Section 4 · Authorizations Concerning Fish and Fish Habitat Protection Regulations

Contents

4Application under section 2.1#

(1)This section applies to applications referred to in section 2.1.

(2)The Minister must, on receipt of an application, send to the applicant a confirmation of receipt that indicates the date of receipt.

(2.1)For the purposes of subparagraphs (3)(b)(i) and (c)(i), the Minister must conduct a risk assessment in respect of an application for authorization in order to determine whether offsetting the death of fish or the harmful alteration, disruption or destruction of fish habitat is required.

(3)Subject to subsections (6) and (8), the Minister must, within a period of 90 days beginning on the day on which the application is received, notify the applicant in writing of one of the following:

(a)the application is inadequate with respect to the information and documents referred to in subsection 2.1(1) or (2), in which case the notification must specify the information or documents to be provided;

(b)the application is adequate with respect to the information and documents referred to in subsection 2.1(1) or (2), and that

(i)further to a risk assessment that was conducted by the Minister, offsetting the death of fish or the harmful alteration, disruption or destruction of fish habitat is not required, and

(ii)if applicable, the Minister considers that consultations are required; or

(c)the application is adequate with respect to the information and documents referred to in subsection 2.1(1) or (2), and that

(i)further to a risk assessment that was conducted by the Minister, offsetting the death of fish or the harmful alteration, disruption or destruction of fish habitat is required and the following must be provided:

(A)the information and documents set out in Part 3 of Schedule 1, if the application is in respect of one or more works, undertakings or activities,

(B)the information and documents set out in Part 3 of Schedule 3, if the application is in respect of one or more works, undertakings or activities in relation to the operations of an existing facility, and

(C)an irrevocable letter of credit issued by a recognized Canadian financial institution or another equivalent financial guarantee, including a performance bond, to cover the costs of implementing the offsetting plan referred to in Part 3 of Schedule 1 or Part 3 of Schedule 3, and

(ii)if applicable, the Minister considers that consultations are required.

(3.1)Clause (3)(c)(i)(C) does not apply if the applicant is His Majesty in right of Canada or of a province, the government of a territory, a municipality or an Indigenous governing body.

(4)The Minister must, on receipt of all of the information or documents set out in the notification referred to in paragraph (3)(a), send to the applicant a confirmation of receipt that indicates the date of receipt.

(4.1)Once the confirmation of receipt is sent, subsection (3) applies to the application again, except that the period begins on the date indicated in the confirmation of receipt.

(4.2)If the application is adequate with respect to the information and documents referred to in subsection 2.1(1) or (2) and those referred to in subparagraph (3)(c)(i), if applicable, and the consultations referred to in subparagraph (3)(b)(ii) or (c)(ii), if applicable, have been conducted, the Minister must notify the applicant in writing to that effect.

(5)Subject to subsections (6) and (8), the Minister must, within a period of 60 days beginning on the date of the notification referred to in subsection (4.2), issue an authorization to the applicant or notify them in writing of the refusal to do so.

(6)The time limit referred to in subsection (3) or (5) ceases to apply if

(a)the applicant proposes amendments to their application;

(b)the applicant requests in writing that the processing of the application be suspended;

(c)circumstances require that relevant information or documents other than those referred to in subsection 2.1(1) or (2) and subparagraph (3)(c)(i), if applicable, be obtained or that amendments to the information or documents submitted by the applicant be made before the Minister makes their decision under subsection (5);

(d)the Minister considers that consultations are required before they make their decision under subsection (5); or

(e)an Act of Parliament, a regulation made under an Act of Parliament or a land claims agreement provides that a decision be made or that conditions be met before the Minister makes their decision under subsection (5).

(7)If a time limit ceases to apply, the Minister must notify the applicant in writing and, if it ceases to apply for a reason set out in any of paragraphs (6)(c), (d) and (e), inform the applicant of the reason and, if applicable, the information or documents that must be submitted.

(8)The time limit referred to in subsection (3) or (5) starts over as soon as all of the following conditions have been met:

(a)all information or documents in support of the proposed amendments have been received, in the case referred to in paragraph (6)(a);

(b)the Minister receives a request in writing that the processing of the application be resumed, in the case referred to in paragraph 6(b);

(c)the information or documents referred to in paragraph (6)(c) have been obtained or amended;

(d)the consultations referred to in paragraph (6)(d) have been conducted;

(e)the decision has been made or the conditions have been met, in the case referred to in paragraph (6)(e).

(9)The Minister must notify the applicant in writing of the day on which the time limit referred to in subsection (3) or (5) starts over.

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Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.