39 (1) The Lieutenant Governor in Council shall not make any regulation under subsection 38 (1) unless, (a)  the Minister has published a notice of the proposed regulation on a website of the Government of Ontario and given the notice by any other means that the Minister considers appropriate; (b)  the notice complies with the requirements of this section; (c)  the time period specified in the notice, during which members of the public may exercise a right described in clause (2) (b) have expired; (d)  the Minister has considered whatever comments and submissions members of the public have made on the proposed regulation in accordance with clause (2) (b); and (e)  the Minister has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate. Contents of notice (2) The notice referred to in clause (1) (a) shall contain, (a)  a description of the proposed regulation; (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 the comments must be submitted; (c)  a statement of where and when members of the public may review written information about the proposed regulation; (d)  the publication date of the notice; and (e)  any other information that the Minister considers appropriate. Time period for comments (3) The time period referred to in clause (2) (b) shall be at least 45 days after the Minister publishes the notice referred to in clause (1) (a), unless the Minister shortens the time period in accordance with subsection (4). Shorter time period for comments (4) The Minister may shorten a 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. Discretion to make regulations (5) On receiving the Minister’s report referred to in clause (1) (e), the Lieutenant Governor in Council, without further notice under subsection (1), may make the proposed regulations with any changes the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister’s report. No public consultation (6) The Minister may decide that this section should not apply to the power of the Lieutenant Governor in Council to make a regulation under subsection 38 (1) if, in the Minister’s opinion, any of the circumstances set out in subsection (4) apply. Same (7) If the Minister decides that this section should not apply to the power of the Lieutenant Governor in Council to make a regulation under subsection 38 (1), (a)  this section does 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. Publication of notice (8) The Minister shall publish the notice referred to in clause (7) (b) on a website of the Government of Ontario and give the notice by any other means that the Minister considers appropriate. Contents of notice (9) The notice referred to in clause (7) (b) shall include a statement of the Minister’s reasons for making the decision, the publication date of the notice and any other information the Minister considers appropriate. No review (10) Subject to subsection (11), a court shall not review any action, decision, failure to take action or failure to make a decision by the Minister or the Lieutenant Governor in Council under this section. Exception (11) 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 subsections (1) to (9) of this section. Time for application (12) No person shall make an application under subsection (11) with respect to a regulation later than 21 days after the Minister publishes a notice on a website of the Government of Ontario with respect to the regulation. 40 Omitted (provides for amendments to this Act). 41-43 Omitted (amends, repeals or revokes other legislation). 44 Omitted
(provides for coming into force of provisions of this Act). 45 Omitted (enacts short title of this Act). ______________  Français