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Version of document from 2019-07-29 to 2020-03-17:

Hazardous Materials Information Review Act

R.S.C., 1985, c. 24 (3rd Supp.), Part III

Hazardous Materials Information Review Act

[Enacted as Part III to R.S., 1985, c. 24 (3rd Supp.), in force October 1, 1987, see SI/87-220.]

Short Title

Marginal note:Short title

 This Act may be cited as the Hazardous Materials Information Review Act.

  • R.S., 1985, c. 24 (3rd Supp.), s. 9
  • 2012, c. 31, s. 282

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    affected party

    affected party, in respect of any provision of this Act, has the meaning assigned by regulation; (partie touchée)

    CAS registry number

    CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society; (numéro d’enregistrement CAS)

    chemical name

    chemical name means a scientific designation of a material or substance that is made in accordance with the rules of nomenclature of either the Chemical Abstracts Service, a division of the American Chemical Society, or the International Union of Pure and Applied Chemistry, or a scientific designation of a material or substance that is internationally recognized and that clearly identifies the material or substance; (dénomination chimique)

    Chief Appeals Officer

    Chief Appeals Officer means an individual designated as the Chief Appeals Officer under subsection 47(1); (agent d’appel en chef)

    Chief Screening Officer

    Chief Screening Officer means an individual designated as the Chief Screening Officer under subsection 47(1); (agent de contrôle en chef)

    Commission

    Commission[Repealed, 2012, c. 31, s. 269]

    controlled product

    controlled product[Repealed, 2014, c. 20, s. 146]

    employer

    employer has the same meaning as in Part II of the Canada Labour Code; (employeur)

    hazardous product

    hazardous product has the same meaning as in section 2 of the Hazardous Products Act; (produit dangereux)

    label

    label means a document that contains a label, as defined in section 2 of the Hazardous Products Act, that meets the requirements set out in the regulations made under subsection 15(1) of that Act; (étiquette)

    material safety data sheet

    material safety data sheet[Repealed, 2014, c. 20, s. 146]

    Minister

    Minister means the Minister of Health; (ministre)

    mixture

    mixture has the same meaning as in section 2 of the Hazardous Products Act; (mélange)

    prescribed

    prescribed means prescribed by regulation; (Version anglaise seulement)

    President

    President[Repealed, 2012, c. 31, s. 269]

    regulation

    regulation means a regulation made pursuant to section 48; (règlement)

    rule

    rule[Repealed, 2012, c. 31, s. 269]

    safety data sheet

    safety data sheet has the same meaning as in section 2 of the Hazardous Products Act; (fiche de données de sécurité)

    screening officer

    screening officer[Repealed, 2012, c. 31, s. 269]

    substance

    substance has the same meaning as in section 2 of the Hazardous Products Act; (substance)

    supplier

    supplier has the same meaning as in the Hazardous Products Act. (fournisseur)

  • Marginal note:Definition of provisions of the Hazardous Products Act

    (2) In this Act, provisions of the Hazardous Products Act means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of any regulation made pursuant to paragraph 15(1)(j) of that Act.

  • Marginal note:Definition of provisions of the Canada Labour Code

    (3) In this Act, provisions of the Canada Labour Code means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of section 125.2 of that Act or any regulation made pursuant to section 157 of that Act for the purposes of section 125.2 of that Act.

  • Marginal note:Definition of provisions of the Accord Act

    (4) In this Act, provisions of the Accord Act means

  • R.S., 1985, c. 24 (3rd Supp.), s. 10
  • 1992, c. 1, s. 145(F)
  • 1996, c. 8, s. 32
  • 2012, c. 31, ss. 269, 282
  • 2014, c. 13, s. 105, c. 20, s. 146

Review of Confidential Business Information

Marginal note:Claim for exemption by supplier

  •  (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:

    • (a) in the case of a material or substance that is a hazardous product,

      • (i) the chemical name of the material or substance,

      • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

      • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

    • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

      • (i) the chemical name of the ingredient,

      • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

      • (iii) the concentration or concentration range of the ingredient; and

    • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture.

