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| Form and
content of
applications
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105. An application for
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(a) approval of an operating plan,
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(b) assignment of an approved operating
plan, or
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(c) a Certificate of Completion
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must be in accordance with the regulations
made under paragraph 116(d) and must be
accompanied by any applicable fee that is
required by virtue of regulations made under
paragraph 116(l).
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| Security may
be required
|
106. (1) Where there is a risk of significant
adverse environmental effect from a planned
Class II, Class III or Class IV placer land use
operation, the person giving the Class II
Notification, the applicant for approval of an
operating plan, the holder of an approved
operating plan, or the prospective assignee of
an approved operating plan, as the case may
be, may be required by the Chief to furnish and
maintain security with the Minister, in an
amount specified in, or determined in
accordance with, the regulations made under
paragraph 116(m) and in a form prescribed by
or pursuant to those regulations or a form
satisfactory to the Minister.
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| Past
performance
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(2) In assessing, under subsection (1),
whether there is a risk of significant adverse
environmental effect, the past performance of
the person giving the Notification, the
applicant, holder or prospective assignee, as
the case may be, may be considered.
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| How security
may be
applied
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(3) Security furnished under subsection (1)
may be applied by the Minister to reimburse
Her Majesty, either fully or partially, for
reasonable costs incurred by Her Majesty
pursuant to subsection 113(7) or 114(1),
subject to subsection (4).
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| Limitation
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(4) Subsection (3) applies in respect of costs
incurred pursuant to subsection 114(1) only to
the extent that the incurring of those costs was
based on subparagraph 114(1)(b)(i).
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| Limitation
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(5) The amount of security that the Minister
may apply pursuant to subsection (3) in
respect of any particular incident or matter
may not exceed in the aggregate the amount of
the security referred to in subsection (1).
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| Return of
security
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(6) Where
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(a) a Certificate of Completion has been
issued, or
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(b) an approved operating plan has been
assigned,
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any portion of the security that, in the
Minister's opinion, will not be required under
subsection (3) shall forthwith be returned to
the certificate holder (where paragraph (a)
applies) or the assignor (where paragraph (b)
applies).
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| Minor
amendments
to operation
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107. Where an operator of a Class II placer
land use operation requests an inspector,
orally or in writing, to amend the terms of the
operation in a minor way, and the inspector is
satisfied that the requested amendment poses
no risk of significant adverse environmental
effect, the inspector may issue a variation
notice amending the terms of the operation as
set out in the Class II Notification.
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| Amendment
or renewal of
operating plan
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108. (1) The Chief may, on written
application by the holder of an approved
operating plan, approve an amendment to, or
renewal of, that plan.
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| Application of
certain
provisions
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(2) Sections 102, 105 and 106 apply, with
such modifications as the circumstances
require, in respect of an amendment to, or
renewal of, an approved operating plan
pursuant to this section.
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| Minor
amendments
to plan
|
109. Where an operator of a Class III or
Class IV placer land use operation requests an
inspector, orally or in writing, to amend the
operating plan in a minor way, and the
inspector is satisfied that the requested
amendment poses no risk of significant
adverse environmental effect, the inspector
may issue a variation notice amending the
operating plan.
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| Assignment of
approved
operating plan
|
110. (1) The Chief shall, on written
application by the holder of an approved
operating plan, authorize the assignment of
that plan if
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(a) the prospective assignee
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(i) undertakes in writing to comply with
the plan, and
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(ii) furnishes any security that is required
from the prospective assignee pursuant to
section 106; and
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(b) the Chief is satisfied that the assignment
would not be likely to result in a
contravention of any condition of the plan
or of any provision of this Part or the
regulations.
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| Plan not
otherwise
assignable
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(2) Except as provided in this section, an
approved operating plan is not assignable.
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| Inspectors and
Chief
|
111. (1) The Minister may designate as an
inspector, or as the Chief of Placer Land Use,
for the purposes of this Part, any person that
the Minister considers qualified.
