6-1-v2/ For more detailed guidance on this license, please contact:. Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046, Station B Ottawa (Ontario) K1P 5S9 CANADA Telephone: 613-995-5894 or 1-800-668-5284 (Canada only) Fax: 613-995-5086 E-mail: info@cnsc-ccsn.gc.ca Website: https://www.nuclearsafety.gc.ca/
|
||
| Transportation of Dangerous Goods Act, 1992.
Transportation of Dangerous Goods Regulations |
Transport Canada | The transportation of dangerous goods is strictly regulated under the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations.
If a person wishes to carry on an activity related to transporting dangerous goods in a way that is not in compliance with the Transportation of Dangerous Goods Regulations, he or she must apply for an Equivalency Certificate following the information requirements in Part 14 of the Transportation of Dangerous Goods Regulations and must show that the way in which the activity will be carried on will provide a level of safety equivalent to complying with the Regulations. Also, as mentioned in section 6.1 of the Transportation of Dangerous Goods Regulations a person who handles, offers for transport or transports dangerous goods must be properly trained and hold a valid training certificate. Depending on the classification and quantity of the substances to be transported, a Transport Canada approved Emergency Response Assistance Plan (ERAP) may be required. |
Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34) https://laws-lois.justice.gc.ca/eng/acts/t-19.01/FullText.html Transportation of Dangerous Goods Regulations (SOR/2001-286) Contact information For more detailed guidance on this permit, please contact your regional Transportation of Dangerous Goods office. |
n/a | n/a |