Hazardous Materials Information Review Act
Marginal note:Hearing of appeal
23 (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(iv) [Repealed, 2012, c. 31, s. 271]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
- Date modified: