Authorizations Concerning Fish and Fish Habitat Protection Regulations (SOR/2019-286)

Interpretation

Marginal note:Definition of Act

1 In these Regulations, Act means the Fisheries Act.

Authorizations

Marginal note:Required information and documents

• 2 (1) The Minister may, on application, issue the authorization referred to in paragraph 34.4(2)(b) or 35(2)(b) of the Act. The application must be made to the Minister in writing and include

  • (a) the information and documents set out in Schedule 1; and

  • (b) 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 plan referred to in section 16 of Schedule 1.

• Marginal note:Exception

  (2) Paragraph (1)(b) does not apply if the applicant is Her Majesty in right of Canada, Her Majesty in right of a province or the government of a territory.

Marginal note:Required information — emergency situation

3 Only the information set out in Schedule 2 must be provided to the Minister in support of an application in respect of a work, undertaking or activity that needs to be carried on without delay in response to the following situations:

• (a) a matter of national security;

• (b) a national emergency for which special temporary measures are taken under the Emergencies Act; or

• (c) an emergency that poses a risk to public health or safety, the environment or property.

Processing of Non-Emergency Applications

Marginal note:Application

• 4 (1) This section applies to applications referred to in section 2.

• Marginal note:Confirmation of receipt

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

• Marginal note:60-day time limit

  (3) Subject to subsections (6) and (8), the Minister must, within a period of 60 days beginning on the day on which the application is received, notify the applicant in writing that the application is complete, incomplete or inadequate. If the application is incomplete or inadequate, the notification must specify the information or documents to be provided.

• Marginal note:Subsection (3) applies again

  (4) The Minister must, on receipt of any information or documents set out in the notification, send to the applicant a confirmation of receipt that indicates the date of receipt. Subsection (3) applies again to the application, except that the period begins on the date indicated in the confirmation of receipt.

• Marginal note:Minister’s decision

  (5) Subject to subsections (6) and (8), the Minister must, within a period of 90 days beginning on the date of the notification informing the applicant that their application is complete, either issue an authorization or notify the applicant in writing of the refusal to do so.

• Marginal note:Time limit ceases to apply

  (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 information or documents other than those referred to in subsection 2(1) be obtained or that amendments to the information or documents submitted by the applicant be made before an authorization can be issued or a notification of refusal can be given;

  • (d) consultation is required before an authorization can be issued or a notification of refusal can be given; 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 an authorization can be issued or a notification of refusal can be given.

• Marginal note:Notice

  (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.

• Marginal note:Time limit starts over

  (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 consultation referred to in paragraph (6)(d) has been conducted;

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

• Marginal note:Notice

  (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.

Amendment, Suspension or Cancellation of Authorization

Marginal note:Request for amendment

5 The holder of any authorization may request that the authorization be amended. The request must be submitted to the Minister in writing and include

• (a) the file numbers indicated on the original authorization;

• (b) a description of the amendment;

• (c) the updated information and documents set out in Schedule 1 or 2 that are necessary to support the request; and

• (d) a detailed description of the likely effects of the amendment on fish and fish habitat, if not otherwise submitted under paragraph (c).

Marginal note:Request for suspension

6 The holder of any authorization may request that the authorization be suspended in whole or in part. The request must be submitted to the Minister in writing and include

• (a) the file numbers indicated on the original authorization;

• (b) the period of suspension requested, if any;

• (c) the reason for requesting the suspension; and

• (d) a detailed description of the likely effects of the suspension on fish and fish habitat.

Marginal note:Request for cancellation

7 The holder of any authorization may request that the authorization be cancelled. The request must be submitted to the Minister in writing and include

• (a) the file numbers indicated on the original authorization;

• (b) the requested cancellation date;

• (c) the reason for requesting the cancellation; and

• (d) a detailed description of the likely effects of the cancellation on fish and fish habitat.

Marginal note:Confirmation of receipt

• 8 (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.

