58 (1) If a source protection plan that is in effect designates an activity as an activity to which this section should apply and an area within which this section should apply to the activity, a person shall not engage in that activity at any location within that area unless a risk management plan has been agreed to or established under this section or section 56 for that activity at that location.  2006, c. 22, s. 58 (1). Transition (2) Subject to subsections (3) and (4), if an activity was engaged in at a particular location immediately before the source protection plan took effect, subsection (1) does not apply to a person who engages in the activity at that location.  2006, c. 22, s. 58 (2). Same (3) If an activity was engaged in at a particular location immediately before the source protection plan took effect and the source protection plan specifies a date for the purpose of this subsection, subsection (1) applies, on and after that date, to a person who engages in the activity at that location.  2006, c. 22, s. 58 (3). Same (4) If an activity was engaged in at a particular location immediately before the source protection plan took effect and the risk management official gives notice to a person who is engaged in the activity at that location that, in the opinion of the risk management official, subsection (1) should apply to the person, subsection (1) applies to a person who engages in the activity at that location on and after a date specified in the notice that is at least 120 days after the date the notice is given.  2006, c. 22, s. 58 (4). Agreement on risk management plan (5) Subject to subsections (15) and (16), a person engaged in an activity or proposing to engage in an activity and a risk management official may agree to a risk management plan for the activity at a particular location if, (a)  a source protection plan designates the activity as an activity to which this section should apply and an area within which this section should apply to the activity; and (b)  the location is in the area referred to in clause (a).  2006, c. 22, s. 58 (5). Notice of plan (6) If a risk management official and a person agree to a risk management plan under subsection (5), the risk management official shall provide written notice to the person and shall attach a copy of the plan to the notice.  2006, c. 22, s. 58 (6). Deadline for agreement (7) The risk management official may give a person a notice indicating that, if no risk management plan is agreed to under subsection (5) by a date specified in the notice, the risk management official intends to establish a risk management plan for the activity at the location.  2006, c. 22, s. 58 (7). Specified date (8) A date specified in a notice under subsection (7) shall be at least 120 days after the date the notice is given.  2006, c. 22, s. 58 (8). Waiving notice period (9) A person to whom a notice has been given under subsection (7) may consent in writing to the establishment of the risk management plan before the date specified in the notice.  2006, c. 22, s. 58 (9). Order establishing risk management plan (10) Subject to subsections (9), (15) and (16), if a notice is given under subsection (7) and no risk management plan is agreed to under subsection (5) by the date specified in the notice, the risk management official shall, by order, establish a risk management plan for the activity at the location.  2006, c. 22, s. 58 (10). Application for risk management plan (11) A person engaged in an activity or proposing to engage in an activity to which this section applies at a location within an area to which this section applies may apply to the risk management official for the establishment of a risk management plan for the activity at the location.  2006, c. 22, s. 58 (11). Order establishing plan (12) Subject to subsections (15) and (16), if an application is made under subsection (11), the risk management official shall, by order, establish a risk management plan for the activity at the location.  2006, c. 22, s. 58 (12). Amendment of risk management plan (13) Subject to subsections (14) and (17), subsections (5) to (12) apply, with necessary modifications, (a)  to the amendment of a risk management plan agreed to or established under this section; and (b)  to the amendment of a risk management plan agreed to or established under section 56, if, pursuant to subsection 56 (12), the plan cannot be amended under that section.  2006, c. 22, s. 58 (13). Amendment; deadline (14) For the purpose of subsection (13), the 120-day period referred to in subsection (8) may be shortened by the risk management official if, (a)  the risk management official is of the opinion that the amendment of the risk management plan is required to prevent a drinking water health hazard; and (b)  the notice given under subsection (7) sets out the reasons for the opinion referred to in clause (a).  2006, c. 22, s. 58 (14). Criteria for agreeing to or establishing risk management plan (15) Subject to subsection (16), a risk management official shall agree to or establish a risk management plan for an activity at a location under this section if, and only if, all applicable fees have been paid and, (a)  the risk management official, (i)  is satisfied that the risk management plan complies with the requirements, if any, of the regulations, rules and source protection plan, and (ii)  is satisfied that the activity will not be a significant drinking water threat if it is engaged in at that location in accordance with the risk management plan; or (b)  in circumstances prescribed under clause 55 (1) (h), a person with qualifications prescribed by the regulations has stated, in a form obtained from or approved by the Director, that the person, (i)  is satisfied that the risk management plan complies with the requirements, if any, of the regulations, rules and source protection plan, and (ii)  is satisfied that the activity will not be a significant drinking water threat if it is engaged in at that location in accordance with the risk management plan.  2006, c. 22, s. 58 (15). Refusal to establish plan (16) The risk management official may refuse to agree to or establish a risk management plan if the past conduct of the applicant or, if the applicant is a corporation, of its officers or directors, affords reasonable grounds to believe that the applicant will not engage in the activity in accordance with the risk management plan.  2006, c. 22, s. 58 (16). Application of subss. (15) and (16) to amendments (17) Subsections (15) and (16) apply, with necessary modifications, to the amendment of a risk management plan and, for that purpose, a reference in subsection (15) or (16) to a risk management plan shall be deemed to be a reference to the amended plan.  2006, c. 22, s. 58 (17). Compliance with risk management plan (18) If a risk management plan is agreed to or established under this section for an activity at a location, a person shall not engage in that activity at that location except in accordance with the plan.  2006, c. 22, s. 58 (18). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1