16 (1) The Minister may by order require a proponent to comply with Part II before proceeding with a proposed undertaking referred to in section 15. 2020, c. 18, Sched. 6, s. 25 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 25 (2)) Order to comply with Part II.3 (1) The Minister may make an order declaring a proposed undertaking referred to in section 15 to be a Part II.3 project. 2020, c. 18, Sched. 6, s. 25 (2). Same (2) In an order under subsection (1), the Minister may do the following: 1.  Set out directions with respect to the terms of reference governing the preparation of an environmental assessment for the undertaking. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 16 (2) of the Act is amended by striking out “undertaking” at the end and substituting “project”. (See: 2020, c. 18, Sched. 6, s. 25 (3)) 2.  Declare that the proponent has satisfied such requirements for the preparation of an environmental assessment as are specified in the order. 2020, c. 18, Sched. 6, s. 25 (1). Order imposing additional conditions (3) The Minister may by order impose conditions on an undertaking referred to in section 15, in addition to the conditions that were imposed upon the approval of the class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Same (4) An order under subsection (1) or (3) may be made on the initiative of the Minister or on the request of a person under subsection (6). 2020, c. 18, Sched. 6, s. 25 (1). Basis for order (5) The Minister shall consider the following matters when making an order under subsection (1) or (3): 1.  The purpose of this Act. 2.  The factors suggesting that the proposed undertaking differs from other undertakings in the class to which the class environmental assessment applies. 3.  The significance of the factors and of the differences mentioned in paragraph 2. 4.  If a request for the order was made by a person under subsection (6), any ground for making the request that is given by that person and permitted under subsection (6). 5.  The mediators’ report, if any, following a referral under subsection (7). 6.  Such other matters as may be prescribed. 7.  Such other matters as the Minister considers appropriate. 2020, c. 18, Sched. 6, s. 25 (1). Request for order (6) A person may request the Minister to make an order under this section only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 25 (1). Mediation (7) The Minister may refer a matter in connection with a request made under subsection (6) to mediation and section 8 applies with necessary modifications. 2020, c. 18, Sched. 6, s. 25 (1). Order after request (8) For the purpose of considering a request made by a person under subsection (6), the Director may require the proponent to undertake such consultations and to provide such information as the Director may specify. 2020, c. 18, Sched. 6, s. 25 (1). Refusal after request (9) If, after receiving a request under subsection (6), the Minister refuses to make an order, the Minister shall give the person who made the request and the proponent notice of his or her decision together with the reasons for the decision. 2020, c. 18, Sched. 6, s. 25 (1). Notice of order (10) The Minister shall give a copy of an order made under this section, together with the reasons for it, to the proponent, to the person who requested the order, if any and to such other persons as the Minister considers advisable. 2020, c. 18, Sched. 6, s. 25 (1). Change to undertaking (11) The Minister may make an order under this section with respect to a change to an undertaking and this section shall apply with necessary modifications to such an order. 2020, c. 18, Sched. 6, s. 25 (1). Conflict (12) This section prevails over anything to the contrary that may be provided for in an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Amendment of s. 16 (3) order (13) The Minister may, in accordance with the regulations, if any, amend any order made under subsection 16 (3), regardless of whether the order was made before or after subsection 25 (1) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force. 2020, c. 18, Sched. 6, s. 25 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 6 (1-6) - no effect - see 2020, c. 18, Sched. 6, s. 60 (1) - 21/07/2020 2020, c. 18, Sched. 6, s. 25 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 25 (2, 3), 26 - not in force