Projects Subject To and Exempt From the Procedure

Two lists

Schedule 1 of Section 22 of the James Bay and Northern Quebec Agreement (JBNQA) provides a list of projects that are subject to the assessment and review procedure, while Schedule 2 lists the projects that are exempt from the procedure. Schedules A and B of Chapter II of the Environment Quality Act (EQA) describes these lists more precisely so as to make them operational. The Table below summarizes the EQA lists grouped into categories by project type to facilitate comprehension.

 

Grey zone projects

Some projects do not fit into the above two categories. These are known as “grey zone” projects. Such projects must be submitted to the Administrator, who will determine, after consultation with the Evaluating Committee (COMEV), whether or not they are subject to the assessment and review process. For further information on this, please see the “Steps in the Procedure” section.

 

Type of project Projects automatically subject to the assessment and review procedure (Schedule A of the EQA) Projects automatically exempt from the assessment and review procedure (Schedule B of the EQA)
Mines All mining developments, including additions to, and alterations or modifications of existing mining developments. All testing, preliminary investigation, research, experiments outside the plant, aerial or ground reconnaissance work and survey or technical survey works prior to any project.
Borrow pits All borrow, sand and gravel pits and quarries, with areas of or over 3 hectares. All borrow pits for highway maintenance purposes.
Energy production All hydroelectric power plants and nuclear installations and their associated works.
All storage and water supply reservoirs related to works intended to produce electricity.
All electric power transmission lines of over 75 kV. All control or transformer stations of a voltage of 75 kV or less, or electric power transmission lines of a voltage of 75 kV or less.
All control or transformer stations of a voltage of 75 kV or less, or electric power transmission lines of a voltage of 75 kV or less.
All fossil-fuel fired power generating plants with a calorific capacity of or above 3,000 kW. All fossil-fuel fired power generating plants having a calorific capacity below 3,000 kW.
Forestry Any road or branch of such road of at least 25 km in length which is intended for forestry operations for a period of at least 15 years.
All wood, pulp and paper mills or other plants for the transformation or the treatment of forest products. All forestry development included in plans provided for in the Forest Act (Chapter F-4.1) and respecting the terms and conditions of the Cree/Québec Agreement (February 2002).
Land use Tout projet d’utilisation des terres qui affecte plus de 65 km2. Any project carried out within the territorial limits of a community and which does not have an impact on the wildlife outside of such limits as well as the extraction and handling of soapstone, sand, gravel, copper and wood for personal or community use. All wood cutting for personal or community use.
The delimitation of the territory of any new community or municipality and any expansion of 20% or more of their total territory or their urbanized areas.
Community and municipal services All sanitary sewage systems including more than 1 km of piping and all wastewater treatment plants designed to treat more than 200 kl of waste water per day. All water and sewer mains, and all oil or gas mains of less than 30 cm in diameter with a maximum length of 8 km.
All systems for the collection and disposal of residual materials, except mine tailings and hazardous materials.
All school or educational establishments, rest areas, observation points, banks, fire stations or immovables intended for administrative, recreational, cultural, religious, sport and health purposes or for telecommunications. All other structures intended for dwellings, wholesale and retail trade, or intended for offices or garages, or intended for handicrafts or car parks.
Protected areas All projects for the creation of parks or ecological reserves.
Tourism All outfitting facilities designed to accommodate 30 persons or more at one time, including networks of outpost camps. All temporary hunting, fishing and trapping camps and all outfitting facilities or camps for fewer than 30 persons.
All hotels or motels of 20 beds or less and all service stations along highways.
Transport All access roads to a locality or road infrastructure contemplated for a new development. All municipal streets and sidewalks. All maintenance and operation of public and private roads. All repairs and maintenance of existing municipal works.
All port and harbour facilities, railroads, airports, pipelines, or dredging operations for the improvement of navigation.