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Bill C-6

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Applications

Form and content of applications

105. An application for

    (a) approval of an operating plan,

    (b) assignment of an approved operating plan, or

    (c) a Certificate of Completion

must be in accordance with the regulations made under paragraph 116(d) and must be ac companied by any applicable fee that is re quired by virtue of regulations made under paragraph 116(l).

Security

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 accor dance with, the regulations made under para graph 116(m) and in a form prescribed by or pursuant to those regulations or a form satisfactory to the Minister.

Past performance

(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 appli cant, holder or prospective assignee, as the case may be, may be considered.

How security may be applied

(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).

Limitation

(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).

Limitation

(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).

Return of security

(6) Where

    (a) a Certificate of Completion has been issued, or

    (b) an approved operating plan has been assigned,

any portion of the security that, in the Minis ter's opinion, will not be required under sub section (3) shall forthwith be returned to the certificate holder (where paragraph (a) ap plies) or the assignor (where paragraph (b) ap plies).

Inspector's Power to Amend Class II Land Use Operations

Minor amendments to operation

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.

Amendment and Renewal of Operating Plans

Amendment or renewal of operating plan

108. (1) The Chief may, on written applica tion by the holder of an approved operating plan, approve an amendment to, or renewal of, that plan.

Application of certain provisions

(2) Sections 102, 105 and 106 apply, with such modifications as the circumstances re quire, in respect of an amendment to, or renewal of, an approved operating plan pur suant to this section.

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 ad verse environmental effect, the inspector may issue a variation notice amending the operat ing plan.

Assignment

Assignment of approved operating plan

110. (1) The Chief shall, on written applica tion by the holder of an approved operating plan, authorize the assignment of that plan if

    (a) the prospective assignee

      (i) undertakes in writing to comply with the plan, and

      (ii) furnishes any security that is required from the prospective assignee pursuant to section 106; and

    (b) the Chief is satisfied that the assignment would not be likely to result in a contraven tion of any condition of the plan or of any provision of this Part or the regulations.

Plan not otherwise assignable

(2) Except as provided in this section, an approved operating plan is not assignable.

Inspection and Enforcement

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.

Certificate to be produced

(2) The Minister shall furnish every inspec tor 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.

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,

    (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

    (b) conduct such inspections as the inspec tor deems necessary, including examining books, records or documents and making copies thereof or taking extracts therefrom, taking samples of minerals or other sub stances, conducting tests and taking mea surements.

Exception

(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.

Inspector to announce arrival

(3) Before exercising powers under para graph (1)(b), an inspector shall make reason able 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.

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.

Directions by inspector

113. (1) Where an inspector believes on reasonable grounds that an operator

    (a) has contravened, or may be about to contravene, this Part, or

    (b) has or is engaged in an activity that is resulting in, or may result in, unnecessary danger to persons, property or the environ ment,

the inspector may direct the operator to take such reasonable measures as the inspector may specify, including the cessation of an ac tivity, to prevent the contravention or the un necessary danger or their continuation or repe tition.

Where direction may be posted

(2) Where an inspector is unable to give a direction to the operator after making reason able 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.

Review of inspector's direction by Chief

(3) Where an inspector gives a direction to a person under this section, the Chief

    (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

    (b) may, at any time, on the Chief's own initiative, review the direction and shall, after completion of any such review, con firm, alter or revoke the direction.

Review of Chief's decision by Minister

(4) Where the person referred to in subsec tion (3) requests the Minister to review a decision of the Chief made under that subsec tion, the Minister

    (a) shall, if the request is made within ninety days after the person was notified of the Chief's decision, forthwith review the decision;

    (b) may, if the request is made after the ninety day period mentioned in paragraph (a), review the decision; and

    (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.

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.

Direction to be complied with

(6) A person to whom a direction is given under this section shall comply with the direction.

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).

Recovery of Her Majesty's costs

(8) Any portion of the reasonable costs incurred by Her Majesty pursuant to subsec tion (7) that is not recoverable from the security referred to in section 106

    (a) because of the non-existence or inade quacy of that security,

    (b) because all or a portion of that security has been returned pursuant to subsection 106(6), or

    (c) for any other reason

may be recovered from the person to whom the direction under this section was given, as a debt due to Her Majesty.

Termination or abandonment

114. (1) Where an inspector believes, on reasonable grounds, that

    (a) a person has terminated, temporarily or permanently, or has abandoned a placer land use operation, and

    (b) either

      (i) the person has contravened a condi tion 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

      (ii) a danger to persons, property or the environment may result from the past placer land use operation or from its termination or abandonment,

the inspector may, after making reasonable ef forts to contact the person, take any reason able measures to prevent, counteract, mitigate or remedy any resulting adverse effect on per sons, property or the environment, and for that purpose may enter any place, subject to sub section 112(2).

Recovery of Her Majesty's costs

(2) Any portion of the reasonable costs incurred by Her Majesty pursuant to subsec tion (1) that is not recoverable from the security referred to in section 106

    (a) because of the non-existence or inade quacy of that security,

    (b) because all or a portion of that security has been returned pursuant to subsection 106(6), or

    (c) for any other reason

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).

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.

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.

Regulations

Regulations

116. The Governor in Council may make regulations

    (a) prescribing lands and categories of lands in respect of which this Part, any provision of this Part, the regulations, or any provi sion of the regulations, applies;

    (b) prescribing operating conditions appli cable to Class I, II, III or IV placer land use operations or to any activity or group of activities included in any such operation;

    (c) prescribing the criteria that determine whether a placer land use operation is a Class I, II, III or IV placer land use operation;

    (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;

    (e) respecting the minimum time interval between giving a Class II Notification and commencing to engage in the Class II placer land use operation;

    (f) for the purposes of section 103,

      (i) prescribing the form of, and the manner in which the Chief must give, the notification under that section, and

      (ii) prescribing the circumstances in which that notification is deemed to have been received by the person in question;

    (g) prescribing forms, in addition to any forms prescribed under paragraph (d);

    (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

      (i) the circumstances in which notifica tion to the public of a planned placer land use operation is, or is not, required,

      (ii) the circumstances in which a public consultation is, or is not, required,

      (iii) the manner of notifying the public of a planned placer land use operation or about a public consultation,

      (iv) the manner in which a public con sultation shall be held, and

      (v) the person or persons who shall conduct a public consultation;

    (i) prescribing conditions, including dura tion or maximum duration, of operating plans, including conditions requiring recla mation of the site;

    (j) respecting the exercise by the Chief of the power to approve operating plans, amendments thereto and renewals thereof;

    (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 Certifi cates of Completion under subsections 104(1) and (2);

    (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;

    (m) respecting

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