Federal impact assessment trigger list updated: fossil fuel power, oil sands, transmission lines and CER pipelines removed

Plain-language summary · AI-assisted · not legal advice

The Physical Activities Regulations, which list the physical activities that trigger a federal impact assessment, have been updated to remove several previously designated project types. Fossil fuel-fired power generating facilities (items 30–31), in situ oil sands extraction facilities (items 32–33), international electrical transmission lines and interprovincial power lines (item 39), and new onshore pipelines regulated under the Canadian Energy Regulator Act (item 41) are no longer designated projects requiring federal review under these Regulations. The definition of 'international electrical transmission line' has also been repealed, and the 'new right of way' definition now refers only to railway lines and all-season public highways, removing references to electrical transmission lines and pipelines. Additionally, activities involving regulated facilities under the Canadian Energy Regulator Act that are already regulated under that Act are now explicitly carved out from the designation. Proponents planning fossil fuel power plants, oil sands projects, interprovincial or international power lines, or CER-regulated pipelines should assess whether federal impact assessment obligations still apply to their specific projects through other pathways.

Who this affects: fossil fuel power plant developers · in situ oil sands operators · interprovincial and international electrical transmission line proponents · pipeline operators regulated under the Canadian Energy Regulator Act · environmental and regulatory compliance teams in the energy sector