Jean-Benoît Pouliot, a lawyer at Langlois, recently raised this question before the Administrative Tribunal of Québec (the "ATQ"). In the matter in question1, the ATQ had to decide on the validity of a notice of claim for the direct and indirect costs associated with the issuance of an order to restore premises to their former state2. The notice of claim had been signed by the assistant general director of financial and material resources at the Ministry of Sustainable Development, the Environment and the Fight against Climate Change.
In a decision rendered on June 13, 2017, the ATQ annulled the notice of claim on the basis of unlawful delegation.
The ATQ based its analysis on the wording of the legislation, the lack of any standards for implied delegation, and the nature of the notice of claim itself, which was issued pursuant to an order signed personally by the Minister. Consequently, only the Minister was authorized to sign the contested notice.
Footnotes
1 2017 QCTAQ 06363
2 Sections 114, 114.3 and 115.48 of the Environment
Quality Act
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