15.1.1 (1) No person shall proceed with an undertaking referred to in section 15 unless the person does so in accordance with the approved class environmental assessment and with subsections (5) to (9). The prohibitions in subsections 5 (3) and (4) do not apply with respect to such an undertaking. 2020, c. 18, Sched. 6, s. 21 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15.1.1 (1) of the Act is amended by striking out “The prohibitions in subsections 5 (3) and (4) do not apply with respect to such an undertaking” at the end. (See: 2020, c. 18, Sched. 6, s. 21 (2)) Exception (2) Despite subsection (1), a proponent of an undertaking referred to in section 15 may apply under subsection 5 (1) to the Minister for approval to proceed with the undertaking under Part II. Subsection (1) and subsections (5) to (9) do not apply with respect to such an undertaking and the prohibitions in subsections 5 (3) and (4) apply. 2020, c. 18, Sched. 6, s. 21 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15.1.1 (2) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 21 (3)) Exception (2) Despite subsection (1), a proponent of an undertaking referred to in section 15 may apply under subsection 17.2 (1) to the Minister for approval to proceed with the undertaking as a Part II.3 project. On and after the day the proponent applies under subsection 17.2 (1), the undertaking shall be deemed to be a Part II.3 project and Part II.3 applies in respect of it instead of this section. 2020, c. 18, Sched. 6, s. 21 (3). Same (3) Subsection (2) ceases to apply if the application for approval to proceed with the undertaking under Part II is withdrawn by the proponent. 2020, c. 18, Sched. 6, s. 21 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15.1.1 (3) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 21 (3)) Same (3) Subsection (2) ceases to apply if the application for approval to proceed with the undertaking as a Part II.3 project is withdrawn by the proponent. 2020, c. 18, Sched. 6, s. 21 (3). Same (4) Despite subsection (1), a proponent shall apply to the Minister for approval to proceed with an undertaking referred to in section 15 in accordance with Part II if the Minister makes an order under subsection 16 (1) requiring the proponent to comply with Part II. Subsection (1) and subsections (5) to (9) do not apply with respect to such an undertaking and the prohibitions in subsections 5 (3) and (4) apply. 2020, c. 18, Sched. 6, s. 21 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15.1.1 (4) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 21 (4)) Same (4) Despite subsection (1), if the Minister makes an order under subsection 16 (1) declaring an undertaking referred to in section 15 to be a Part II.3 project for the purposes of this Act, subsection (1) ceases to apply with respect to the project and Part II.3 applies. 2020, c. 18, Sched. 6, s. 21 (4). Limitation on proceeding (5) Despite anything in an approved class environmental assessment, no person shall proceed with an undertaking referred to in section 15 until at least 30 days, or such other number of days as may be prescribed, after the end of the comment period provided for in a notice of completion issued under the approved class environmental assessment, as that comment period may be extended in accordance with the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Same, non-application (5.1) Subject to any prescribed limitations, the Minister may, by order, provide that subsection (5) ceases to apply to an undertaking immediately, or on a date specified in the order. 2023, c. 5, Sched. 1, s. 2 (1). Same (5.2) An order under subsection (5.1) may only be made after the end of the comment period referred to in subsection (5), as that comment period may be extended. 2023, c. 5, Sched. 1, s. 2 (1). Same (5.3) An order made under subsection (5.1) with respect to an undertaking does not apply to a change to the undertaking and, for greater certainty, subsection (10) applies to the change and the Minister may make an order under subsection (5.1) with respect to the change. 2023, c. 5, Sched. 1, s. 2 (1). Same (6) Despite subsection (5), if a notice of a proposed order is given to a proponent by the Director under subsection 16.1 (2), subsection (5) does not apply and no person shall proceed with the undertaking until at least 30 days, or such other number of days as may be prescribed, after the day the notice of the proposed order was given, subject to subsection (7). 2020, c. 18, Sched. 6, s. 21 (1). Same (7) If a notice of a proposed order includes a request for information made by the Director under subsection 16.1 (4), subsections (5) and (6) do not apply and the proponent shall not proceed with the undertaking until, (a)  if the proponent provides all the requested information on or before the deadline specified in the notice of a proposed order and receives a notice of satisfactory response from the Director under clause 16.1 (6) (a), at least 30 days, or such other number of days as may be prescribed, after the Director gives the proponent a notice of satisfactory response under clause 16.1 (6) (a); or (b)  if the proponent fails to provide all the requested information on or before the deadline specified in the notice of a proposed order and receives a notice of unsatisfactory response from the Director under clause 16.1 (7) (a), at least 30 days, or such other number of days as may be prescribed, that follows the comment period provided for in, (i)  a new notice of completion that the proponent is required to issue under clause 16.1 (7) (c), or (ii)  any further notice of completion that may be required of the proponent under subsection 16.1 (9), until such time as the Director is satisfied that all the information requested in the notice of the proposed order has been provided by the proponent in the notice of completion. 2020, c. 18, Sched. 6, s. 21 (1). (8) Repealed: 2023, c. 5, Sched. 1, s. 2 (2). Same, application for s. 16 order (9) Despite anything in an approved class environmental assessment, if a request is made under subsection 16 (6) for the Minister to make an order under section 16 in respect of an undertaking that is proceeding under the approved class environmental assessment, no person shall proceed with the undertaking while the Minister’s decision with respect to the request is still pending. 2020, c. 18, Sched. 6, s. 21 (1). Change to undertaking (10) This section applies with necessary modifications to a change to an undertaking that has been authorized to proceed in accordance with an approved class environmental assessment and, for the purposes of the application of subsections (5) to (9) to such a change, any reference in those subsections to a notice of completion shall be deemed to be a reference to a notice of addendum issued with respect to the change to the undertaking under the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 21 (2-4), 26 - not in force 2023, c. 5, Sched. 1, s. 2 (1, 2) - 18/05/2023