  • Marginal note:Claim for exemption by employer

    (2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose it by filing with the Chief Screening Officer a claim for exemption in accordance with this section:

    • (a) in the case of a material or substance that is a hazardous product,

      • (i) the chemical name of the material or substance,

      • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

      • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

    • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

      • (i) the chemical name of the ingredient,

      • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

      • (iii) the concentration or concentration range of the ingredient;

    • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

    • (d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;

    • (e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and

    • (f) information that could be used to identify a supplier of a hazardous product.

  • Marginal note:Manner of filing claim and fee payable

    (3) A claim for exemption shall be in such form and be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

  • Marginal note:Contents of claim

    (4) A claim for exemption shall be accompanied by the safety data sheet or label to which the claim relates and shall contain

    • (a) the information in respect of which the exemption is claimed;

    • (b) a declaration stating that the claimant believes that the information in respect of which the exemption is claimed is confidential business information that meets the criteria prescribed under paragraph 48(1)(a) and that information substantiating the claim — as specified in the regulations — is in the possession of, or is available to, the claimant and will be provided on request;

    • (c) a summary of the information substantiating the claim; and

    • (d) any other prescribed information.

  • Marginal note:Restriction

    (5) Where a supplier or an employer files a claim for exemption in accordance with this section and the final disposition of the proceedings in relation to the claim is that the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid.

  • R.S., 1985, c. 24 (3rd Supp.), s. 11
  • 1992, c. 1, s. 144(F)
  • 2001, c. 34, s. 49(F)
  • 2007, c. 7, s. 1
  • 2012, c. 31, s. 284(F)
  • 2014, c. 13, s. 106, c. 20, ss. 147, 161

Marginal note:Duties of Chief Screening Officer

  •  (1) The Chief Screening Officer shall, on receipt of a claim for exemption and the safety data sheet or label to which it relates and of payment of the required fee,

    • (a) cause a notice of the filing of the claim to be published in the Canada Gazette; and

    • (b) assign a screening officer to review the claim and the safety data sheet or label to which it relates.

  • Marginal note:Notice

    (2) The notice referred to in paragraph (1)(a) shall contain a statement offering every affected party the opportunity to make, within the period specified in the notice, written representations to the screening officer with respect to the claim for exemption and the safety data sheet or label to which it relates.

  • Marginal note:Restriction

    (3) The notice referred to in paragraph (1)(a) shall not disclose any information in respect of which the claim for exemption is made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 12
  • 2001, c. 34, s. 50(F)
  • 2012, c. 31, s. 284(F)
  • 2014, c. 20, s. 148

Marginal note:Duties of screening officer

  •  (1) A screening officer shall review a claim for exemption and the safety data sheet or label to which it relates in accordance with the prescribed procedures and shall

    • (a) decide whether, having regard to the criteria prescribed pursuant to paragraph 48(1)(a), the claim or any portion of the claim is valid; and

    • (b) decide whether the safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be.

  • Marginal note:Substantiating information

    (1.1) The screening officer may, for the purpose of determining the matter referred to in paragraph (1)(a), ask the claimant to provide the information substantiating the claim for exemption in the following circumstances:

    • (a) an affected party has made written representations with respect to the claim;

    • (b) the information contained in the summary referred to in paragraph 11(4)(c) is to be verified; or

    • (c) any other prescribed circumstances.

  • (2) [Repealed, 2012, c. 31, s. 270]

  • R.S., 1985, c. 24 (3rd Supp.), s. 13
  • 1996, c. 8, s. 34
  • 2007, c. 7, s. 2
  • 2012, c. 31, s. 270
  • 2014, c. 13, s. 107, c. 20, ss. 149, 161

Marginal note:Screening officer may request additional information

  •  (1) A screening officer may, for the purposes of determining any matter referred to in paragraph 13(1)(a) or (b), by registered mail, send a written notice to a claimant requesting the claimant to submit such additional information as the screening officer may require.

  • Marginal note:Claimant shall comply with request

    (2) Every claimant to whom a notice referred to in subsection (1) is sent shall disclose to the screening officer, in the manner and within the period specified in the notice, any information that is requested in the notice and is in the possession of, or is available to, the claimant.