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| Certificate to
be produced
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(2) The Minister shall furnish every
inspector with a certificate of designation as
an inspector, and on entering any place an
inspector shall, if so requested, produce the
certificate to the person in charge thereof.
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| Powers of
inspectors
|
112. (1) Subject to this section, an inspector
may at any reasonable time, for the purpose of
ensuring compliance with this Part,
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(a) enter any place in which the inspector
believes on reasonable grounds that an
activity to which this Part applies is being,
or has been, carried out; and
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(b) conduct such inspections as the
inspector deems necessary, including
examining books, records or documents
and making copies thereof or taking
extracts therefrom, taking samples of
minerals or other substances, conducting
tests and taking measurements.
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| Exception
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(2) No inspector may enter, without the
consent of the occupant, any place that is
designed to be used and is being used as a
permanent or temporary dwelling place.
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| Inspector to
announce
arrival
|
(3) Before exercising powers under
paragraph (1)(b), an inspector shall make
reasonable efforts to ascertain whether anyone
responsible for the place entered is present
and, if so, the inspector shall announce the
inspector's arrival to that person.
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| Assistance to
inspectors
|
(4) The person in charge of any place
referred to in this section, and every person
found therein, shall give an inspector all
reasonable assistance to enable the inspector
to carry out the inspector's duties under this
Part, and shall furnish the inspector with such
information with respect to the administration
of this Part as the inspector may reasonably
request.
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| Directions by
inspector
|
113. (1) Where an inspector believes on
reasonable grounds that an operator
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(a) has contravened, or may be about to
contravene, this Part, or
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(b) has or is engaged in an activity that is
resulting in, or may result in, unnecessary
danger to persons, property or the
environment,
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the inspector may direct the operator to take
such reasonable measures as the inspector
may specify, including the cessation of an
activity, to prevent the contravention or the
unnecessary danger or their continuation or
repetition.
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| Where
direction may
be posted
|
(2) Where an inspector is unable to give a
direction to the operator after making
reasonable efforts to do so, the inspector may
post the direction in a conspicuous place on
the operator's premises, whereupon the
direction is deemed to have been given to the
operator.
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| Review of
inspector's
direction by
Chief
|
(3) Where an inspector gives a direction to
a person under this section, the Chief
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(a) if so requested by the person at any time,
shall forthwith review the direction and
shall, after completion of that review,
confirm, alter or revoke the direction; or
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(b) may, at any time, on the Chief's own
initiative, review the direction and shall,
after completion of any such review,
confirm, alter or revoke the direction.
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| Review of
Chief's
decision by
Minister
|
(4) Where the person referred to in
subsection (3) requests the Minister to review
a decision of the Chief made under that
subsection, the Minister
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(a) shall, if the request is made within
ninety days after the person was notified of
the Chief's decision, forthwith review the
decision;
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(b) may, if the request is made after the
ninety day period mentioned in paragraph
(a), review the decision; and
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(c) shall, after completion of a review
referred to in paragraph (a) or (b), confirm
or alter the decision or substitute a new
decision therefor.
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| Revocation of
certain
directions
|
(5) An inspector, on being satisfied that the
situation that led to giving a direction to cease
an activity no longer exists, shall forthwith
revoke that direction.
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| Direction to
be complied
with
|
(6) A person to whom a direction is given
under this section shall comply with the
direction.
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| Inspector may
take measures
|
(7) Where a person to whom a direction is
given under this section does not comply with
the direction, an inspector may, with the
consent of the Chief, take the measures set out
in the direction and may, for that purpose,
enter any place, subject to subsection 112(2).
