Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
Full Document:
Assented to 2012-06-29
158. Subsection 129(2) of the Act is replaced by the following:
Marginal note:Duration of permit
(2) A Canadian permit shall specify that it is valid for a particular date or dates or for a particular period that shall not exceed one year. For greater certainty, this subsection applies to each renewal of a permit issued under subsection 127(1).
159. (1) Subsection 133(1) of the Act is replaced by the following:
Marginal note:Publication
133. (1) When issuing a Canadian permit or varying any of its conditions, the Minister shall publish the text of the permit or the varied condition, as the case may be, in the Environmental Registry.
(2) Subsection 133(1) of the Act is replaced by the following:
Marginal note:Publication
133. (1) When issuing a Canadian permit or varying any of its conditions or renewing a permit issued under subsection 127(1), the Minister shall publish the text of the permit, the varied condition or the renewed permit, as the case may be, in the Environmental Registry.
(3) Paragraph 133(2)(b) of the Act is replaced by the following:
(b) in every other case, at least seven days before the effective date of the permit or of the variation of its conditions.
(4) Paragraph 133(2)(b) of the Act is replaced by the following:
(b) in every other case, at least seven days before the effective date of the permit, the variation of its conditions or its renewal.
160. (1) Subsection 134(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) renews or refuses to renew a permit issued under subsection 127(1); or
(2) The portion of subsection 134(2) of the Act before paragraph (b) is replaced by the following:
Marginal note:Time for filing notice of objection
(2) The notice of objection shall be filed within seven days after
(a) the date the text of the Canadian permit is published in the Environmental Registry; or
(3) Paragraph 134(2)(a) of the Act is replaced by the following:
(a) the date the text of the Canadian permit or the permit renewed under subsection 127(1), as the case may be, is published in the Environmental Registry; or
(4) Paragraph 134(2)(b) of the English version of the Act is replaced by the following:
(b) the date the person receives a notice from the Minister that the Canadian permit has been refused, suspended or revoked, that its conditions have been varied or that the renewal of a permit issued under subsection 127(1) has been refused.
161. (1) Subsection 135(1) of the Act is amended by adding the following after paragraph (b):
(b.1) respecting time limits for issuing permits under subsection 127(1) or for refusing to issue them, specifying the circumstances under which any of those time limits do not apply and authorizing the Minister to extend any of those time limits or to decide that a time limit does not apply when the Minister considers that it is appropriate to do so;
(2) Subsection 135(1) of the Act is amended by adding the following before paragraph (c):
(b.2) respecting the renewal of permits under subsection 127(1), including regulations respecting time limits for renewing them or for refusing to renew them, specifying the circumstances under which any of those time limits do not apply and authorizing the Minister to extend any of those time limits or to decide that a time limit does not apply when the Minister considers that it is appropriate to do so;
Marginal note:2005, c. 23 s. 26
(3) Paragraph 135(3)(a) of the Act is replaced by the following:
(a) prescribing the form of an application for a Canadian permit or for the renewal of a permit issued under subsection 127(1);
Marginal note:2005, c. 23 s. 26
(4) Paragraph 135(3)(b) of the English version of the Act is replaced by the following:
(b) specifying the information required to be contained in or to accompany an application referred to in paragraph (a);
Coming into Force
Marginal note:Order in council
162. Sections 157 and 158 and subsections 159(2) and (4), 160(1), (3) and (4) and 161(2) and (3) come into force on a day or days to be fixed by order of the Governor in Council.
Division 72002, c. 29Species at Risk Act
163. (1) Section 73 of the Species at Risk Act is amended by adding the following after subsection (6):
Marginal note:Date of expiry
(6.1) The agreement or permit must set out the date of its expiry.
(2) Subsection 73(9) of the Act is repealed.
(3) Section 73 of the Act is amended by adding the following after subsection (10):
Marginal note:Time limits
(11) The regulations may include provisions
(a) respecting time limits for issuing or renewing permits, or for refusing to do so;
(b) specifying the circumstances under which any of those time limits does not apply; and
(c) authorizing the competent minister to extend any of those time limits or to decide that a time limit does not apply, when the competent minister considers that it is appropriate to do so.
164. Paragraph 74(a) of the Act is replaced by the following:
(a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6.1) are met; and
165. Section 77 of the Act is amended by adding the following after subsection (1):
Marginal note:Non-application
(1.1) Subsection (1) does not apply to the National Energy Board when it issues a certificate under an order made under subsection 54(1) of the National Energy Board Act.
166. Paragraph 78(1)(a) of the Act is replaced by the following:
(a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (6.1) are met;
167. The Act is amended by adding the following after section 78:
Marginal note:Clarification — renewals
78.1 For greater certainty, a reference in any of sections 73 to 78 to the entering into, issuing, making or approving of any agreement, permit, licence, order or other similar document or authorization, includes renewing it, and a reference in any of those sections or in paragraph 97(1)(c) to any such document or authorization includes one that has been renewed.
168. (1) Subsection 97(1) of the Act is replaced by the following:
Marginal note:Offences
97. (1) Every person commits an offence who
(a) contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92;
(b) contravenes a prescribed provision of a regulation or an emergency order;
(c) fails to comply with a term or condition of a permit issued under subsection 73(1); or
(d) fails to comply with an alternative measures agreement that the person has entered into under this Act.
Marginal note:Penalty
(1.1) Every person who commits an offence under subsection (1) is liable
(a) on conviction on indictment,
(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000,
(ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and
(iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction,
(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000,
(ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and
(iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:Exception
(1.2) Paragraph (1)(c) does not apply in respect of the failure to comply with any term or condition of any agreement, permit, licence, order or other similar document referred to in section 74 or subsection 78(1).
(2) Subsection 97(3) of the Act is replaced by the following:
Marginal note:Subsequent offence
(3) For a second or subsequent conviction, the amount of the fine may, despite subsection (1.1), be double the amount set out in that subsection.
(3) Subsection 97(7) of the Act is replaced by the following:
Definition of “non-profit corporation”
(7) For the purposes of subsection (1.1), “non-profit corporation” means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation.
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