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.
