Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations (SOR/2013-191)

Regulations are current to 2019-06-20 and last amended on 2013-11-25. Previous Versions

Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations

SOR/2013-191

FISHERIES ACT

Registration 2013-10-25

Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations

P.C. 2013-1129 2013-10-24

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to paragraphs 43(1)(i.2)Footnote a and (i.4)Footnote a of the Fisheries ActFootnote b, makes the annexed Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Fisheries Act. (Loi)

offsetting plan

offsetting plan means the plan that provides for the implementation of measures to offset the serious harm to fish referred to in section 12 of Schedule 1. (plan compensatoire)

Application

Marginal note:Authorization required

 These Regulations apply to applications for authorization under paragraph 35(2)(b) of the Act that are made to the Minister of Fisheries and Oceans.

Authorization

Application for Authorization

Marginal note:Required information and documentation

  •  (1) Subject to section 4, an application for authorization under paragraph 35(2)(b) of the Act must be submitted to the Minister in writing and must include

    • (a) the information and documentation listed in Schedule 1; and

    • (b) an irrevocable letter of credit issued by a recognized Canadian financial institution to cover the costs of implementing the offsetting plan.

  • 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.

Application for Authorization — Emergency Circumstances

Marginal note:Required information — emergency circumstances

  •  (1) Only the information listed in Schedule 2 must be submitted 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

    • (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 or to the environment or property.

  • Marginal note:Non-application of sections 5 to 8

    (2) Sections 5 to 8 do not apply to an application referred to in subsection (1).

Processing of Application

Marginal note:Confirmation of receipt

 Subject to section 4, 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

  •  (1) Subject to sections 4 and 8, the Minister must, within a period of 60 days beginning on the date of receipt of the application, notify the applicant in writing as to whether the application is complete or incomplete. If the application is incomplete, the Minister must include in the notification a list of the information or documentation that is still to be provided.

  • Marginal note:Outstanding information or documentation

    (2) The Minister must, on receipt of any information or documentation listed in the notification, send to the applicant a confirmation of receipt that indicates the date of receipt. Subsection (1) applies again to the application, except that the period begins on the date indicated in the confirmation of receipt.

Marginal note:Application complete

 Subject to sections 4 and 8, the Minister must, within a period of 90 days beginning on the date of the notification that the 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

  •  (1) The time limit referred to in subsection 6(1) or section 7 ceases to apply in the following circumstances:

    • (a) the applicant proposes changes to the proposed work, undertaking or activity or to the offsetting plan that require the submission of additional or amended information or documentation before an authorization can be issued or a notification of refusal can be given;

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

    • (c) circumstances require that information or documentation other than that referred to in subsection 3(1) be obtained or that information or documentation submitted by the applicant be amended 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:Notification

    (2) If a time limit ceases to apply under subsection (1), the Minister must notify the applicant in writing and, if the cessation is due to a circumstance set out in paragraph (1)(c), (d) or (e), inform the applicant of the circumstance and, if applicable, the information or documentation that must be submitted.

  • Marginal note:Resumption of processing of application

    (3) The processing of the application is to resume as soon as

    • (a) the information or documentation referred to in paragraph (1)(a) or (c) has been obtained or amended;

    • (b) if paragraph (1)(b) applies, the Minister receives a written request from the applicant that the processing of the application be resumed;

    • (c) the consultation referred to in paragraph (1)(d) has been completed; or

    • (d) if paragraph (1)(e) applies, the decision has been made or the conditions have been met.

  • Marginal note:Time limit

    (4) The Minister must notify the applicant in writing of the date on which the processing of their application is resumed. The time limit set out in subsection 6(1) or section 7, as the case may be, applies to the application, except that the 60-day or 90-day period begins on the date of resumption.

Consequential Amendments to the Fishery (General) Regulations

 [Amendments]

Coming into Force

Marginal note:S.C. 2012, c. 19

Footnote * These Regulations come into force on the day on which subsection 149(2) of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

 
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