T-12 - Transport Act

Section 45 Disposition versions

1988-01-13

45. (Repealed).

1975, c. 45, s. 19; 1981, c. 8, s. 17; 1987, c. 97, s. 109.

1982-01-20

45. In the cases referred to in sections 41 and 44, the Minister may, by a written notice to the Commission, remove a case from the jurisdiction of the Commission and refer it to the Government. However, where no application for a transfer nor any notice of an intended acquisition has been published in the Bulletin de la Commission, the Commission, before rendering its decision, shall advise the Minister in writing that there has been an application for a transfer or a notice of acquisition. The Minister may, within fifteen days after publication of the notice in the Bulletin de la Commission or after receipt of the notice, as the case may be, by letter, telegram or any other means of communication, remove the case from the jurisdiction of the Commission and refer it to the Government.

Where the Minister uses his powers under the first paragraph, the administrator must give a copy of the record to him and notify the parties in writing that the case has been removed from the jurisdiction of the Commission.

The Government may, in the public interest, maintain, change, revoke or transfer the permit concerned, with or without conditions; it shall publish its decision in the Gazette officielle du Québec and the Commission shall publish it in the Bulletin de la Commission.

1975, c. 45, s. 19; 1981, c. 8, s. 17.

1977-12-31

45. (1)  In the cases referred to in sections 41 and 44, the Minister may, by a written notice to the Commission, remove a case from the jurisdiction of the Commission and refer it to the Government. However, where notice of an application for authorization pursuant to section 41 or 44 has not been published in the Gazette officielle du Québec, the Commission shall, before rendering its decision, so advise the Minister in writing. He may, within fifteen days from the publication in the Gazette officielle du Québec or from the receipt of such notice, as the case may be, advise by letter, telegram or other means of communication that he is removing such case from the jurisdiction of the Commission and referring it to the Government.

Where the Minister avails himself of the powers conferred on him in this subsection, the administrator must provide him with a copy of the record and notify the parties in writing that the case is removed from the jurisdiction of the Commission.

(2)  The Government may, in the public interest, maintain, change, revoke or transfer the permit concerned, with or without conditions; its decision must be published in the Gazette officielle du Québec.

1975, c. 45, s. 19.