  • R.S., 1985, c. 24 (3rd Supp.), s. 14
  • 2014, c. 20, s. 150(F)

Marginal note:Decision in writing

  •  (1) A screening officer shall, as soon as is practicable, render a decision in writing on a claim for exemption and the safety data sheet or label to which it relates, including reasons for the decision, and shall

    • (a) cause a copy of the decision to be given to the claimant; and

    • (b) cause a notice of the decision to be given to each affected party who made written representations to the screening officer with respect to the claim for exemption or the safety data sheet or label to which it relates.

  • Marginal note:Notice of decision

    (2) The notice referred to in paragraph (1)(b) shall contain sufficient information to indicate the purport of a decision of a screening officer and the reasons therefor but shall not disclose any information in respect of which a claim for exemption is made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 15
  • 2014, c. 20, s. 151

Marginal note:Order of screening officer

  •  (1) If, under paragraph 13(1)(a), a screening officer determines that a claim or portion of a claim for exemption is not valid, the screening officer shall order the claimant 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.

  • Marginal note:No retrospective effect

    (2) No order made under subsection (1) shall have retrospective effect.

  • Marginal note:Compliance with order

    (3) Every claimant to whom an order made under subsection (1) is directed shall comply with the order in the manner and within the period specified in the order.

  • Marginal note:Deemed compliance

    (4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, be deemed to have complied with those provisions.

  • R.S., 1985, c. 24 (3rd Supp.), s. 16
  • 2014, c. 13, s. 108

Marginal note:Undertaking

  •  (1) If a screening officer determines under paragraph 13(1)(b) that a safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.

  • Marginal note:Agreement by claimant

    (2) If the claimant agrees with the measures set out in the undertaking, the claimant shall sign the undertaking and return it to the screening officer together with the amended safety data sheet or label.

  • Marginal note:Notice

    (3) On receipt of the signed undertaking, if the screening officer is satisfied, after reviewing the safety data sheet or label, that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall send a notice to the claimant confirming their compliance with the undertaking.

  • Marginal note:Deemed compliance

    (4) A claimant to whom the notice is sent is, for the purposes of the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, deemed to have complied with those provisions.

  • 2007, c. 7, s. 3
  • 2014, c. 13, s. 109, c. 20, ss. 152, 161

Marginal note:Order re material safety data sheet

  •  (1) If the screening officer does not receive the signed undertaking, or is not satisfied that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall order the claimant to comply with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the order.

  • Marginal note:No retrospective effect

    (2) No order made under subsection (1) shall have retrospective effect.

  • Marginal note:Compliance with order

    (3) Every claimant to whom an order made under subsection (1) is directed shall comply with the requirements specified in the order in the manner and within the period specified in the order.

  • Marginal note:Deemed compliance

    (4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, be deemed to have complied with those provisions.

  • R.S., 1985, c. 24 (3rd Supp.), s. 17
  • 2007, c. 7, s. 4
  • 2014, c. 13, s. 110, c. 20, ss. 153(F), 161

Marginal note:Notice

  •  (1) The Chief Screening Officer shall cause to be published in the Canada Gazette

    • (a) in respect of each decision made under section 15 and each order made under section 16 or 17

      • (i) a notice containing prescribed information, and

      • (ii) a notice containing any information that, in the opinion of a screening officer, should have been disclosed on any safety data sheet or label reviewed by the screening officer; and

    • (b) in respect of each undertaking for which a notice has been sent under subsection 16.1(3)

      • (i) a notice containing prescribed information, and

      • (ii) a notice containing any information that has been disclosed on any safety data sheet or label in compliance with the undertaking.

  • Marginal note:Copies

    (2) The Chief Screening Officer shall make copies of any notice published in the Canada Gazette under subsection (1) available to any person on request in writing.

