11 (1) If the Minister intends to refuse an approval that he or she is empowered to give under this Act or to make an order directing any act that will incur costs, the Minister shall, before refusing the approval or making the order, give notice of the intention to the person asking for the approval or to whom the order would be directed.  1998, c. 18, Sched. I, s. 28. When notice received (2) A notice that is mailed by prepaid post to the last known address recorded with the Ministry for a person shall be deemed to have been received by that person five business days after it is mailed.  1998, c. 18, Sched. I, s. 28. Request for inquiry (3) The notice shall inform the person to whom it is given that the person is entitled to an inquiry if a written request for an inquiry is delivered to the Minister within 15 days after the notice is received.  1998, c. 18, Sched. I, s. 28. Inquiry required (4) If the Minister receives a request for an inquiry within the time set out in subsection (3), the Minister shall cause an inquiry to be held and shall consider the inquiry officer’s report before making a decision respecting an approval or the making of an order.  1998, c. 18, Sched. I, s. 28. Inquiry not required (5) Subsections (1), (3) and (4) do not apply if the Minister is of the opinion that an immediate order is necessary to protect any person from injury or property from damage and if the Minister so states in the order.  1998, c. 18, Sched. I, s. 28; 2001, c. 9, Sched. K, s. 3 (4). Inquiry officer (6) The Minister may appoint an inquiry officer and shall specify the particulars of the inquiry.  1998, c. 18, Sched. I, s. 28. Inquiry (7) An inquiry officer shall establish the parties to the inquiry, shall fix a time and place for the inquiry, giving adequate notice in the circumstances, and shall hold the inquiry specified.  1998, c. 18, Sched. I, s. 28. Parties (8) The following are parties to an inquiry: 1. The person who requested the inquiry. 2. The Minister. 3. Any person whom the inquiry officer determines has a direct interest and should be added as a party.  1998, c. 18, Sched. I, s. 28. Disclosure (9) At least 20 days before the day fixed for the inquiry, (a) each of the parties to the inquiry shall serve each of the other parties a statement setting out the grounds and a list of the documents upon which each intends to rely at the inquiry; and (b) each party to the inquiry shall make available for inspection by the other parties all documents that the party proposes to use at the inquiry.  1998, c. 18, Sched. I, s. 28. Purpose of inquiry (10) The inquiry officer shall inquire as to whether the refusal of approval or the proposed order is fair, sound and reasonably necessary to achieve the purposes of this Act.  1998, c. 18, Sched. I, s. 28. Report (11) The inquiry officer shall report to the Minister, (a) setting out the findings of fact; (b) stating the officer’s opinion on the merits and the reasons for that opinion; and (c) setting out the officer’s recommendations.  1998, c. 18, Sched. I, s. 28. Copies of report (12) The inquiry officer shall provide a copy of the report to each of the other parties.  1998, c. 18, Sched. I, s. 28. Application of R.S.O. 1990, c. S.22 (13) Sections 6 to 16, 21, 21.1, 22 and 23 of the
Statutory Powers Procedure Act apply, with necessary modification, to an inquiry under this section.  1998, c. 18, Sched. I, s. 28. Minister’s decision (14) The Minister, after considering the report, may, (a) in the case of a request for approval, grant the approval requested or a modified version of it or refuse to grant the approval; or (b) in the case of a proposed order, make the order proposed or a modified version of it or refrain from making the proposed order.  1998, c. 18, Sched. I, s. 28. Reasons (15) The Minister shall give reasons for his or her decision to the parties to the inquiry.  1998, c. 18, Sched. I, s. 28. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 28 - 18/12/1998 2001, c. 9, Sched. K, s. 3 (4) - 29/06/2001 No petition to Lieutenant Governor in Council