• Marginal note:60-day time limit

  (2) Subject to subsections (5) and (7), the Minister must, within a period of 60 days beginning on the day on which the request is received, notify the authorization holder in writing that the request is complete, incomplete or inadequate. If the request is incomplete or inadequate, the notification must specify the information or documents to be provided.

• Marginal note:Subsection (2) applies again

  (3) The Minister must, on receipt of any information or documents set out in the notification, send to the authorization holder a confirmation of receipt that indicates the date of receipt. Subsection (2) applies again to the request, except that the period begins on the date indicated in the confirmation of receipt.

• Marginal note:Minister’s decision

  (4) Subject to subsections (5) and (7), the Minister must, within a period of 90 days beginning on the date of the notification informing the authorization holder that their request is complete, either amend, suspend or cancel the authorization or notify the authorization holder in writing of the refusal to do so.

• Marginal note:Time limit ceases to apply

  (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 information or documents other than those referred to in sections 5 to 7 be obtained or that amendments to the information or documents submitted by the authorization holder be made before the Minister amends, suspends or cancels the authorization;

  • (d) consultation is required before the authorization can be amended, suspended or cancelled; 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 authorization can be amended, suspended or cancelled.

• Marginal note:Notice

  (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.

• Marginal note:Time limit starts over

  (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 consultation referred to in paragraph (5)(d) has been conducted;

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

• Marginal note:Notice

  (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.

Marginal note:Amendment, suspension or cancellation by Minister

• 9 (1) The Minister may, on the Minister’s own initiative, amend or suspend, in whole or in part, or cancel any authorization if

  • (a) the Minister has reasonable grounds to believe that the conditions established by the Minister in the authorization have not been or will not be met;

  • (b) the Minister has reasonable grounds to believe that the authorization was obtained by fraudulent or improper means or by the misrepresentation of a material fact;

  • (c) the Minister becomes aware of new information that demonstrates that the death of fish or the harmful alteration, disruption or destruction of fish habitat is or will be significantly greater than anticipated by the Minister at the time of issuance of the authorization; or

  • (d) the authorization holder has not paid a fine imposed on them under the Act.

• Marginal note:Notice and representations

  (2) If the Minister intends to amend or suspend, in whole or in part, or cancel the authorization, the Minister must notify the authorization holder in writing of this intention and give the authorization holder an opportunity to make written representations.

• Marginal note:Suspension in urgent situations

  (3) Despite subsection (2), the Minister may suspend an authorization, in whole or in part, without giving the authorization holder an opportunity to make written representations if the suspension is required to prevent the imminent death of fish or the imminent harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Notice of amendment, suspension or cancellation

  (4) If the authorization is amended or suspended, in whole or in part, or cancelled by the Minister, the Minister must notify the authorization holder in writing of the amendment, suspension or cancellation, its effective date and, in the case of a suspension, the duration.

• Marginal note:Reinstatement of authorization

  (5) The Minister may reinstate the authorization at the expiry of the period indicated in the notice of suspension or, on written request, at any time during the suspension if the matter that gave rise to the suspension has been resolved or corrected. The Minister may require the authorization holder to submit a request for amendment in order to reinstate the authorization.

Transitional Provision

Marginal note:SOR/2013-191

10 If an application for an authorization under paragraph 35(2)(b) of the Fisheries Act is made in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations before the coming into force of these Regulations, and the applicant has been notified by the Minister that the application is complete in accordance with the requirements of the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, then the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, as they read immediately before the coming into force of these Regulations, apply to the application.

Repeal

11 The Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act RegulationsFootnote ¹ are repealed.

• Return to footnote ¹SOR/2013-191

Coming into Force

Marginal note:S.C. 2019, c. 14

Footnote ^*12 These Regulations come into force on the day on which section 22 of An Act to amend the Fisheries Act and other Acts in consequence comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force August 28, 2019, see SI/2019-80.]