Issuance

Issuance

262 (1) If the Commission is satisfied that the power line is and will be required by the present and future public convenience and necessity, the Commission may, subject to section 52 and to the approval of the Governor in Council, issue a certificate in respect of (a) an international power line in relation to which an order made under section 258 is in force; (b) an international power line in relation to which an election is filed under section 259; or (c) an interprovincial power line in relation to which an order made under section 261 is in force. (2) In deciding whether to issue a certificate, 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 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 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. (3) Any permit that is issued in respect of an international power line in relation to which an order made under section 258 is in force, and that was not revoked by the order, is revoked on the Commission’s deciding not to issue a certificate in respect of the power line. (4) The Commission must, within the time limit specified by the Lead Commissioner, (a) decide that the certificate should be issued and recommend to the Minister that the Governor in Council approve the issuance of the certificate; or (b) decide that no certificate is to be issued and dismiss the application in respect of the line. (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 291.1, 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) If a recommendation referred to in paragraph (4)(a) is made, the Governor in Council may, within 90 days after the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve the issuance of the certificate or refuse to approve its issuance. The Governor in Council may extend the time limit for doing so for any additional period or periods. (10) If the Governor in Council approves the issuance of the certificate, the Commission must, within seven days after the day on which the approval was given, issue the certificate. (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 make a decision as to whether a certificate should be issued or to dismiss the application, and anything done by it in relation to the application remains valid. (12) Despite subsection (9), the Governor in Council may approve the issuance of the certificate or refuse to approve its issuance after the expiry of the time limit for doing so.