Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Review of Claim for Exemption

Marginal note:Review by Minister

• 12 (1) The Minister must review each claim for exemption that is filed in accordance with section 11 in order to determine, as soon as feasible and in accordance with the prescribed criteria, whether the claim, or a portion of it, is valid.

• Marginal note:Additional information

  (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister.

Marginal note:Determination

13 The Minister must, as soon as feasible after making a determination referred to in subsection 12(1), notify the claimant in writing of the determination and the reasons for it.

Marginal note:Order

• 14 (1) If the Minister determines that a claim for exemption, or a portion of it, is not valid, then the Minister may order the claimant

  • (a) to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act in respect of which the claim or portion of the claim for exemption was determined not to be valid; or

  • (b) to remove information specified in the order from a safety data sheet or label that accompanies the claim for exemption.

• Marginal note:Compliance

  (2) The claimant must comply with the order.

• Marginal note:Effect of compliance

  (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.

Review of Safety Data Sheet or Label

Marginal note:Effect of failure to provide information

15 For the purposes of subsections 16(1) and 18(1) and paragraph 21(b), a failure to provide information on a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11 does not constitute a failure to comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act if the information that is not provided is the information in respect of which the claim is filed.

Marginal note:Review by Minister

• 16 (1) The Minister may review a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, in order to determine whether the safety data sheet or label, or the portion of it, complies with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act.

• Marginal note:Additional information

  (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister.

Marginal note:Determination

17 The Minister must, as soon as feasible after making a determination referred to in subsection 16(1), notify the claimant in writing of the determination and the reasons for it.

Marginal note:Order

• 18 (1) If the Minister determines that a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act, then the Minister may order the claimant

  • (a) to comply, in the manner and within the period specified in the order, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act; or

  • (b) to remove information specified in the order from the safety data sheet or label.

• Marginal note:Compliance

  (2) The claimant must comply with the order.

• Marginal note:Effect of compliance

  (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.

Exemption Periods

Marginal note:Interim exemption period

• 19 (1) If a claim for exemption is filed in accordance with section 11, the claimant is, subject to section 21, exempt from the requirement in respect of which the exemption is claimed for the period that begins on the day on which the Minister registers the claim and ends on the day on which all judicial reviews and appeals are exhausted.

• Marginal note:Three-year exemption period

  (2) If a claim for exemption, or a portion of it, is valid after all judicial reviews and appeals are exhausted, then the claimant is, subject to section 22, exempt from the requirement in respect of which the claim, or portion of it, is valid for a period of three years that begins on the day after the day on which all judicial reviews and appeals are exhausted.

Marginal note:Conflict

20 If there is a conflict between subsection 19(1) or (2) and a provision of an order made under section 14 or 18, the provision of the order prevails to the extent of the conflict.

Suspension or Cancellation of Exemption

Marginal note:Exemption — subsection 19(1)

21 The Minister may suspend or cancel an exemption referred to in subsection 19(1) if

• (a) the Minister determines that the claim for exemption, or any portion of it, is not valid;

• (b) the Minister determines that a safety data sheet or label that accompanies the claim for exemption, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act;

• (c) the person who is exempted contravenes subsection 12(2) or 16(2);

• (d) the person who is exempted contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act;

• (e) the person who is exempted contravenes an order made under section 14 or 18; or

• (f) prescribed circumstances apply.

Marginal note:Exemption — subsection 19(2)

22 The Minister may suspend or cancel an exemption referred to in subsection 19(2) if

• (a) the Minister has reasonable grounds to believe that the claim for exemption that resulted in the exemption included false or misleading information;

• (b) the exempted person contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act;

• (c) the exempted person contravenes an order made under section 14 or 18; or

• (d) prescribed circumstances apply.

Marginal note:Notice

• 23 (1) A suspension or cancellation of an exemption takes effect on the day on which the Minister notifies the exempted person in writing of the suspension or cancellation and of the reasons for it.

• Marginal note:Opportunity to be heard

  (2) The person may, within 10 days after the day on which they are notified of the suspension or cancellation, provide the Minister with reasons why they believe the suspension or cancellation is unfounded.

Reinstatement of Suspended or Cancelled Exemption

Marginal note:Suspended exemption

24 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a suspended exemption if the reasons for the suspension no longer exist or the person demonstrates to the Minister that the suspension was unfounded.

Marginal note:Cancelled exemption

25 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a cancelled exemption if the person demonstrates to the Minister that the cancellation was unfounded.

Disclosure of Confidential Business Information

Marginal note:Definition of government

26 In sections 28 and 31, government means any of the following or their institutions:

• (a) the federal government;

• (b) a corporation named in Schedule III to the Financial Administration Act;

• (c) a provincial government or a public body established under a law of that province; or

• (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act.

Marginal note:Disclosure to address serious and imminent danger

27 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if the disclosure is necessary to address serious and imminent danger to human health or safety or to the environment.

Marginal note:Disclosure to government or for advice

• 28 (1) The Minister may, without the consent of the person to whose business or affairs the information relates, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if

  • (a) the purpose of the disclosure is related to the protection of human health or safety or the environment from a significant risk;

  • (b) the disclosure is made to a government or a person from whom the Minister seeks advice; and

  • (c) the government or person agrees in writing to maintain the confidentiality of the disclosed information and to use it only for the purpose referred to in paragraph (a).

• Marginal note:Notice

  (2) The Minister must, before disclosing information under subsection (1), notify the person to whose business or affairs the information relates.

Marginal note:Disclosure to physician or medical professional

29 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

Marginal note:Notice

• 30 (1) If the Minister discloses information under section 27 or 29, the Minister must notify the person to whose business or affairs the information relates no later than the next business day after the day on which disclosure is made.

• Marginal note:Definition of business day

  (2) In this section, business day means a day other than a Saturday or a holiday.

Marginal note:Subsequent disclosure

31 A person or government must not knowingly disclose information that was disclosed to them under section 27, 28 or 29 to any other person or government, except for the purpose for which it was disclosed to them.

Remission of Fees

Marginal note:Remission of fees

• 32 (1) The Minister may, by order, remit all or part of any fee prescribed under subsection 48(2).

• Marginal note:Remission may be conditional

  (2) A remission may be conditional.

Marginal note:Conditional remission

33 If a remission granted under subsection 32(1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.

Additional Powers, Duties and Functions of Minister

Marginal note:Additional powers, duties and functions

34 The Minister may, in addition to exercising the powers and performing the duties and functions specified in this Act,

• (a) exercise the powers and perform the duties and functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and

• (b) exercise the powers and perform the duties and functions that are conferred on or assigned to the Minister, in relation to the review of claims for exemption, by any law of a province relating to occupational health and safety.