H-2.7Hazardous Materials Information Review ActSOR/91-8619911
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HAZARDOUS MATERIALS INFORMATION REVIEW ACTHazardous Materials Information Review Act Appeal Board Procedures RegulationsP.C.1990-2868  199012
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Whereas the Minister of Consumer and Corporate Affairs, pursuant to subsection 48(1) of the Hazardous Materials Information Review Act*, has consulted with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deemed appropriate in respect of the prescription of:R.S., c. 24 (3rd Supp.), Part IIIthe period within which a claimant or an affected party may appeal a decision or order of a screening officer rendered under section 15, 16 or 17 of that Act,the form of a statement of appeal and the manner in which it shall be filed,the procedure to be followed by an appeal board in the hearing of an appeal, andthe information to be contained in a notice to be published in the Canada Gazette on each decision rendered by an appeal board under section 24 of that Act;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to subsections 20(1) and (2) and paragraphs 23(1)(a), 27(1)(a) and 48(1)(c), (e) and (f) of the Hazardous Materials Information Review Act*, is pleased hereby to make the annexed Regulations respecting Hazardous Materials Information Review Act appeal board procedures.
[Repealed, SOR/2008-262, s. 2]Previous Version
INTERPRETATION
In these Regulations,Act means the Hazardous Materials Information Review Act; (Loi)affected party has the meaning assigned to that expression by subsection 2(2) of the Hazardous Materials Information Review Regulations; (partie touchée)appeal board means an appeal board appointed in accordance with paragraph 21(a) and section 43 of the Act; (commission d’appel)appellant means a claimant or affected party who appeals, under subsection 20(1) of the Act, a decision, order or undertaking of a screening officer; (appelant)applicant means an affected party who makes an application for an order under subsection 26(1) of the Act; (requérant)claimant means a supplier or employer who makes a claim for exemption under the Act; (demandeur)confidential business information means any confidential information in respect of which a claim for exemption has been made; (renseignements confidentiels commerciaux)confidential information means any information that is confidential, other than confidential business information; (renseignements confidentiels)counsel means a member of the Bar of any province who is authorized by a claimant or affected party to represent the claimant or affected party in a proceeding; (avocat)major shareholder means a person who holds, directly or indirectly, other than by way of security only, 10 per cent or more of the issued and outstanding voting securities of a corporation; (actionnaire important)party means a claimant or an affected party who files an appearance in accordance with subsection 10(1), an appellant or an applicant; (partie)proceedings means any proceedings under the Act on an appeal or application; (instance)related group [Repealed, SOR/2008-262, s. 3]related persons [Repealed, SOR/2008-262, s. 3]union association means a group of workers constituted as a professional syndicate, union, brotherhood or otherwise or a group of those syndicates, unions, brotherhoods or other groups of workers similarly constituted, having as its objects the study, safeguarding and development of the economic, social or educational interests of its members or the negotiation and application of collective agreements. (association syndicale)For the purposes of these Regulations, a corporation is controlled by a party ifsecurities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, except by way of security only, by or for the benefit of that party; andthe votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.
  • SOR/2008-262, ss. 3, 13.
Previous Version
APPLICATION
These Regulations apply in respect of:an appeal made pursuant to subsection 20(1) of the Act; andan application made pursuant to subsection 26(1) of the Act.
  • SOR/2008-262, s. 4(F).
Previous Version
APPEALS AND APPLICATIONSStatement of Appeal
A statement of appeal shall be in Form 1 of the schedule and shall be filed with the Chief Appeals Officer pursuant to subsection 20(1) of the Act within 45 days after the date of publication in the Canada Gazette of the notice published pursuant to section 18 of the Act in respect of the decision, order or undertaking that is the subject of the appeal.
  • SOR/2008-262, s. 13.
Previous Version
Application
An application shallbe in Form 2 of the schedule;be filed with the appeal board; andcontain a full statement of the reasons, facts and circumstances supporting the application.A statement of appeal may include an application.
Simultaneous Hearing of an Appeal and an Application
The appeal board may hear an application at the same time as an appeal wherethe application isincluded with a statement of appeal, ormade at any other time before the conclusion of an appeal proceeding;the appeal board believes that hearing the application at that time would avoid duplication of proceedings; andthe appeal board considers it convenient to hear the application at that time.
