140 (1) No proponent shall commence advanced exploration unless the following conditions have been satisfied: 1. The proponent has given a Notice of Project Status to the Director in the prescribed manner and within the prescribed time period, if any. 2. If the Director has required the proponent, within 45 days after receiving the notice under paragraph 1, to give public notice of the advanced exploration, 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 advanced exploration. 4. After the conditions set out in paragraphs 2 and 3 have been met, the proponent has submitted to the Director a closure plan that, i. includes financial assurance as required under this Act and the regulations, and ii. meets any other prescribed requirements. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 140 (1) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 7 (1)) 4. After the conditions set out in paragraphs 2 and 3 have been met, i. the proponent has submitted to the Minister a 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 a 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 closure plan has been filed. 2019, c. 14, Sched. 7, s. 6. Filing or returning closure plan (2) No later than 45 days after a proponent has submitted a closure plan, the Director shall, (a) file the closure plan and give the proponent written confirmation that the closure plan has been filed as of the date of the written confirmation; or (b) decide not to file the closure plan and return it to the proponent for resubmission, if the submitted closure plan does not meet the requirements of this Act and the regulations. 2019, c. 14, Sched. 7, s. 6. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 140 (2) of the Act is repealed and the following substituted: (See: 2023, c. 6, s. 7 (2)) Certifications (2) Regulations made for the purposes of subparagraph 4 i of subsection (1) may require that a statement to be included in a closure plan be certified by a qualified person or other individual specified by the regulations. 2023, c. 6, s. 7 (2). Order permitting filing (3) The Minister may by order permit the filing of 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 closure plan, (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. 7 (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. 7 (2). Filing or returning closure plan (5) No later than 45 days after a proponent has submitted a closure plan, the Minister shall, (a) file the closure plan and give the proponent written confirmation that the closure plan has been filed as of the date of the written confirmation, if the closure plan meets the requirements of this Act and the regulations or there is an order under subsection (3) permitting the filing; or (b) return the closure plan to the proponent for resubmission, if the closure plan 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. 7 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 26 - 30/06/2000; 1999, c. 12, Sched. O, s. 47 - 30/06/2000 2009, c. 21, s. 57
- 01/11/2012 2019, c. 14, Sched. 7, s. 6 - 01/04/2021 2023, c. 6, s. 7 (1, 2), 28 (1) - not in force