  • Marginal note:Restriction

    (3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 18
  • 2007, c. 7, s. 5
  • 2012, c. 31, s. 284(F)
  • 2014, c. 20, s. 154

Exemption

Marginal note:Exemption

  •  (1) Every person who files a claim for exemption in accordance with section 11 is, until the final disposition of the proceedings in relation to the claim for exemption, exempt from the requirement in respect of which the exemption is claimed.

  • Marginal note:Idem

    (2) Where the final disposition of the proceedings in relation to a claim for exemption is that the claim or a portion of the claim is valid, the claimant is, for a period of three years beginning on the final disposition of the proceedings, exempt from the requirement in respect of which the claim or portion of the claim is determined to be valid.

  • Marginal note:Definition of proceedings

    (3) In this section, proceedings, in relation to a claim for exemption, means any proceedings under this Act in relation to that claim for exemption and includes proceedings commenced in the Federal Court and proceedings on any appeal from any decision of that Court.

  • R.S., 1985, c. 24 (3rd Supp.), s. 19
  • 2012, c. 31, s. 282

Appeals

Marginal note:Right of appeal

  •  (1) A claimant or an affected party may appeal any decision or order made under section 15, 16 or 17, and an affected party may also appeal any undertaking in respect of which a notice has been published in the Canada Gazette.

  • Marginal note:Procedure on appeal

    (1.1) An appeal shall be brought by filing with the Chief Appeals Officer, within the prescribed period, a statement of appeal setting out the grounds on which the appeal is made and any submissions in support of the appeal.

  • Marginal note:Manner of filing appeal and fee payable

    (2) A statement of appeal shall be in such form and shall be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

  • Marginal note:Stay of order

    (3) An appeal instituted pursuant to subsection (1) in relation to an order of a screening officer made under section 16 or 17 shall stay the operation of the order.

  • R.S., 1985, c. 24 (3rd Supp.), s. 20
  • 2007, c. 7, s. 6
  • 2012, c. 31, s. 283(F)

Marginal note:Duties of Chief Appeals Officer

 The Chief Appeals Officer shall, on receipt of a statement of appeal and of payment of the required fee,

  • (a) cause an appeal board to be appointed in accordance with section 43 to hear and determine the appeal; and

  • (b) cause a notice of the appointment of an appeal board to be given to the claimant and to each affected party who made written representations to the screening officer with respect to the matter under appeal.

  • R.S., 1985, c. 24 (3rd Supp.), s. 21
  • 2012, c. 31, s. 283(F)

Marginal note:Convening of appeal board

 An appeal board shall be convened in the province in which the claimant carries on business or, where the claimant carries on business in more than one province, in the province that, in the opinion of the Chief Appeals Officer, is the most directly concerned with the question under appeal.

  • R.S., 1985, c. 24 (3rd Supp.), s. 22
  • 2012, c. 31, s. 283(F)

Marginal note:Hearing of appeal

  •  (1) An appeal board shall hear an appeal

    • (a) in accordance with the prescribed procedures;

    • (b) on the basis of

      • (i) the record of the screening officer in respect of the decision, order or undertaking being appealed,

      • (ii) the statement of appeal, and

      • (iii) any submissions made to the appeal board by the claimant or by any affected party;

      • (iv) [Repealed, 2012, c. 31, s. 271]

    • (c) where appropriate, having regard to the criteria prescribed pursuant to paragraph 48(1)(a).

  • Marginal note:Appearance of Minister

    (1.1) The Minister may appear before the appeal board to make representations with respect to a submission made to it.

  • Marginal note:Disposition of an appeal of a decision or order

    (2) An appeal board may dispose of an appeal of a decision or an order by

    • (a) dismissing the appeal and confirming the decision or order of the screening officer; or

    • (b) allowing the appeal and either varying or rescinding the decision or order being appealed.

  • Marginal note:Disposition of appeal of an undertaking

    (3) An appeal board may dispose of an appeal of an undertaking by

    • (a) dismissing the appeal; or

    • (b) allowing the appeal and making any order that the appeal board considers appropriate.

  • Marginal note:No retrospective effect

    (4) No order made under paragraph (3)(b) shall have retrospective effect.

