Authorizations Concerning Fish and Fish Habitat Protection Regulations

Marginal note:Amendment, suspension or cancellation by Minister

• 9 (1) The Minister may, on the Minister’s own initiative, amend or suspend, in whole or in part, or cancel any authorization if

  • (a) the Minister has reasonable grounds to believe that the conditions established by the Minister in the authorization have not been or will not be met;

  • (b) the Minister has reasonable grounds to believe that the authorization was obtained by fraudulent or improper means or by the misrepresentation of a material fact;

  • (c) the Minister becomes aware of new information that demonstrates that the death of fish or the harmful alteration, disruption or destruction of fish habitat is or will be significantly greater than anticipated by the Minister at the time of issuance of the authorization; or

  • (d) the authorization holder has not paid a fine imposed on them under the Act.

• Marginal note:Notice and representations

  (2) If the Minister intends to amend or suspend, in whole or in part, or cancel the authorization, the Minister must notify the authorization holder in writing of this intention and give the authorization holder an opportunity to make written representations.

• Marginal note:Suspension in urgent situations

  (3) Despite subsection (2), the Minister may suspend an authorization, in whole or in part, without giving the authorization holder an opportunity to make written representations if the suspension is required to prevent the imminent death of fish or the imminent harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Notice of amendment, suspension or cancellation

  (4) If the authorization is amended or suspended, in whole or in part, or cancelled by the Minister, the Minister must notify the authorization holder in writing of the amendment, suspension or cancellation, its effective date and, in the case of a suspension, the duration.

• Marginal note:Reinstatement of authorization

  (5) The Minister may reinstate the authorization at the expiry of the period indicated in the notice of suspension or, on written request, at any time during the suspension if the matter that gave rise to the suspension has been resolved or corrected. The Minister may require the authorization holder to submit a request for amendment in order to reinstate the authorization.