Section 8 · Authorizations Concerning Fish and Fish Habitat Protection Regulations

Contents

8Confirmation of receipt#

(1)The Minister must, on receipt of a request referred to in sections 5 to 7, send to the authorization holder a confirmation of receipt that indicates the date of receipt.

(2)Subject to subsections (5) and (7), the Minister must, within a period of 90 days beginning on the day on which the request is received, notify the authorization holder in writing of one of the following:

(a)the request is inadequate with respect to the information and documents referred to in sections 5, 6 or 7, in which case the notification must specify the information or documents to be provided; or

(b)the request is adequate with respect to the information and documents referred to in sections 5, 6 or 7.

(3)The Minister must, on receipt of all of the information or documents set out in the notification referred to in paragraph (2)(a), send to the authorization holder a confirmation of receipt that indicates the date of receipt.

(3.1)Once the confirmation of receipt is sent, subsection (2) applies to the request again, except that the period begins on the date indicated in the confirmation of receipt.

(4)Subject to subsections (5) and (7), the Minister must, within a period of 60 days beginning on the date of the notification referred to in paragraph (2)(b), amend, suspend or cancel the authorization or notify the authorization holder in writing of the refusal to do so.

(5)The time limit referred to in subsection (2) or (4) ceases to apply if

(a)the authorization holder proposes amendments to the request to amend, suspend or cancel;

(b)the authorization holder requests in writing that the processing of the request be suspended;

(c)circumstances require that relevant information or documents other than those referred to in sections 5 to 7, as applicable, be obtained or that amendments to the information or documents submitted by the authorization holder be made before the Minister makes their decision under subsection (4);

(d)the Minister considers that consultations are required before they make their decision under subsection (4); 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 (4).

(6)If the time limit ceases to apply, the Minister must notify the authorization holder in writing and, if it ceases to apply for a reason set out in any of paragraphs (5)(c), (d) and (e), inform the authorization holder of the reason and, if applicable, the information or documents that must be submitted.

(7)The time limit referred to in subsection (2) or (4) 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 (5)(a);

(b)the Minister receives a request in writing that the processing of the request be resumed, in the case referred to in paragraph 5(b);

(c)the information or documents referred to in paragraph (5)(c) have been obtained or amended;

(d)the consultations referred to in paragraph (5)(d) have been conducted;

(e)the decision has been made or the conditions have been met, in the case referred to in paragraph (5)(e).

(8)The Minister must notify the authorization holder in writing of the day on which the time limit referred to in subsection (2) or (4) 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.