Following public consultation on proposed amendments earlier this year, the federal government recently passed amendments to the Regulations Designating Physical Activities (RDPA).
The RDPA are promulgated under the Canadian Environmental Assessment Act, 2012 and are central to the act’s operation. Only projects that appear on the RDPA may be subject to federal environmental assessment (with the exception of individual projects designated by the Minister on a wholly discretionary basis). Even if a project appears on the RDPA, it may not actually be subject to a federal environmental assessment (unless it is a project regulated by the National Energy Board or the Canadian Nuclear Safety Commission) because the Canadian Environmental Assessment Agency may determine that a federal environmental assessment is not required.
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