Access to Record of Screening Officer
The Chief Appeals Officer shall, on the filing of a statement of appeal in accordance with section 4, require the Chief Screening Officer to transmit to the Appeals Division the record pertaining to the decision, order or undertaking that is the subject of the appeal.Where a party requests, for the purpose of participation in an appeal, access to the record of the screening officer pertaining to the decision, order or undertaking being appealed, the appeal board shall, subject to subsection (3), permit the party to view the record and to make copies thereof at the party’s expense.Where a record referred to in subsection (2) contains confidential business information or confidential information that was not provided by the requesting party and that can be readily separated from the record, the appeal board shall sever the information from the record andpermit the party to view and copy only those portions of the record that contain information that is notconfidential business information, orconfidential information; andsubject to subsections (5), (6) and (7), permit the party’s counsel or an expert who assists the counsel to view and, if the appeal board so directs, copy any confidential information.A counsel or an expert who assists the counsel may sign and file with the appeal board, and shall serve on the other parties, a copy of an affirmation and promise in Form 5 of the schedule if the counsel or the expertis ordinarily resident in Canada;is not an employee, officer, director or major shareholder of any party to the proceedings or of any corporation controlled by such a party;is not an employee, official or representative of a union association; anddoes not have a personal interest that could influence, or reasonably appear to influence, the exercise of their duties with respect to the proceedings.If a party is of the opinion that a counsel or expert has a personal interest described in paragraph (4)(d), the party must without delay notify the appeal board in writing and include representations as to the reason for that opinion.A counsel may request and be granted access to confidential information in the record referred to in subsection (2) if the counselhas signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); andsatisfies the appeal board thatthe counsel is independent from the party the counsel represents,the counsel does not have a personal interest described in paragraph (4)(d), andaccess to that confidential information is necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.An expert who assists a counsel who has made a request under subsection (5) may, on the request of the counsel, be permitted access to the confidential information in the record referred to in subsection (2) if the experthas signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); andsatisfies the appeal board thatthe expert is independent from the party on whose behalf the expert is retained,the expert does not have a personal interest described in paragraph (4)(d),the expert is a person possessing expertise relevant to material issues in the proceedings, andthe assistance of a person possessing that expertise is necessary for counsel to prepare effectively for, or to participate in, the proceedings.The appeal board shall consider a request made under subsection (5) or (6) where the prerequisite procedures set out in subsections (4) and (5), in the case of a counsel, or in subsections (4) and (6), in the case of an expert, have been followed and the other parties have been given a reasonable opportunity to make representations with respect to communication of the confidential information to those persons.Where the appeal board decides to grant a request made under subsection (5) or (6) for access to confidential information, the appeal board shallinform all parties of the decision; andgive such directions as may be reasonable to permit the counsel or an expert who assists the counsel to obtain access to that confidential information while continuing to protect any confidential information that is not necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.
  • SOR/2008-262, ss. 5, 13.
Previous Version
Notice of Appeal or Application
The appeal board shall issue a notice of an appeal or an application in Form 3 of the schedule and shall publish the notice in the Canada Gazette and serve a copy of it onin the case of an appeal,the appellant,the claimant, andeach affected party who made written representations to the screening officer whose decision, order or undertaking is being appealed with respect to the matter under appeal; andin the case of an application,the applicant,the claimant, andeach affected party who made written representations to the screening officer whose decision, order or undertaking is being appealed with respect to the confidential business information that is the subject of the application.A notice referred to in subsection (1) shall containthe title of the proceedings;the appeal or application number that is assigned by the Chief Appeals Officer;a clear reference to, and a summary of, the decision, order or undertaking appealed from;information relating to the commencement of the appeal or the application including a summary of the grounds of appeal or the reasons for the application;the time limit for filing and serving an appearance;the address for service of the appellant or applicant; andthe address of the office from which copies of the form of appearance and information respecting appeal board procedures may be obtained.
  • SOR/2008-262, s. 13.
