Issuance

Issuance

298 (1) On application, the Commission may issue an authorization for (a) each work or activity that is proposed to be carried on, in the offshore area, in relation to an offshore renewable energy project or to an offshore power line; and (b) each work or activity that is proposed to be carried on to construct, operate or abandon any part of an offshore power line that is in a province. (2) An application must include any information that may be required by the Regulator, or prescribed by regulation, with respect to the proposed work or activity and to the offshore renewable energy project or offshore power line, including information with respect to any facility, equipment, system or vessel related to the project or power line. (3) In determining whether to issue an authorization, the Commission must take into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the offshore renewable energy project or offshore power line, including (a) the environmental effects, including any cumulative environmental effects; (b) the safety and security of persons and the protection of property and the environment; (c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors; (d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes; (e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (f) the extent to which the effects of the project or power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and (g) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act. (4) The Commission must, within the time limit specified by the Lead Commissioner, issue the authorization or dismiss the application. (5) The specified time limit must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application. (6) In the circumstances prescribed by regulations made under section 312.1, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision. The Lead Commissioner must provide reasons for doing so. (7) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4). (8) The Commission must make public the time limit specified under subsection (4), any period that is excluded and the reasons for the exclusion and any extension of time granted under subsection (7). (9) An authorization is subject to any conditions that may be imposed by the Commission or under the regulations, including conditions with respect to (a) approvals; (b) deposits of money; (c) liability for loss, damage, costs or expenses related to debris; (d) the carrying out of safety studies or environmental programs or studies; and (e) certificates of fitness and who may issue them. (10) Every authorization is subject to the condition that the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, will be complied with. (11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to issue the authorization or dismiss the application, and anything done by it in relation to the application remains valid.