M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Section 32 Disposition versions

2023-04-01

32. The Government or the Minister may refuse to issue, amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder or, in the case of a legal person, one of its directors, officers or shareholders

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been found guilty of an offence under a fiscal law, a criminal offence connected with activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration, document or information, or has distorted or has omitted to report a material fact to have the authorization issued, maintained, amended, renewed or transferred;

(4)  has been found guilty of an offence under any Act that is administered by the Minister or any regulation made under those Acts

(a)  in the last five years if the minimum amount of the fine to which the offender is liable for the offence was the amount provided for in section 44; or

(b)  in the last two years in any other case;

(5)  has failed to comply with a notice of execution sent under section 17, except in the case provided for in subparagraph 8 of this section;

(6)  has failed to comply with an order made under any Act that is administered by the Minister;

(7)  has failed to comply with an injunction made under any Act that is administered by the Minister;

(8)  has defaulted on payment of an amount owed under any Act that is administered by the Minister or the regulations, including a fine, a monetary administrative penalty and, in cases where prior authorization should have been obtained and payment of compensation and related fees made, financial compensation or the fees payable;

(9)  has failed to comply with any provision of any Act that is administered by the Minister or the regulations and has not remedied the failures that were ascertained at the time of an inspection or investigation, within the time and according to the conditions set out for doing so; and

(10)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization has been suspended, revoked or cancelled or is the subject of an injunction or order to that effect, unless it is proven that the activity of the applicant or authorization holder does not constitute a continuation of the activity of that person.

Subparagraphs 7 and 8 of the first paragraph apply only upon expiry of the following time limits, as applicable:

(1)  in the case of an amount owing, the time for applying for a review, if applicable;

(2)  the time for contesting the decision before the competent court or tribunal; or

(3)  the 30th day following the final decision of the court or tribunal confirming all or part of the decision.

2022, c. 8, s. 1; I.N. 2023-04-01.

2022-05-12

32. The Government or the Minister may refuse to issue, amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder or, in the case of a legal person, one of its directors, officers or shareholders

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been found guilty of an offence under a fiscal law, a criminal offence connected with activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration, document or information, or has distorted or has omitted to report a material fact to have the authorization issued, maintained, amended, renewed or transferred;

(4)  has been found guilty of an offence under any Act that is administered by the Minister or any regulation made under those Acts

(a)  in the last five years if the minimum amount of the fine to which the offender is liable for the offence was the amount provided for in section 45; or

(b)  in the last two years in any other case;

(5)  has failed to comply with a notice of execution sent under section 17, except in the case provided for in subparagraph 8 of this section;

(6)  has failed to comply with an order made under any Act that is administered by the Minister;

(7)  has failed to comply with an injunction made under any Act that is administered by the Minister;

(8)  has defaulted on payment of an amount owed under any Act that is administered by the Minister or the regulations, including a fine, a monetary administrative penalty and, in cases where prior authorization should have been obtained and payment of compensation and related fees made, financial compensation or the fees payable;

(9)  has failed to comply with any provision of any Act that is administered by the Minister or the regulations and has not remedied the failures that were ascertained at the time of an inspection or investigation, within the time and according to the conditions set out for doing so; and

(10)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization has been suspended, revoked or cancelled or is the subject of an injunction or order to that effect, unless it is proven that the activity of the applicant or authorization holder does not constitute a continuation of the activity of that person.

Subparagraphs 7 and 8 of the first paragraph apply only upon expiry of the following time limits, as applicable:

(1)  in the case of an amount owing, the time for applying for a review, if applicable;

(2)  the time for contesting the decision before the competent court or tribunal; or

(3)  the 30th day following the final decision of the court or tribunal confirming all or part of the decision.

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

32. The Government or the Minister may refuse to issue, amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder or, in the case of a legal person, one of its directors, officers or shareholders

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been found guilty of an offence under a fiscal law, a criminal offence connected with activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration, document or information, or has distorted or has omitted to report a material fact to have the authorization issued, maintained, amended, renewed or transferred;

(4)  has been found guilty of an offence under any Act that is administered by the Minister or any regulation made under those Acts

(a)  in the last five years if the minimum amount of the fine to which the offender is liable for the offence was the amount provided for in section 45; or

(b)  in the last two years in any other case;

(5)  has failed to comply with a notice of execution sent under section 17, except in the case provided for in subparagraph 8 of this section;

(6)  has failed to comply with an order made under any Act that is administered by the Minister;

(7)  has failed to comply with an injunction made under any Act that is administered by the Minister;

(8)  has defaulted on payment of an amount owed under any Act that is administered by the Minister or the regulations, including a fine, a monetary administrative penalty and, in cases where prior authorization should have been obtained and payment of compensation and related fees made, financial compensation or the fees payable;

(9)  has failed to comply with any provision of any Act that is administered by the Minister or the regulations and has not remedied the failures that were ascertained at the time of an inspection or investigation, within the time and according to the conditions set out for doing so; and

(10)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization has been suspended, revoked or cancelled or is the subject of an injunction or order to that effect, unless it is proven that the activity of the applicant or authorization holder does not constitute a continuation of the activity of that person.

Subparagraphs 7 and 8 of the first paragraph apply only upon expiry of the following time limits, as applicable:

(1)  in the case of an amount owing, the time for applying for a review, if applicable;

(2)  the time for contesting the decision before the competent court or tribunal; or

(3)  the 30th day following the final decision of the court or tribunal confirming all or part of the decision.

2022, c. 8, s. 1.