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M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation
Section 39
Disposition versions
39. Before making a decision under sections 32 to 37, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person concerned and allow the person at least 15 days to submit observations.
In addition, before recommending to the Government that it make a decision under those sections or section 38, the Minister must allow the applicant or authorization holder at least 15 days to submit written observations.
Despite the first and second paragraphs, the Government or the Minister may make a decision without notifying the prescribed prior notice if the decision is made in a situation where urgent action is required or so as to prevent serious or irreparable harm or damage to human beings, ecosystems, other living species, the environment or property. However, a person to whom such a decision is notified may, within the time specified in the decision, submit observations to obtain a review of the decision.
In force: 2022-05-12
39. Before making a decision under sections 32 to 37, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person concerned and allow the person at least 15 days to submit observations.
In addition, before recommending to the Government that it make a decision under those sections or section 38, the Minister must allow the applicant or authorization holder at least 15 days to submit written observations.
Despite the first and second paragraphs, the Government or the Minister may make a decision without notifying the prescribed prior notice if the decision is made in a situation where urgent action is required or so as to prevent serious or irreparable harm or damage to human beings, ecosystems, other living species, the environment or property. However, a person to whom such a decision is notified may, within the time specified in the decision, submit observations to obtain a review of the decision.