Previous Version
Service of Statement of Appeal or Application
An appellant or applicant shall, within such time as the appeal board may direct, subject to sections 12 and 13, serve a copy of the statement of appeal or application on all other parties.
Appearance
A claimant or an affected party who intends to participate in any proceedings shall file with the appeal board, and serve a copy on the appellant or applicant, as the case may be, on or before the expiration date specified in the notice issued pursuant to section 8, of an appearance in Form 4 of the schedule, signed by the claimant or affected party personally or, if the claimant or affected party is a corporation, by an officer of the corporation.As soon as is practicable after the expiration date specified in the notice issued pursuant to section 8, the appeal board shall serve on all of the parties a list of the parties that sets out their names, addresses and telephone and other telecommunications numbers.
PROTECTION OF INFORMATIONPrivacy of Proceedings
No member of the public shall be admitted to any sitting of the appeal board and, except as may be provided in the Act or these Regulations, no member of the public shall have access to any information regarding proceedings before the appeal board.All information, documents or other material obtained by any means by any person, including appeal board members, from any party as a consequence of or in the course of any proceedings before the appeal board are obtained solely for the purposes of those proceedings and of any subsequent or related applications to or actions in a court of competent jurisdiction, and any other use or further disclosure of that information or those documents or other materials is prohibited.
Confidential Business Information
No member of the appeal board and no person assisting, advising or counselling the appeal board, including an expert referred to in subsection 36(1) and a deputy referred to in subsection 37(1), shall disclose any confidential business information to any person other than the claimant or persons authorized by the claimant to have access to the information, and the confidential business information shall be kept separate and apart from all other information relating to the proceedings, including confidential information.Where a document, including a statement of appeal, that the claimant files with the appeal board identifies, discloses or, by reference, has the effect of identifying or disclosing any confidential business information, the claimant shallsever the information from the contents of the document or place the information in a separate document;mark the top of each page of the severed portion of the document or separate document, as the case may be, with the words “Confidential Business Information/Renseignements confidentiels commerciaux”; andfile the severed portion of the document or separate document, as the case may be, in a sealed envelope and mark the envelope with the words “Confidential Business Information/Renseignements confidentiels commerciaux”.A person who is employed, assigned, appointed or engaged to assist, advise or counsel the appeal board, including an independent expert referred to in subsection 36(1) and a deputy referred to in subsection 37(1), may have, subject to the direction of the appeal board, access to confidential business information on the same basis and subject to the same limitations as the appeal board.
Confidential Information
Where a document, including a statement of appeal or an application, that a party files with the appeal board identifies, discloses or, by reference, has the effect of identifying or disclosing any information that the party wishes to treat as confidential information, the party shallsever the information from the contents of the document or place the information in a separate document; andmark the top of each page of the severed portion of the document or separate document, as the case may be, with the word “Confidential/Confidentiel”.The appeal board shall maintain confidential information filed in accordance with subsection (1) separate and apart from all other information relating to the proceedings.Subject to subsections (5), (6) and (7), no party other than the party referred to in subsection (1) and no person other than a counsel representing or assisting such a party or an expert who assists the counsel shall have access to confidential information filed in accordance with subsection (1).A counsel or an expert who assists the counsel may sign and file with the appeal board, and shall serve on the other parties, a copy of an affirmation and promise in Form 5 of the schedule if the counsel or the expertis ordinarily resident in Canada;is not an employee, officer, director or major shareholder of any party to the proceedings or of any corporation controlled by such a party;is not an employee, official or representative of a union association; anddoes not have a personal interest that could influence, or reasonably appear to influence, the exercise of their duties with respect to the proceedings.If a party is of the opinion that a counsel or expert has a personal interest described in paragraph (4)(d), the party must without delay notify the appeal board in writing and include representations as to the reason for that opinion.A counsel may request and be granted access to confidential information filed in accordance with subsection (1) if the counselhas signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); andsatisfies