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Hazardous Materials Information Review Act

Version of section 23 from 2013-04-01 to 2020-03-17:


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      • (iv) [Repealed, 2012, c. 31, s. 271]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