143.1 (1) The Director may at any time, by order, require changes to a filed closure plan or to filed amendments to a closure plan. 2019, c. 14, Sched. 7, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 143.1 (1) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 11 (1)) Specified changes by order (1) The Minister may at any time, by order, require changes to a filed closure plan. 2023, c. 6, s. 11 (1). Same, mine hazard under s. 147 (1) (2) If a change ordered under subsection (1) is to a closure plan for a mine hazard under subsection 147 (1) and the order requires that a new schedule for completing the rehabilitation of the mine hazard be submitted, the following rules apply: 1. The person affected by the order shall submit the new schedule immediately. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of paragraph 1 of subsection 143.1 (2) of the Act is amended. (See: 2023, c. 6, s. 11 (3)) 2. The portion of the order that requires the submission of a new schedule for completing the rehabilitation of the mine hazard shall not be, i. referred to an independent third party under subsection (3), or ii. appealed under clause 152 (1) (b). 2019, c. 14, Sched. 7, s. 7; 2023, c. 6, s. 11 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of paragraph 2 of subsection 143.1 (2) of the Act is amended. (See: 2023, c. 6, s. 11 (3)) Referral to independent third party (3) Subject to paragraph 2 of subsection (2), if changes are required under subsection (1), in addition to appealing any of them to the Tribunal under clause 152 (1) (b), the proponent may, within 30 days after receiving the order requiring changes, notify the Director of the desire to have any of them that are not appealed to the Tribunal referred for a decision to an independent third party agreed upon by the proponent and the Director. 2019, c. 14, Sched. 7, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 143.1 (3) of the Act is amended by striking out “within 30 days after receiving the order requiring changes, notify the Director” and substituting “within 30 days after receiving the order requiring changes, notify the Minister”. (See: 2023, c. 6, s. 11 (4)) No agreement on third party (4) If the proponent and the Director are unable to agree on an independent third party within 45 days after the Director receives the notice of referral under subsection (3), the proponent who wishes to dispute the changes may appeal to the Tribunal any of the changes that the proponent desired to have referred, despite the 30 day period provided for appeal in subsection 152 (2), within 75 days after sending the notice of referral, failing which the changes that are not appealed shall be deemed to be accepted by the proponent. 2019, c. 14, Sched. 7, s. 7. Costs (5) All costs incurred by an independent third party in connection with any work performed pursuant to a referral shall be borne by the proponent. 2019, c. 14, Sched. 7, s. 7. Decision final (6) The decision of an independent third party is final and binds the proponent and the Director, and an amendment to the closure plan shall be deemed to have been filed accordingly. 2019, c. 14, Sched. 7, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 7, s. 7 - 01/04/2021 2023, c. 6, s. 11 (1, 3, 4), 28 (1) - not in force; 2023, c. 6, s. 11 (2)
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