the appeal board thatthe counsel is independent from the party the counsel represents,the counsel does not have a personal interest described in paragraph (4)(d), andaccess to that confidential information is necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.An expert who assists a counsel who has made a request under subsection (5) may, on the request of the counsel, be permitted access to the confidential information filed in accordance with subsection (1) if the experthas signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); andsatisfies the appeal board thatthe expert is independent from the party on whose behalf the expert is retained,the expert does not have a personal interest described in paragraph (4)(d),the expert is a person possessing expertise relevant to material issues in the proceedings, andthe assistance of a person possessing that expertise is necessary for counsel to prepare effectively for, or to participate in, the proceedings.The appeal board shall consider a request made under subsection (5) or (6) where the prerequisite procedures set out in subsections (4) and (5), in the case of a counsel, or in subsections (4) and (6), in the case of an expert, have been followed and the other parties have been given a reasonable opportunity to make representations with respect to communication of the confidential information to those persons.Where the appeal board decides to grant a request made under subsection (5) or (6) for access to confidential information, it shallinform all parties of the decision;direct any party who has filed the confidential information with the appeal board to serve the confidential information on the counsel; andgive such other directions as may be reasonable to permit the counsel or an expert who assists the counsel to obtain access to that confidential information while continuing to protect any confidential information that is not necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.A counsel or an expert who assists the counsel who obtains access to confidential information pursuant to section 7, this section or section 35 shall not disclose the confidential information to any person who is not authorized pursuant to these Regulations to have access to it and shall not reproduce in any manner any document or other material that is or contains confidential information without the prior approval of the appeal board.A person who is employed, assigned, appointed or engaged to assist, advise or counsel the appeal board, including an expert referred to in subsection 36(1) and a deputy referred to in subsection 37(1), may have, subject to the direction of the appeal board, access to confidential information on the same basis and subject to the same limitations as the appeal board.
  • SOR/2008-262, s. 6.
Previous Version
Destruction of Confidential Information
Where a counsel or an expert who assists the counsel has obtained confidential information as a consequence of or in the course of the proceedings and the confidential information is contained in a document, the counsel or the expert shall deliver the document to the Chief Appeals Officer within the later ofthe 30th day after the decision of the appeal board, andthe expiration of any period for commencing further proceedings in respect of the decision of the appeal board.The Chief Appeals Officer shall cause any document delivered pursuant to subsection (1) to be destroyed.
Access to Appeal Board Decisions
Nothing in this Part prevents a board member or Commission staff from having access to appeal board decisions for the purpose of policy-making or for training purposes.
  • SOR/2008-262, s. 7.
RULES OF PROCEDUREExtending or Abridging Time Limit
The appeal board may, on application by a party or on its own motion, extend or abridge any time limit directed by the appeal board without regard to when the request for extension or abridgement was made.
Service
Subject to subsection (2), a notice or other document shall be served personally or be sent by certified or registered mail.A notice or other document may be served by a means other than one specified in subsection (1) where the person to be served consents to the use of the other means or acknowledges the receipt of the notice or other document.A party serving a document shall file with the appeal board a certificate of service in Form 6 of the schedule, certifying thata copy of the document, including any confidential information contained therein, has been served on each person entitled to service thereof; ora copy of the document, excluding any confidential information, has been served on each person entitled to service thereof.
Filing
A document to be filed with the appeal board shall be sent by certified or registered mail to the Chief Appeals Officer or shall be delivered by hand to the office of the Chief Appeals Officer.
Amendments
The appeal board may, where it is fair to do so and on such terms or conditions as the appeal board may direct, allow any amendment to be made to any document, including a statement of appeal, an application, submissions, an answer or a reply.
Additional Information
At any time in the proceedings, the appeal board may direct a party to provide it with and, subject to sections 12 and 13, serve on all other parties, such further information or documents as may be necessary for the appeal board to obtain a full and satisfactory understanding of the issues and matters raised in the proceedings.
