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Hazardous Materials Information Review Act

Version of section 11 from 2014-12-31 to 2015-02-10:


Marginal note:Claim for exemption by supplier

  •  (1) Any supplier who is required, either directly or indirectly, pursuant to the provisions of the Hazardous Products Act, to disclose

    • (a) the chemical identity or concentration of any ingredient of a controlled product, or

    • (b) the name of any toxicological study that identifies any ingredient of a controlled product

    may, if the supplier considers such information 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.

  • Marginal note:Claim for exemption by employer

    (2) Any employer who is required, either directly or indirectly, under the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose

    • (a) the chemical identity or concentration of any ingredient of a controlled product,

    • (b) the name of any toxicological study that identifies any ingredient of a controlled product,

    • (c) the chemical name, common name, generic name, trade-name or brand name of a controlled product, or

    • (d) information that could be used to identify a supplier of a controlled product

    may, if the employer considers such information 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.

  • 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 material 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

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