10 (1) Subject to subsection (7), the Lieutenant Governor in Council shall not make any regulation under section 9 unless, (a) the Minister has published a notice of the proposed regulation in The Ontario Gazette and given notice of the proposed regulation by all other means that the Minister considers appropriate for the purpose of providing notice to the persons who may be affected by the proposed regulation; (b) the notice complies with the requirements of this section; (c) the time periods specified in the notice, during which members of the public may exercise a right described in clause (2) (b) or (c), have expired; and (d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (2) (b) or (c) and has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate.  2004, c. 3, Sched. B, s. 10 (1). Contents of notice (2) The notice mentioned in clause (1) (a) shall contain, (a) a description of the proposed regulation and the text of it; (b) a statement of the time period during which members of the public may submit written comments on the proposed regulation to the Minister and the manner in which and the address to which the comments must be submitted; (c) a description of whatever other rights, in addition to the right described in clause (b), that members of the public have to make submissions on the proposed regulation and the manner in which and the time period during which those rights must be exercised; (d) a statement of where and when members of the public may review written information about the proposed regulation; (e) all prescribed information; and (f) all other information that the Minister considers appropriate.  2004, c. 3, Sched. B, s. 10 (2). Time period for comments (3) The time period mentioned in clauses (2) (b) and (c) shall be at least 60 days after the Minister gives the notice mentioned in clause (1) (a) unless the Minister shortens the time period in accordance with subsection (4).  2004, c. 3, Sched. B, s. 10 (3). Shorter time period for comments (4) The Minister may shorten the time period if, in the Minister’s opinion, (a) the urgency of the situation requires it; (b) the proposed regulation clarifies the intent or operation of this Act or the regulations; or (c) the proposed regulation is of a minor or technical nature.  2004, c. 3, Sched. B, s. 10 (4). Discretion to make regulations (5) Upon receiving the Minister’s report mentioned in clause (1) (d), the Lieutenant Governor in Council, without further notice under subsection (1), may make the proposed regulation with the changes that the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister’s report.  2004, c. 3, Sched. B, s. 10 (5). No public consultation (6) The Minister may decide that subsections (1) to (5) should not apply to the power of the Lieutenant Governor in Council to make a regulation under section 9 if, in the Minister’s opinion, (a) the urgency of the situation requires it; (b) the proposed regulation clarifies the intent or operation of this Act or the regulations; or (c) the proposed regulation is of a minor or technical nature.  2004, c. 3, Sched. B, s. 10 (6). Same (7) If the Minister decides that subsections (1) to (5) should not apply to the power of the Lieutenant Governor in Council to make a regulation under section 9, (a) those subsections do not apply to the power of the Lieutenant Governor in Council to make the regulation; and (b) the Minister shall give notice of the decision to the public as soon as is reasonably possible after making the decision.  2004, c. 3, Sched. B, s. 10 (7). Contents of notice (8) The notice mentioned in clause (7) (b) shall include a statement of the Minister’s reasons for making the decision and all other information that the Minister considers appropriate.  2004, c. 3, Sched. B, s. 10 (8). Publication of notice (9) The Minister shall publish the notice mentioned in clause (7) (b) in The Ontario Gazette
and give the notice by all other means that the Minister considers appropriate.  2004, c. 3, Sched. B, s. 10 (9). Temporary regulation (10) If the Minister decides that subsections (1) to (5) should not apply to the power of the Lieutenant Governor in Council to make a regulation under section 9 because the Minister is of the opinion that the urgency of the situation requires it, the regulation shall, (a) be identified as a temporary regulation in the text of the regulation; and (b) unless it is revoked before its expiry, expire at a time specified in the regulation, which shall not be after the second anniversary of the day on which the regulation comes into force.  2004, c. 3, Sched. B, s. 10 (10). No review (11) Subject to subsection (12), a court shall not review any action, decision, failure to take action or failure to make a decision by the Lieutenant Governor in Council or the Minister under this section.  2004, c. 3, Sched. B, s. 10 (11). Exception (12) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by this section.  2004, c. 3, Sched. B, s. 10 (12). Time for application (13) No person shall make an application under subsection (12) with respect to a regulation later than 21 days after the day on which, (a) the Minister publishes a notice with respect to the regulation under clause (1) (a) or subsection (9), where applicable; or (b) the regulation is filed, if it is a regulation described in subsection (10).  2004, c. 3, Sched. B, s. 10 (13). 11 Omitted (amends or repeals other Acts).  2004, c. 3, Sched. B, s. 11. 12 Omitted (provides for coming into force of provisions of this Act).  2004, c. 3, Sched. B, s. 12. 13 Omitted (enacts short title of this Act).  2004, c. 3, Sched. B, s. 13. ______________  Français