17Refusal to approve assessment plan

17 Refusal to approve assessment plan

(1) This section applies if: (a) the Secretary has been given an assessment plan under section 15; and (b) he or she is not satisfied that the assessment plan substantially meets the requirements in section 18. (2) The Secretary must: (a) refuse to approve the assessment plan; and (b) give the controlling corporation written notice of the refusal. (3) The Secretary must also: (a) prepare a revised assessment plan for the controlling corporation that substantially meets the requirements in section 18, to the satisfaction of the Secretary; and (b) give the controlling corporation a notice: (i) setting out the revised assessment plan; and (ii) inviting the controlling corporation to comment on the revised assessment plan within a specified period. (4) At the end of the period specified in the invitation, the Secretary may: (a) approve the revised assessment plan; and (b) give the controlling corporation written notice of the approval. (5) In making a decision under subsection (4), the Secretary must consider any written comments received from the controlling corporation within the period specified in the invitation. (6) If the Secretary does not approve the revised assessment plan under subsection (4), this section applies in relation to that plan as if: (a) it were an assessment plan that the Secretary had been given under section 15; and (b) the Secretary were not satisfied that it substantially met the requirements in section 18.

Note: This means that the Secretary must prepare a new revised assessment plan, and send it to the controlling corporation for comment.