143 (1) A proponent shall not undertake advanced exploration or mine production activities that are not included in and consistent with the proponent’s filed closure plan for the project unless the following conditions have been satisfied: 1. The proponent has given a Notice of Material Change to the Director in the prescribed manner. 2. If the Director has required the proponent, within 45 days after receiving the notice under paragraph 1, to give public notice of the proposed amendment, the proponent has given public notice at the prescribed time and in the prescribed manner. 3. The Director is satisfied that appropriate consultation with Aboriginal communities has been carried out in accordance with the regulations, which may include taking into account arrangements that have been reached with Aboriginal communities potentially affected by the activities. 4. After the conditions set out in paragraphs 2 and 3 have been met, the proponent has submitted to the Director an amendment to the closure plan that, i. includes financial assurance as required under this Act and the regulations, and ii. meets any prescribed requirements. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 143 (1) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 10 (1)) 4. After the conditions set out in paragraphs 2 and 3 have been met, i. the proponent has submitted to the Minister an amendment to the closure plan that, A. includes financial assurance as required under this Act or the regulations, and B. meets any other prescribed requirements, or ii. the proponent has submitted to the Minister an amendment to the closure plan that does not meet the requirements referred to in subparagraph i, together with an order under subsection (3) permitting the filing of the closure plan. 5. The proponent has received written confirmation from the Director that the amendment to the closure plan has been filed. 2019, c. 14, Sched. 7, s. 7. Amendments, ordered by Director (2) The Director may at any time, by order, require that the proponent submit, within the time specified in the order and in accordance with the order, amendments to a filed closure plan or amendments to filed amendments to a closure plan, which may include requirements to increase the amount of financial assurance. 2019, c. 14, Sched. 7, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 143 (2) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 10 (2)) Certifications (2) Regulations made for the purposes of subparagraph 4 i of subsection (1) may require that a statement to be included in an amendment to a closure plan be certified by a qualified person or other individual specified by the regulations. 2023, c. 6, s. 10 (2). Filing or returning of amendment to closure plan (3) No later than 45 days after a proponent has submitted an amendment to a closure plan, the Director shall, (a) file the amendment and give the proponent written confirmation that the amendment has been filed as of the date of the written confirmation; or (b) decide not to file the amendment and return it to the proponent for resubmission, if the submitted amendment does not meet the requirements of this Act and the regulations. 2019, c. 14, Sched. 7, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 143 (3) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 10 (2)) Order permitting filing (3) The Minister may by order permit the filing of an amendment to a closure plan that does not meet all of the requirements referred to in subparagraph 4 i of subsection (1), subject to the terms and conditions set out in subsection (4), if, before the proponent submits the amendment, (a) the proponent submits a request for the order in the prescribed form and manner; and (b) the Minister determines that it is consistent with the purposes of this Act to make the order. 2023, c. 6, s. 10 (2). Same, terms and conditions (4) In making an order under subsection (3), the Minister, (a) shall include a condition that the proponent meet the outstanding requirements in the time and manner specified by the Minister in the order; and (b) may include any other terms or conditions the Minister considers appropriate. 2023, c. 6, s. 10 (2). Amendments, ordered by Minister (5) The Minister may at any time, by order, require that the proponent submit, within the time specified in the order and in accordance with the order, amendments to a filed closure plan, which may include requirements to increase the amount of financial assurance. 2023, c. 6, s. 10 (2). Filing or returning amendment to closure plan (6) No later than 45 days after a proponent has submitted an amendment to a closure plan, the Minister shall, (a) file the amendment and give the proponent written confirmation that the amendment has been filed as of the date of the written confirmation, if the amendment meets the requirements of this Act and the regulations or there is an order under subsection (3) permitting the filing; or (b) return the amendment to the proponent for resubmission, if the amendment does not meet the requirements of this Act and the regulations and there is no order under subsection (3) permitting the filing. 2023, c. 6, s. 10 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000 2002, c. 18, Sched. M, s. 7 - 16/12/2002 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2019, c. 14, Sched. 7, s. 7 - 01/04/2021 2023, c. 6, s. 10 (1, 2), 28 (1) - not in force