Bill C-6
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Development and Production |
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| Licence
required
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139. (1) No person shall engage in develop
ment or production otherwise than in accor
dance with a licence, except as permitted by
subsection 135(2) or section 140.
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| Minister may
issue licences
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(2) Subject to this Part and the regulations
made thereunder, the Minister may issue a
licence to a person who makes written ap
plication therefor.
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| Public
notification
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(3) If any regulations made under paragraph
153(h) are applicable, the Minister may not
issue a licence until the applicant has notified
the public, in the manner directed by the
Minister, of the activities that the licence
would authorize.
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| Minister may
require public
consultation
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(4) The Minister may require that a public
consultation be held in connection with an
application for a licence, and in that case the
Minister may not issue the licence until the
public consultation has been held in accor
dance with the Minister's directions.
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| Regulations
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(5) For the purposes of subsections (3) and
(4), the Minister shall act in accordance with
any regulations made under paragraph 153(h)
or (i), respectively.
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| Conditions of
licence
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(6) Subject to this Part and the regulations
made thereunder, the Minister may include in
a licence any conditions related to this Part
that the Minister considers appropriate, in
cluding conditions requiring reclamation of
the site during and after development and
production.
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| Special case
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140. A person who is engaged in a Class III
or Class IV exploration program in accor
dance with an approved operating plan may,
despite having decided to engage in develop
ment, continue, while the plan is in effect, to
engage in the activities authorized by the plan
or any amendment thereto, without having a
licence, until a licence is issued.
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| Certificate of
Closure
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141. (1) Where the Minister is satisfied that
a development or production activity has been
terminated and that the licensee has complied
with all provisions of the licence and of this
Part and the regulations made thereunder, the
Minister shall, on written application by the
licensee, issue to the licensee a Certificate of
Closure to that effect, in prescribed form.
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| Effect of
Certificate of
Closure
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(2) A document purporting to be a Certifi
cate of Closure is admissible in evidence in
any court without proof of the signature or
official character of the person appearing to
have signed it, and is, unless the contrary is
shown, proof of the matters asserted in it.
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Applications |
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| Form and
content of
applications
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142. An application for
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must be in accordance with the regulations
made under paragraph 153(d) and must be ac
companied by any applicable fee that is re
quired by virtue of regulations made under
paragraph 153(m).
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Security |
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| Security may
be required
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143. (1) Where there is a risk of significant
adverse environmental effect from a planned
Class II, Class III or Class IV exploration
program or from planned development or
production,
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to furnish and maintain security with the Min
ister, in an amount specified in, or determined
in accordance with, the regulations made un
der paragraph 153(n) 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 appli
cant, holder, licensee 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 150(7) or 151(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 151(1) only to
the extent that the incurring of those costs was
based on subparagraph 151(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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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).
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Inspector's Power to Amend Class II Exploration Programs |
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| Minor
amendments
to program
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144. Where an operator of a Class II
exploration program requests an inspector,
orally or in writing, to amend the terms of the
program 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 program as
set out in the Class II Notification.
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Amendment and Renewal of Operating Plans and Licences |
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| Amendment
or renewal of
operating plan
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145. (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.
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| Amendment
or renewal of
licence
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(2) The Minister may, on written applica
tion by a licensee,
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| Application of
certain
provisions
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(3) Sections 136, 139, 142 and 143 apply,
with such modifications as the circumstances
require, in respect of an amendment to, or
renewal of, an approved operating plan or a
licence pursuant to this section.
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| Minor
amendments
to plan or
licence
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146. Where an operator of a Class III or
Class IV exploration program, or a licensee,
requests an inspector, orally or in writing, to
amend in a minor way the operating plan or the
licence, as the case may be, and the inspector
is satisfied that the requested amendment
poses no risk of significant adverse environ
mental effect, the inspector may issue a
variation notice amending the operating plan
or licence.
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Assignment |
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| Assignment of
approved
operating plan
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147. (1) The Chief shall, on written applica
tion by the holder of an approved operating
plan, authorize the assignment of that plan if
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| Assignment of
licence
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(2) The Minister shall, on written applica
tion by a licensee, authorize the assignment of
the licensee's licence if
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| Plan, licence
not otherwise
assignable
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(3) Except as provided in this section, an
approved operating plan or a licence is not
assignable.
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Inspection and Enforcement |
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| Inspectors and
Chief
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148. (1) The Minister may designate as an
inspector, or as the Chief of Mining 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 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.
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| Powers of
inspectors
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149. (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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| 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
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(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.
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| Assistance to
inspectors
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(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
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150. (1) Where an inspector believes on
reasonable grounds that an operator
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the inspector may direct the operator in writ
ing to take such reasonable measures as the in
spector 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
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(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.
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| Review of
inspector's
direction by
Chief
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(3) Where an inspector gives a direction to
a person under this section, the Chief
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| Review of
Chief's
decision by
Minister
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(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
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| Revocation of
certain
directions
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(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
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(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
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(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 149(2).
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| Recovery of
Her Majesty's
costs
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(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 143
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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
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151. (1) Where an inspector believes, on
reasonable grounds, that
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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 149(2).
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| Recovery of
Her Majesty's
costs
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(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 143
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