  • Marginal note:Compliance with order

    (5) A claimant to whom an order under paragraph (3)(b) is directed shall comply with the order in the manner and within the period specified in the order.

  • R.S., 1985, c. 24 (3rd Supp.), s. 23
  • 2001, c. 34, s. 51(F)
  • 2007, c. 7, s. 7
  • 2012, c. 31, s. 271

Marginal note:Decision in writing

  •  (1) An appeal board shall, as soon as is practicable, render a decision in writing on an appeal, including reasons for the decision, and shall

    • (a) cause a copy of the decision to be given to the claimant and the Minister; and

    • (b) cause a notice of the decision to be given to each affected party who made submissions on the appeal to the appeal board.

  • Marginal note:Notice of decision

    (2) The notice referred to in paragraph (1)(b) shall contain sufficient information to indicate the purport of a decision of an appeal board and the reasons therefor but shall not disclose any information in respect of which a claim for exemption was made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 24
  • 2012, c. 31, s. 272
  • 2014, c. 20, s. 155(F)

Marginal note:Effect of confirmation of order on appeal

  •  (1) Where under paragraph 23(2)(a) an appeal board confirms a decision or order of a screening officer, the decision or order of the screening officer has the same force and effect as if the decision or order had not been appealed and shall be deemed to have been made on the date of the decision of the appeal board and, where the appeal board confirms an order of a screening officer made under section 16 or 17, any period specified in the order for compliance therewith shall be extended accordingly.

  • Marginal note:Effect of variation of order on appeal

    (2) Where under paragraph 23(2)(b) an appeal board varies a decision or order of a screening officer, the decision or order of the screening officer shall be deemed to have been made as varied and shall be deemed to have been made on the date of the decision of the appeal board.

Marginal note:Order for disclosure

  •  (1) An appeal board may order a claimant to disclose in confidence to an affected party named in the order or to each affected party within a class of affected parties designated in the order any information in respect of which a claim for exemption that is the subject-matter of an appeal was made if, in the opinion of the appeal board, for reasons of health and safety in a work place, the information should be disclosed.

  • Marginal note:Compliance with order

    (2) Every claimant to whom an order made under subsection (1) is directed shall comply with the order in the manner and within the period specified in the order.

  • Marginal note:Information privileged

    (3) No affected party to whom information is disclosed in confidence pursuant to an order made under subsection (1) shall disclose that information to any other person or allow any other person to have access to that information.

  • R.S., 1985, c. 24 (3rd Supp.), s. 26
  • 2014, c. 20, s. 156(F)

Marginal note:Notice

  •  (1) The Chief Appeals Officer shall cause to be published in the Canada Gazette

    • (a) a notice containing prescribed information on each decision made by an appeal board under section 24; and

    • (b) a notice containing any information that, in the opinion of an appeal board, should have been disclosed on any safety data sheet or label that was the subject matter of an appeal to the appeal board.

  • Marginal note:Copies

    (2) The Chief Appeals Officer shall make copies of any notice published in the Canada Gazette under paragraph (1)(a) or (b) available to any person on request in writing.

  • Marginal note:Restriction

    (3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 27
  • 2012, c. 31, s. 283(F)
  • 2014, c. 20, s. 157

Council

Marginal note:Council established

  •  (1) The Minister shall establish a council, whose members are appointed by the Minister, to advise and assist him or her on matters arising in connection with the operation of this Act.

  • Marginal note:Appointment of members

    (2) The council shall consist of the following members:

    • (a) two members to represent workers, appointed after consultation by the Minister with any organizations representative of workers that the Minister considers appropriate;

    • (b) one member to represent suppliers, appointed after consultation by the Minister with any organizations representative of suppliers that the Minister considers appropriate;

    • (c) one member to represent employers, appointed after consultation by the Minister with any organizations representative of employers that the Minister considers appropriate;

    • (d) one member to represent the Government of Canada, appointed on the recommendation of the Minister of Labour; and

    • (e) not fewer than four and not more than 13 members to represent the governments of the 10 provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.

