13 (1) Subject to section 40 of the Ontario Energy Board Act, 1998, the Minister may, in his or her discretion, with or without an examination of the applicant, grant a licence or permit, and the Minister may, in so doing, impose such terms and conditions, whether of a pecuniary nature or otherwise, and such duties and liabilities as the Minister in his or her discretion considers proper, but before granting a licence or permit the Minister may, and if requested by the applicant shall, (a) refer the matter to the Tribunal, in which case the Tribunal shall hold a hearing before reporting to the Minister; or (b) if the Minister is of the opinion that the matter may affect operations within an area designated as a gas storage area under the
Ontario Energy Board Act, 1998, refer the matter to the Board, in which case the Board may hold a hearing, but is not required to do so, before reporting to the Minister.  2001, c. 9, Sched. K, s. 4 (2); 2017, c. 8, Sched. 17, s. 9 (6). Grant of licence, prescribed circumstances (1.1) Despite subsection (1), in the circumstances prescribed by regulation, the Minister shall grant a licence to an applicant who meets any prescribed qualifications and who submits an application that meets the prescribed requirements. 2019, c. 14, Sched. 15, s. 51 (1). Exception, Ontario Energy Board Act, 1998 (1.2) If section 40 of the Ontario Energy Board Act, 1998 would apply to a well, or if the Minister is of the opinion that the well may affect operations within an area designated as a gas storage area under that Act, a licence shall not be issued under subsection (1.1). 2019, c. 14, Sched. 15, s. 51 (1). Licence or permit conditions, etc (1.3) A licence granted under subsection (1.1) may be subject to such terms, conditions, duties and liabilities as may be prescribed. 2019, c. 14, Sched. 15, s. 51 (1). Notice of proposal (1.4) Where the Minister proposes to refuse to grant a licence or permit under subsection (1) or proposes to grant a licence or permit that will be subject to terms, conditions, duties or liabilities under subsection (1), the Minister shall provide to the applicant a written notice of the proposal and shall inform the applicant that a request for a referral can be made in accordance with subsection (1.5). 2019, c. 14, Sched. 15, s. 51 (1). Request for referral (1.5) A person who receives a notice under subsection (1.4) may, within 30 days after receiving the notice, submit a written request to the Minister for the matter to be referred to the Tribunal and the Minister shall, upon receiving such a request, refer the matter to the Tribunal or to the Board in accordance with subsection (1). 2019, c. 14, Sched. 15, s. 51 (1). When Minister can carry out proposal (1.6) The Minister may carry out the proposal under subsection (1.4), (a) before the 30 days to request a referral under subsection (1.5) have elapsed if the applicant waives the right to request a referral in writing; or (b) if no request for a referral is made within 30 days in accordance with subsection (1.5). 2019, c. 14, Sched. 15, s. 51 (1). When no notice of proposal required (1.7) The Minister is not required to give a notice of proposal under subsection (1.4), (a) if it is the Minister who decides to refer the matter to the Tribunal or to the Board under subsection (1); (b) where a term, condition, duty or liability is imposed on a licence or permit or is amended or, where the licence or permit is refused, based on a report received by the Minister on the matter from the Tribunal or the Board, as the case may be; or (c) where a spacing unit or a target area is specified as a condition of the licence under subsection 10 (2) or 13 (4) of Ontario Regulation 245/97. 2019, c. 14, Sched. 15, s. 51 (1). Minister entitled to be heard (1.8) The Minister is entitled to be heard at a hearing held under subsection (1). 2019, c. 14, Sched. 15, s. 51 (1). Changes to terms and conditions (2) In the case of a licence or permit granted under subsection (1), the Minister may amend, suspend or revoke any term, condition, duty or liability imposed on the licence or permit or may impose additional terms, conditions, duties or liabilities and, in the case of a licence granted under subsection (1.1), the Minister may, in addition to any prescribed terms, conditions, duties or liabilities, impose further terms, conditions, duties or liabilities and amend, suspend or revoke such additions, but before doing so the Minister may, and if requested by the holder of the licence or permit shall, (a) refer the matter to the Tribunal, in which case the Tribunal shall hold a hearing before reporting to the Minister; or (b) if the Minister is of the opinion that the matter may affect operations within an area designated as a gas storage area under the
Ontario Energy Board Act, 1998, refer the matter to the Board, in which case the Board may hold a hearing, but is not required to do so, before reporting to the Minister.  2001, c. 9, Sched. K, s. 4 (2); 2017, c. 8, Sched. 17, s. 9 (6); 2019, c. 14, Sched. 15, s. 51 (2). Notice of proposal (2.1) Where the Minister proposes to amend, suspend or revoke any term, condition, duty or liability imposed on a licence or permit or proposes to impose an additional term, condition, duty or liability under subsection (2), the Minister shall provide to the holder of the licence or permit a written notice of the proposal and shall inform the holder of the licence or permit that a request for a referral can be made in accordance with subsection (2.2). 2019, c. 14, Sched. 15, s. 51 (3). Request for referral (2.2) A person who receives a notice under subsection (2.1) may, within 30 days after receiving the notice, submit a written request to the Minister for the matter to be referred to the Tribunal and the Minister shall, upon receiving such a request, refer the matter to the Tribunal or to the Board in accordance with subsection (2). 2019, c. 14, Sched. 15, s. 51 (3). When Minister can carry out proposal (2.3) The Minister may carry out the proposal under subsection (2.1), (a) before the 30 days to request a referral under subsection (2.2) have elapsed if the applicant waives the right to request a referral in writing; or (b) if no request for a referral is made within 30 days in accordance with subsection (2.2). 2019, c. 14, Sched. 15, s. 51 (3). When no notice of proposal required (2.4) The Minister is not required to give a notice of proposal under subsection (2.1), (a) if it is the Minister who decides to refer the matter to the Tribunal or to the Board under subsection (2); (b) where a term, condition, duty or liability is imposed on a licence or permit or is amended, suspended or revoked based on a report received by the Minister on the matter from the Tribunal or the Board, as the case may be; (c) where a spacing unit or a target area is specified as a condition of the licence under subsection 10 (2) or 13 (4) of Ontario Regulation 245/97; or (d) where a condition on a licence is revoked or amended under subsection 8 (4) of Ontario Regulation 245/97. 2019, c. 14, Sched. 15, s. 51 (3). Minister entitled to be heard (2.5) The Minister is entitled to be heard at a hearing held under subsection (2). 2019, c. 14, Sched. 15, s. 51 (3). Compliance (3) The holder of a licence or permit shall comply with any terms, conditions, duties or liabilities to which the licence or permit is subject. 2017, c. 8, Sched. 23, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 4 (2) - 29/06/2001 2017, c. 8, Sched. 17, s. 9 (6) - 01/04/2018; 2017, c. 8, Sched. 23, s. 4 - 17/05/2017 2019, c. 14, Sched. 15, s. 51 (1-3) - 10/12/2019