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| Recovery of
Her Majesty's
costs
|
(8) Any portion of the reasonable costs
incurred by Her Majesty pursuant to
subsection (7) that is not recoverable from the
security referred to in section 106
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(a) because of the non-existence or
inadequacy of that security,
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(b) because all or a portion of that security
has been returned pursuant to subsection
106(6), or
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may be recovered from the person to whom
the direction under this section was given, as
a debt due to Her Majesty.
|
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| Termination
or
abandonment
|
114. (1) Where an inspector believes, on
reasonable grounds, that
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(a) a person has terminated, temporarily or
permanently, or has abandoned a placer
land use operation, and
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(i) the person has contravened a
condition of an approved operating plan,
or any provision of this Part or the
regulations, whether or not the condition
or provision relates to termination or
abandonment, or
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(ii) a danger to persons, property or the
environment may result from the past
placer land use operation or from its
termination or abandonment,
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the inspector may, after making reasonable
efforts to contact the person, take any
reasonable measures to prevent, counteract,
mitigate or remedy any resulting adverse
effect on persons, property or the
environment, and for that purpose may enter
any place, subject to subsection 112(2).
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| Recovery of
Her Majesty's
costs
|
(2) Any portion of the reasonable costs
incurred by Her Majesty pursuant to
subsection (1) that is not recoverable from the
security referred to in section 106
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(a) because of the non-existence or
inadequacy of that security,
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(b) because all or a portion of that security
has been returned pursuant to subsection
106(6), or
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may be recovered from the person referred to
in subsection (1) as a debt due to Her Majesty,
to the extent that the incurring of those costs
was based on subparagraph (1)(b)(i).
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| Obstruction
|
115. (1) No person shall wilfully obstruct or
otherwise interfere with an inspector or the
Chief when the inspector or Chief is engaged
in carrying out functions under this Part.
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| False
statements
|
(2) No person shall knowingly make a false
or misleading statement, either orally or in
writing, to an inspector or the Chief when the
inspector or Chief is engaged in carrying out
functions under this Part.
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| Regulations
|
116. The Governor in Council may make
regulations
|
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|
(a) prescribing lands and categories of lands
in respect of which this Part, any provision
of this Part, the regulations, or any
provision of the regulations, applies;
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(b) prescribing operating conditions
applicable to Class I, II, III or IV placer land
use operations or to any activity or group of
activities included in any such operation;
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(c) prescribing the criteria that determine
whether a placer land use operation is a
Class I, II, III or IV placer land use
operation;
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(d) prescribing the form of the Class II
Notification and of applications referred to
in section 105, the information to be
submitted in connection with a Class II
Notification or such application, and the
form in which any of that information is to
be submitted;
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(e) respecting the minimum time interval
between giving a Class II Notification and
commencing to engage in the Class II
placer land use operation;
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(f) for the purposes of section 103,
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(i) prescribing the form of, and the
manner in which the Chief must give, the
notification under that section, and
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(ii) prescribing the circumstances in
which that notification is deemed to have
been received by the person in question;
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(g) prescribing forms, in addition to any
forms prescribed under paragraph (d);
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(h) for the purposes of subsection 102(5),
and for the purposes of that subsection in its
application, pursuant to subsection 108(2),
to amendments and renewals, respecting
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|
(i) the circumstances in which
notification to the public of a planned
placer land use operation is, or is not,
required,
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(ii) the circumstances in which a public
consultation is, or is not, required,
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|
(iii) the manner of notifying the public of
a planned placer land use operation or
about a public consultation,
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|
(iv) the manner in which a public
consultation shall be held, and
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(v) the person or persons who shall
conduct a public consultation;
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|
(i) prescribing conditions, including
duration or maximum duration, of
operating plans, including conditions
requiring reclamation of the site;
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|
(j) respecting the exercise by the Chief of
the power to approve operating plans,
amendments thereto and renewals thereof;
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(k) respecting the procedure and the time
limits to be observed in respect of the
approval of operating plans, amendments
thereto and renewals thereof, the review of
inspectors' directions under subsection
113(3) and of the Chief's decisions under
subsection 113(4), and the issue of
Certificates of Completion under
subsections 104(1) and (2);
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(l) prescribing fees to be paid for making
any application, or for requesting a review
mentioned in subsection 113(3) or (4), and
prescribing the times at which and the
manner in which such fees must be paid;
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