Subpoenas
The appeal board may, at its own instance or on application by a party, summon before it by subpoena any person and require the person to give evidence on oath or solemn affirmation and to produce documents.No person is required to appear before the appeal board pursuant to a subpoena unless, at the time of service of the subpoena on the person, the appeal board that on its own instance issued the subpoena or the party who requested the subpoena has paid or tendered to the person conduct money in an amount sufficient for the person’s reasonable travelling expenses and professional fees, if any.Where a person who is served with a subpoena disputes the reasonableness of any conduct money paid or tendered, the person shall advise the appeal board of the dispute, and the appeal board, after hearing the submissions of the person and the party who requested the subpoena, may fix the amount of the conduct money or the manner in which the conduct money is to be calculated.The appeal board may hear submissions pursuant to subsection (3) by conference call among the appeal board, the person served with a subpoena and any party entitled to make submissions.A subpoena shall be in Form 7 of the schedule and shall be signed by the Chief Appeals Officer or the chairman of the appeal board.
Failure to Comply
Where a party does not comply with a requirement of these Regulations or a direction given by the appeal board, the appeal board maystay the proceedings until it is satisfied that the requirement or direction has been complied with; ortake such steps as it considers fair in the circumstances.The appeal board may excuse, on such terms or conditions as the appeal board may direct, any failure of a party to comply with any direction given by the appeal board, other than a direction respecting the confidentiality of information or the privacy of the proceedings if the appeal boardis satisfied that there is a reasonable explanation for the failure; orconsiders it fair to do so.
Communications with the Appeal Board
Communications with the appeal board, other than at a hearing, an examination or a conference held under section 31, 32, or 33 or 34, respectively, shall be made through the Chief Appeals Officer or such other person as is designated by the Chief Appeals Officer for that purpose.Communications from the appeal board may be signed by the Chief Appeals Officer or such other person designated by the Chief Appeals Officer for that purpose.
Record of Hearings, Examinations and Conferences
The appeal board shall cause to be taken a stenographic, electronic or other record of hearings, examinations and conferences held under section 31, 32 or 33 or 34, respectively, including any confidential sessions held under section 35.
Adjournments
Hearings, examinations and conferences commenced under section 31, 32 or 33 or 34, respectively, shall proceed, as far as is practicable, from day to day, but may be adjourned by the appeal board from time to time.
Summary of Confidential Information
Where the appeal board receives confidential information from or on behalf of a party, the appeal board may direct the party to prepare a written summary of the information or a written description of the nature of the information that does not disclose the confidential information, and to serve on all other parties the summary or description, as the case may be.
Matters Not Provided For
Where a matter arises that is not otherwise provided for by these Regulations, the appeal board shall give such directions as are consistent with these Regulations and with the fair and expeditious conduct of the proceedings.
HEARINGSStatement of Appellant or Applicant
If an appellant or applicant has not already done so in the statement of appeal or application, the appellant or applicant shall, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all other parties a copy of a statement in writing indicating whether the appellant or applicantwishes to make oral submissions before the appeal board; andbelieves that there are material issues of fact or opinion the nature of which requires the examination of witnesses.
Written Submissions
A claimant or an affected party who has filed an appearance pursuant to section 10 shall, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all parties written submissions setting outthe views of the claimant or affected party on the appeal or application, as the case may be, the reasons for those views and any facts or information that may assist the appeal board in understanding those views and in deciding the appeal or application;whether the claimant or affected party wishes to make oral submissions before the appeal board; andwhether the claimant or affected party believes that there are material issues of fact or opinion the nature of which requires the examination of witnesses.
Reply
The appellant or applicant may, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all other parties written submissions in reply to the written submissions of any other party.
Hearing in Writing
Where no party requests the opportunity to make oral submissions before the appeal board and there are no material issues of fact or opinion the nature of which requires the examination of witnesses, the appeal board may determine the appeal or application without hearing oral submissions or examining witnesses.
Hearing of Oral Submissions
Where a party requests an opportunity to make oral submissions before the appeal board, the appeal board shall establish and advise all parties of a time, date and place for a hearing.Oral submissions shall be confined to the grounds of appeal or the matters raised in the application and the matters raised in the written submissions that have been filed with the appeal board.
Examination of Witnesses
Where there are material issues of fact or opinion the nature of which requires the examination of witnesses, the appeal board shall establish, and advise all parties of a time, date and place for the examination.The appeal board may direct any party who wishes to present a witness to file with the appeal board and serve on all other parties, within such time as the appeal board may direct, and subject to sections 12 and 13, a document in written question-and-answer form containing the evidence and including the qualifications, if any, of the proposed witness.Witnesses shall be examined on oath or solemn affirmation.Following the completion of the examination of witnesses, the appeal board shall invite all parties to make any final oral or written submissions.
