34.1 (1) The Director may, on application, issue or renew a permit for the purpose of section 34.  2007, c. 12, s. 1 (8). Amendment or revocation (2) The Director may, on application or on his or her own initiative, amend or revoke a permit.  2007, c. 12, s. 1 (8). Expiry (3) A permit expires on the date set out in the permit.  2007, c. 12, s. 1 (8). Application (4) An application to the Director for the issuance, renewal, amendment or revocation of a permit shall be made in a form and in a manner approved by the Director, shall contain any information that is required by the Director, and shall be accompanied by any fee established in respect of the application under section 96.  2007, c. 12, s. 1 (8). Same (5) Without limiting the generality of subsection (4), the Director may require the applicant to, (a)  undertake tests or studies specified by the Director relating to, (i)  the water taking, (ii)  any term or condition to which the permit may be subject, or (iii)  any other matter that the Director considers advisable for the purpose of this Act; (b)  submit to the Director, (i)  the results of tests or studies conducted under clause (a), (ii)  any plans, specifications, reports and other information and documents relating to the matters listed in subclauses (a) (i), (ii) and (iii); (c)  engage a person with qualifications specified by the Director to certify the accuracy of a test, study, plan, specification, report or other information or document described in clause (a) or (b); (d)  consult with other persons or bodies about the application and report to the Director on the results of the consultation.  2007, c. 12, s. 1 (8). Delay in deciding application for renewal (6) If an application for the renewal of a permit is made at least 90 days before it expires or within the shorter period that is approved in writing by the Director, and the Director has not made a decision to renew the permit or to refuse the renewal by the expiry date, the permit is deemed to continue in force until the date the Director makes a decision to renew the permit or to refuse the renewal.  2007, c. 12, s. 1 (8). Prescribed terms and conditions (7) A permit is subject to the terms and conditions that are prescribed by the regulations.  2007, c. 12, s. 1 (8). Terms and conditions in permit (8) A permit is subject to any other terms and conditions that the Director considers appropriate and that are specified in the permit.  2007, c. 12, s. 1 (8). Same (9) Without limiting the generality of subsection (8), the Director may include terms and conditions in a permit, (a)  limiting the amount of water that may be taken under the permit; (b)  limiting the rate at which water may be taken under the permit; (c)  governing the manner in which water may be taken under the permit; (d)  governing the return, after use, of water taken under the permit; (e)  governing the monitoring and reporting of, (i)  the amount of water taken under the permit, including amounts of water that are returned after use, (ii)  the rate at which water is taken under the permit, (iii)  the use of water taken under the permit, and (iv)  the effects of water takings under the permit, including their effects on water quantity and quality; (f)  governing the keeping of records with respect to the matters that are monitored and reported as described in clause (e); (g)  requiring reports referred to in clause (e) to be made to the Director, to other persons or both; (h)  governing the use and conservation of water taken under the permit, including requiring the holder, (i)  to implement specified measures to promote the efficient use of the water or reduce the loss of water through consumptive use, (ii)  to ensure that an audit is conducted by a specified person or body in order to evaluate whether the water is being used efficiently, and to provide the results of the audit to the Director, to other persons or both, or (iii)  to prepare a water conservation plan and submit it to the Director, to amend the plan if required by the Director, and to implement the plan; (i)  requiring the holder to restrict the amount of water taken under the permit, in the circumstances specified in the permit; (j)  requiring the holder to implement specified measures, (i)  to prevent the water taking under the permit from causing interference with other water takings, and (ii)  to remedy any interference with other water takings that is caused by the water taking under the permit; and (k)  requiring the holder to use specified laboratories or testing methods.  2007, c. 12, s. 1 (8). Same (10) Without limiting the generality of clause (9) (d), a term or condition governing the return of water may, (a)  govern the manner in which water may be returned, the quantity of water that must be returned and the quality of water that may be returned; and (b)  govern the location or area to which water may be returned, including restricting the amount that may be returned to a location or area different from the one from which it was taken.  2007, c. 12, s. 1 (8). Not transferable (11) A permit is not transferable without the Director’s written consent.  2007, c. 12, s. 1 (8). Applications re certain large transfers referred to Minister (12) The Director shall refer an application for the issuance or amendment of a permit to the Minister if, (a)  in the absence of paragraph 3 of subsection 34.6 (2), subsection 34.6 (1) would prohibit the issuance or amendment of the permit; and (b)  the applicant seeks to rely on paragraph 3 of subsection 34.6 (2).  2007, c. 12, s. 1 (9). Minister to determine application (13) The Minister shall determine an application that is referred to him or her under subsection (12) and, for that purpose, a reference to the Director in this section shall be read as a reference to the Minister.  2007, c. 12, s. 1 (9). Procedure applicable to Minister’s decisions (14) If an application is referred to the Minister under subsection (12), (a)  the Minister shall ensure that notice of the application is given to the Great Lakes-St. Lawrence River Water Resources Regional Body in accordance with Chapter 5 of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005; (b)  the Minister shall not make a decision on the application until he or she has given the body referred to in clause (a) a reasonable opportunity to conduct a review of the application under Chapter 5 of the agreement referred to in clause (a); and (c)  the Minister shall, before making a decision on the application, consider any declaration of finding issued with respect to the application under Chapter 5 of the agreement referred to in clause (a).  2007, c. 12, s. 1 (9). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 1 (8, 9)
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