Authorizations Concerning Fish and Fish Habitat Protection Regulations

Marginal note:Application

• 4 (1) This section applies to applications referred to in section 2.

• Marginal note:Confirmation of receipt

  (2) 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

  (3) Subject to subsections (6) and (8), the Minister must, within a period of 60 days beginning on the day on which the application is received, notify the applicant in writing that the application is complete, incomplete or inadequate. If the application is incomplete or inadequate, the notification must specify the information or documents to be provided.

• Marginal note:Subsection (3) applies again

  (4) The Minister must, on receipt of any information or documents set out in the notification, send to the applicant a confirmation of receipt that indicates the date of receipt. Subsection (3) applies again to the application, except that the period begins on the date indicated in the confirmation of receipt.

• Marginal note:Minister’s decision

  (5) Subject to subsections (6) and (8), the Minister must, within a period of 90 days beginning on the date of the notification informing the applicant that their 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

  (6) The time limit referred to in subsection (3) or (5) ceases to apply if

  • (a) the applicant proposes amendments to their application;

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

  • (c) circumstances require that information or documents other than those referred to in subsection 2(1) be obtained or that amendments to the information or documents submitted by the applicant be made 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:Notice

  (7) If a time limit ceases to apply, the Minister must notify the applicant in writing and, if it ceases to apply for a reason set out in any of paragraphs (6)(c), (d) and (e), inform the applicant of the reason and, if applicable, the information or documents that must be submitted.

• Marginal note:Time limit starts over

  (8) The time limit referred to in subsection (3) or (5) starts over as soon as all of the following conditions have been met:

  • (a) all information or documents in support of the proposed amendments have been received, in the case referred to in paragraph (6)(a);

  • (b) the Minister receives a request in writing that the processing of the application be resumed, in the case referred to in paragraph 6(b);

  • (c) the information or documents referred to in paragraph (6)(c) have been obtained or amended;

  • (d) the consultation referred to in paragraph (6)(d) has been conducted;

  • (e) the decision has been made or the conditions have been met, in the case referred to in paragraph (6)(e).

• Marginal note:Notice

  (9) The Minister must notify the applicant in writing of the day on which the time limit referred to in subsection (3) or (5) starts over.