Procedural Conference
The appeal board may at any time convene a procedural conference with all parties for the purpose of considering any matter that may aid in the simplification or disposition of the proceedings including, without restricting the generality of the foregoing,the question of whether a counsel or an expert who assists the counsel should be given access to confidential information or be admitted to a confidential session of the appeal board;the clarification of the issues and matters raised in the proceedings;the need for additional information in order for the appeal board to obtain a full and satisfactory understanding of the issues and matters raised in the proceedings;the order in which witnesses are to be presented;whether to consider the evidence of witnesses at a technical conference;whether to appoint an expert, the identification of the matters to be assigned to the expert and selecting the expert to be appointed;whether to depute a person pursuant to section 44 of the Act and section 11 of the Inquiries Act, including setting out the procedure to be followed by the deputy and identifying the matters into which the deputy is to inquire;any procedural question that has arisen in the course of the proceedings; andany matter that may contribute to the orderly, fair and expeditious conduct of the proceedings.Where a question referred to in paragraph (1)(a) is discussed at a procedural conference, the question shall be discussed without disclosing any confidential information.Where a counsel referred to in paragraph (1)(a) seeks to be heard by the appeal board with respect to a question referred to in that paragraph, the appeal board shall hear the counsel before any direction is made by it that would affect the matter in question.A procedural conference may be conducted by teleconference or videoconference at the request of a party, or at the instance of the appeal board, if attendance in person is not practical or necessary.
  • SOR/2008-262, s. 8.
Previous Version
Request for Clarification
A party may make a request in writing to the appeal board for clarification by the Commission of the screening officer’s record.The appeal board shall, after reviewing the request and with the unanimous approval of its members, forward the request to the Commission.The appeal board may also, on its own initiative and with the unanimous approval of its members, make a request for clarification in writing to the Commission.The Commission shall give a written response to a request as soon as possible.
  • SOR/2008-262, s. 9.
Appearance
After receiving the response from the Commission, the party may make a request in writing to the appeal board for the appearance of an official of the Commission at the hearing or procedural conference.The appeal board shall approve the appearance only ifthe Commission’s response was insufficient or unclear; ordue to the urgency or complexity of the matter before the board, clarification by way of a Commission official’s appearance will better aid the resolution of the issue requiring clarification than if there was only written clarification.The appearance may be made in person or by teleconference or videoconference.
  • SOR/2008-262, s. 9.
Technical Conference
Where a witness gives evidence of a scientific, technical or other expert nature at a hearing, the appeal board may, in addition to or in lieu of permitting the examination of the witness, convene a technical conference with the parties and the witness in order to facilitate an informal discussion of the evidence of the witness and the matters addressed in that evidence among those persons with expertise in the matters, including advisors to parties and advisors to the appeal board.
Confidential Session
Subject to subsection (2), where confidential information will be disclosed in oral submissions during the examination of witnesses or at a procedural or technical conference, the appeal board shall, for the purpose of hearing the confidential information, move into confidential session and exclude from the hearing all persons except the party who is to present the confidential information to the appeal board, and any person whom that party requests be permitted to attend the confidential session.A counsel or an expert who assists the counsel may be permitted to attend the confidential session wherethe counsel or the expert has signed, filed with the appeal board and served on the other parties an affirmation and promise in Form 5 of the schedule;the counsel or expert satisfies the appeal board that the counsel or the expert is independent from the party that the counsel represents or on whose behalf the expert is retained and that the counsel or expert does not have a personal interest that could influence, or reasonably appear to influence, the exercise of their duties with respect to the proceedings; andthe appeal board is satisfied that the attendance of the counsel or the expert at the confidential session is necessary for the counsel to prepare effectively for, or to participate in, the proceedings.All confidential information received by the appeal board in a confidential session pursuant to subsection (1) shall be maintained separate and apart from all other information pertaining to the proceedings.On the completion of a confidential session, the appeal board shall recall the parties to the hearing.