  • R.S., 1985, c. 24 (3rd Supp.), s. 28
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 177(E)
  • 2012, c. 31, s. 274

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

 [Repealed, 2012, c. 31, s. 275]

Appeal Boards

Marginal note:Appeal boards

  •  (1) An appeal board shall, in relation to appeals relating to the provisions of the Hazardous Products Act, consist of three members to be appointed as follows:

    • (a) one member, who shall be chairman of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the lieutenant governor in council of the province in which the appeal board is to be convened;

    • (b) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(i) maintained in respect of that province; and

    • (c) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(ii) maintained in respect of that province.

  • Marginal note:Idem

    (2) An appeal board shall, in relation to an appeal relating to the provisions of the Canada Labour Code, consist of three members to be appointed as follows:

    • (a) one member, who shall be the chairman of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the Minister of Labour;

    • (b) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(b)(i) maintained in respect of the province in which the appeal board is to be convened; and

    • (c) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(b)(ii) maintained in respect of that province.

  • Marginal note:Idem

    (2.1) An appeal board shall, in relation to an appeal relating to the provisions of the Accord Act, consist of three members to be appointed as follows:

    • (a) one member, who shall be the chairperson of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the lieutenant governor in council of the province in which the appeal board is to be convened;

    • (b) one member appointed by the chairperson of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(i) or (b)(i) maintained in respect of the province in which the appeal board is to be convened; and

    • (c) one member appointed by the chairperson of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(ii) or (b)(ii) maintained in respect of that province.

  • Marginal note:Lists of nominees

    (3) The Chief Appeals Officer shall establish and maintain in respect of each province the following lists of nominees for appointment to appeal boards to be convened in that province:

    • (a) in relation to appeals relating to the provisions of the Hazardous Products Act,

      • (i) a list containing the names of persons nominated for appointment by any organizations representative of workers in that province that the Minister considers appropriate, and

      • (ii) a list containing the names of persons nominated for appointment by any organizations representative of suppliers and any organizations representative of employers in that province that the Minister considers appropriate; and

    • (b) in relation to appeals relating to the provisions of the Canada Labour Code,

      • (i) a list containing the names of persons nominated for appointment by any organizations representative of employees in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate, and

      • (ii) a list containing the names of persons nominated for appointment by any organizations representative of employers in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate.

  • Marginal note:Council consulted

    (3.1) The Minister shall consult the council in identifying the organizations that the Minister considers appropriate for the purposes of paragraph (3)(a).

  • Marginal note:Remuneration and expenses

    (4) A member of an appeal board is entitled to be paid such fees or other remuneration for services as the Governor in Council may from time to time determine and is entitled to be paid reasonable travel and living expenses incurred in carrying out any duties under this Act while absent from the member’s ordinary place of residence.

  • Marginal note:Exception

    (5) No screening officer is eligible for appointment to an appeal board.

  • R.S., 1985, c. 24 (3rd Supp.), s. 43
  • 2012, c. 31, ss. 276, 282, 283(F)
  • 2014, c. 13, s. 111

Marginal note:Powers of appeal boards

 An appeal board has and may exercise all the powers that are or may be conferred by or under sections 4, 5 and 11 of the Inquiries Act on commissioners appointed under Part I of that Act.

Superannuation

Marginal note:Members

 A member of the council or of an appeal board shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

  • R.S., 1985, c. 24 (3rd Supp.), s. 45
  • 2012, c. 31, s. 277

Confidentiality of Information

Marginal note:Information privileged

  •  (1) Subject to this Act and any regulations made under it, all information obtained from a supplier or employer for the purposes of this Act is privileged and, despite the Access to Information Act or any other Act or law, no person who has obtained information from a supplier or employer for the purposes of this Act shall knowingly, without the written consent of the person who provided the information,

    • (a) communicate the information, or allow it to be communicated, to any person; or

    • (b) allow any person to inspect or to have access to any book, record, writing or other document containing that information.

  • Marginal note:Exception — administration or enforcement of Act

    (1.1) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information for the purposes of the administration or enforcement of this Act.

