16.1 (1) The Minister shall not make an order under subsection 16 (1) or (3) on his or her own initiative if more than 30 days, or such other number of days as may be prescribed, has elapsed 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. 25 (1). Notice of proposed order (2) Despite subsection (1), the Minister may make an order under subsection 16 (1) or (3) on his or her own initiative after the time limit described in subsection (1) if before the time limit has elapsed the Director gives the proponent notice that the Minister is considering making the order. 2020, c. 18, Sched. 6, s. 25 (1). New time limit (3) If notice of a proposed order is given by the Director under subsection (2), the Minister may make the order under subsection 16 (1) or (3) only if he or she does so, (a)  before the end of the 30-day period, or such other time period as may be prescribed, that follows the giving of the notice of the proposed order; or (b)  if the Director includes in the notice of the proposed order a request for information under subsection (4), before the end of the 30-day period, or such other time period as may be prescribed, that follows the day the Director gives the proponent a notice of satisfactory response under clause (6) (a), subject to subsections (7) to (12). 2020, c. 18, Sched. 6, s. 25 (1). Request for information (4) In a notice of a proposed order, the Director may request that the proponent provide such information as the Director believes is necessary to assist the Minister in determining whether to make the order and that the information be provided on or before the specified deadline. 2020, c. 18, Sched. 6, s. 25 (1). Compliance with request (5) The proponent shall give the Director the information specified in the notice of the proposed order on or before the deadline specified in the notice. 2020, c. 18, Sched. 6, s. 25 (1). Same (6) If the Director is satisfied that the proponent has provided all the information requested in the notice of the proposed order within the specified deadline, (a)  the Director shall give the proponent a notice of satisfactory response; and (b)  the Minister may make the order within the time limit set out in clause (3) (b). 2020, c. 18, Sched. 6, s. 25 (1). Failure to comply with request (7) If a proponent fails to provide all the information requested in the notice of the proposed order within the specified deadline or if, upon review of the information provided, the Director is not satisfied that all the information requested has been provided, (a)  the Director shall give the proponent a notice of unsatisfactory response; (b)  the time limits under subsections (1) and (3) that applied with respect to the comment period provided for in the notice of completion previously issued by the proponent cease to apply; (c)  the proponent shall issue a new notice of completion in accordance with subsection (9); and (d)  the time limits under subsections (1) and (3) shall apply with respect to the comment period provided for in the new notice of completion. 2020, c. 18, Sched. 6, s. 25 (1). Notice of unsatisfactory response (8) A notice of unsatisfactory response issued by the Director under clause (7) (a) shall, (a)  specify the information that the proponent must provide in order to satisfy the request for information that was made by the Director in the notice of the proposed order; and (b)  advise the proponent that a new notice of completion must be issued by the proponent within the time period specified by the Director. 2020, c. 18, Sched. 6, s. 25 (1). New notice of completion (9) On or before the end of the time period specified by the Director in the notice of unsatisfactory response, the proponent shall, (a)  issue a new notice of completion in accordance with such directions as may be specified by the Director; and (b)  provide to the Director all of the information specified by the Director in the notice of unsatisfactory response. 2020, c. 18, Sched. 6, s. 25 (1). New comment period (10) The notice of completion issued under clause (9) (a) shall provide for a new comment period which shall be at least 30 days in duration. 2020, c. 18, Sched. 6, s. 25 (1). Further failure to comply (11) If a proponent fails to comply with subsections (9) and (10), subsections (7), (8), (9) and (10) shall apply with necessary modifications to that failure. 2020, c. 18, Sched. 6, s. 25 (1). Same (12) Subsection (11) shall apply to successive failures to comply with subsections (9) and (10) until the Director is satisfied that the proponent has provided all the requested information and issues a notice of satisfactory response in accordance with subsection (6) and, when the Director issues a notice of satisfactory response, the time limit set out in clause (6) (b) shall apply with respect to any order to be made by the Minister under subsection 16 (1) or (3) on his or her own initiative. 2020, c. 18, Sched. 6, s. 25 (1). Change to undertaking (13) This section applies if the Minister is considering making an order under subsection 16 (1) or (3) with respect to a change to an undertaking and, for the purpose of that application, any reference in this section to a notice of completion shall be deemed to be a reference to a notice of addendum. 2020, c. 18, Sched. 6, s. 25 (1). (14) Repealed: 2023, c. 5, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 25 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force 2023, c. 5, Sched. 1, s. 3 - 18/05/2023