38.2 (1) Subject to subsection (2), any request for the Minister to make an order under section 16 of Part II.1 that was made before the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent and in respect of which no decision has been made as of that day shall be terminated on that day. 2020, c. 18, Sched. 6, s. 39. Exception (2) Subsection (1) does not apply in respect of a request for the Minister to make an order under section 16 of Part II.1 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. 39. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 39 - 21/07/2020 Note: On a day to be named by proclamation of the Lieutenant Governor, Part V.1 of the Act is amended by adding the following section: (See: 2020, c. 18, Sched. 6, s. 40) Deemed Part II.3 projects, approval 38.3 If approval was given to proceed with an undertaking under Part II as it read before the day section 20 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force or under the predecessor to that Part and the approval was in effect immediately before that day, (a)  the undertaking is deemed to be a Part II.3 project; and (b)  the approval is deemed to be an approval under Part II.3. 2020, c. 18, Sched. 6, s. 40. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 40 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, Part V.1 of the Act is amended by adding the following sections: (See: 2020, c. 18, Sched. 6, s. 41) Amendment, etc., by order, transition to Part II.4 38.4 (1) If the Minister considers it appropriate to amend or revoke an approval of a class environmental assessment or amend an approved class environmental assessment in order to facilitate the transition of some or all of the activities covered by the approved class environmental assessment from Part II.1 to Part II.4, the Minister may amend or revoke the approval or amend the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 41. Same (2) Section 15.4 does not apply in respect of an amendment under subsection (1). 2020, c. 18, Sched. 6, s. 41. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 41 - not in force Deemed Part II.4 projects 38.5 If a proponent was authorized to proceed with an undertaking in accordance with an approved class environmental assessment under Part II.1 on or before the day the approval of the class environmental assessment was revoked, then after that day, (a)  the undertaking is deemed to be a Part II.4 project; and (b)  the proponent is deemed to have satisfied all the prescribed requirements for commencing a Part II.4 project. 2020, c. 18, Sched. 6, s. 41. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 41 - not in force Orders under s.16 38.6 (1) If, before the day Part II.1 is repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020, an order was made under subsection 16 (1) of that Part requiring the proponent of an undertaking to comply with Part II before proceeding with the undertaking, then, on and after the day Part II.1 is repealed, (a)  the order is deemed to be an order made under subsection 17.31 (1) of Part II.4 declaring the undertaking to be a Part II.3 project; (b)  the undertaking is deemed to be a Part II.3 project; and (c)  Part II.3 applies with respect to the project. 2020, c. 18, Sched. 6, s. 41. Same (2) If, before the day Part II.1 is repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020, an order was made under subsection 16 (3) of that Part imposing conditions on an undertaking referred to in section 15 that is deemed to be a Part II.4 project under section 38.5, then, on and after the day Part II.1 is repealed, the conditions imposed in the order made under subsection 16 (3) shall continue to apply with respect to the deemed Part II.4 project. 2020, c. 18, Sched. 6, s. 41. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 41 - not in force PART VI   REGULATIONS