  • Marginal note:Exceptions

    (2) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information, to or by

    • (a) [Repealed, 2012, c. 31, s. 278]

    • (b) [Repealed, 1996, c. 8, s. 24]

    • (c) any official of the Department of Employment and Social Development, the Canada Industrial Relations Board in the exercise of its powers or the performance of its duties or functions under Part II of the Canada Labour Code, other than the powers, duties and functions set out in sections 133 and 134 of that Act, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2) of that Act, for the purposes of the administration or enforcement of Part II of that Act;

    • (c.1) any health and safety officer as defined in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, for the purposes of the administration and enforcement of Part III.1 of that Act or any health and safety officer as defined in subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, for the purposes of the administration and enforcement of Part III.1 of that Act;

    • (d) any official of the Department of Transport, for the purpose of making the information available in cases of medical emergency through the Canadian Transport Emergency Centre (CANUTEC) of the Department of Transport; and

    • (e) any official of the government of a province, for the purposes of the administration or enforcement of any law of the province relating to occupational safety and health where under the law of that province similar provisions exist to protect the confidentiality of the information obtained as a result of such communication, inspection or access.

  • Marginal note:Other exceptions

    (3) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate or disclose the information or cause it to be communicated or disclosed 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:Conditions

    (4) No person who obtains any information pursuant to subsection (2) or (3) shall knowingly disclose that information to any other person or knowingly allow any other person to have access to that information, except as may be necessary for the purposes mentioned in that subsection.

  • Marginal note:Definition of official

    (5) In this section, official means any person employed in or occupying a position of responsibility in the service of Her Majesty, or any person formerly so employed or formerly occupying such a position.

  • R.S., 1985, c. 24 (3rd Supp.), s. 46
  • 1992, c. 1, s. 145(F)
  • 1996, c. 8, s. 24, c. 11, s. 60
  • 2000, c. 20, s. 26
  • 2005, c. 34, s. 79
  • 2012, c. 31, s. 278
  • 2013, c. 40, ss. 201, 237
  • 2014, c. 13, s. 112, c. 20, s. 158(F)
  • 2017, c. 20, s. 395

Powers of the Minister

Marginal note:Designations

  •  (1) The Minister may designate any individual as Chief Screening Officer and any other individual as Chief Appeals Officer.

  • Marginal note:Powers and functions

    (2) The Minister may, in addition to exercising the powers and performing the functions specified in this Act,

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

  • R.S., 1985, c. 24 (3rd Supp.), s. 47
  • 2012, c. 31, s. 279

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate, make regulations

    • (a) prescribing the criteria to be applied for the purpose of determining whether a claim for exemption is valid;

    • (b) prescribing the procedure to be followed by a screening officer in reviewing a claim for exemption;

    • (b.1) specifying the information that is required for the purpose of substantiating a claim for an exemption;

    • (b.2) respecting the participation of the Minister in an appeal heard before an appeal board;

    • (c) prescribing the procedure to be followed by an appeal board in the hearing of an appeal;

    • (d) defining the expression “affected party” for the purposes of this Act or of any provision thereof;

    • (e) prescribing any other matter or thing, other than a fee or the manner of calculating a fee, that by this Act is to be or may be prescribed; and

    • (f) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Regulations prescribing fees

    (2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the council, make regulations prescribing fees or the manner of calculating fees to be paid under this Act.

  • R.S., 1985, c. 24 (3rd Supp.), s. 48
  • 2007, c. 7, s. 8
  • 2012, c. 31, ss. 280, 282

Offence and Punishment

Marginal note:Offence

  •  (1) Every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act

    • (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or

    • (b) is guilty of an indictable offence and liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both.

  • Marginal note:Officers, etc., of corporations

    (2) Where a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Limitation period

    (3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

  • R.S., 1985, c. 24 (3rd Supp.), s. 49
  • 2012, c. 31, s. 282

Liability

Marginal note:No personal liability

 No member of an appeal board is personally liable for anything done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.

  • R.S., 1985, c. 24 (3rd Supp.), s. 50
  • 2012, c. 31, s. 281

 [Repealed, 2012, c. 31, s. 281]

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