  • SOR/2008-262, s. 10.
Previous Version
Appointment of Experts under Section 44 of the Act
Where, pursuant to section 44 of the Act and section 11 of the Inquiries Act, the appeal board proposes to appoint an expert to consider and report on any matter relevant to the proceedings, the appeal board shall notify the parties of the proposal and shall hear the written or oral submissions of parties on the proposal.Where an expert is appointed by the appeal board, the report of the expert shall be introduced in evidence and the expert may be examined on the report on oath or solemn affirmation.The report of an expertshall not identify, disclose, or by reference, have the effect of identifying or disclosing any confidential business information; andshall have any confidential information in a separate part of the report marked with the word “Confidential/Confidentiel”.Confidential information contained in the report of an expert shall be provided only to a party from whom the information was obtained or a counsel or an expert who assists the counsel who may participate in a confidential session by virtue of section 35.Where the appeal board appoints an expert, the appeal board shall permit the parties to call witnesses to give evidence with respect to the matters reported on by the expert.
Appointment of Deputies under Section 44 of the Act
Where the appeal board proposes to exercise the power to depute a person pursuant to section 44 of the Act and section 11 of the Inquiries Act, the appeal board shall notify the parties of the proposal and shall hear the written or oral submissions of the parties on the proposal.Sections 11 to 13, 15 to 17, 20 to 22, 24, 25 and 32 to 35 apply to a deputy as if the deputy were the appeal board, unless the appeal board, after hearing the submissions of the parties, directs otherwise.The report and findings, if any, of a deputy shall be submitted in accordance with subsection 11(4) of the Inquiries Act and, subject to subsections (4) and (5), a copy thereof shall be served on the parties.Any confidential business information that is contained in the report of a deputy and any contents of that report that have the effect of identifying or disclosing that information shall be severed from the contents of the report and placed in a sealed envelope marked with the words “Confidential Business Information/ Renseignements confidentiels commerciaux” and shall not be served on any affected party.Any confidential information that is contained in the report of a deputy shall be severed from the other contents of the report and be marked with the word “Confidential/ Confidentiel” and shall not be served on any parties other than a party from whom the information was obtained or a person who may have access to confidential information pursuant to section 13 or a person who may attend a confidential session pursuant to section 35.
Notice of Decision
A notice to be published in the Canada Gazette pursuant to paragraph 27(1)(a) of the Act by the Chief Appeals Officer shall includethe name of the claimant;the product identifier of the controlled product that is the subject of the claim for exemption that is the subject of the appeal;the registry number assigned to the claim for exemption that is the subject of the appeal;the date of the appeal board’s decision; andsufficient information to indicate the purport of and the reasons for the appeal board’s decision.For the purposes of subsection (1), “product identifier” has the meaning assigned to that expression by subsection 2(1) of the Hazardous Materials Information Review Regulations.
(Section 4)APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPEAL PURSUANT TO SECTION 20 OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person) FROM THE DECISION, ORDER OR UNDERTAKING OF A SCREENING OFFICER DATED , 20, IN RELATION TO A CLAIM FOR EXEMPTION BEARING REGISTRY NUMBER .STATEMENT OF APPEAL
NAME OF APPELLANT:ADDRESS:CITY:PROVINCE:POSTAL CODE:ADDRESS FOR SERVICE:(if different from above)CONTACT PERSON:(where appellant is a corporation)TITLE:ADDRESS FOR SERVICE:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:COUNSEL (if any):FIRM:ADDRESS FOR SERVICE:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:LANGUAGE OF PREFERENCE:ENGLISH[  ]FRENCH[  ]
(Section 20 of the Act and subsection 2(2) of the Hazardous Materials Information Review Regulations)This Part seeks information in respect of the status of the person filing the statement of appeal. Please check opposite the description of that status.Status of the AppellantIn relation to the decision, order or undertaking of a screening officer referenced by the statement of appeal, the appellant isA CLAIMANT:[  ]AN AFFECTED PARTY AS:Supplier of the controlled product[  ]Employee at the work place[  ]Employer at the work place[  ]Safety and health professional for the work place[  ]Safety and health representative for the work place[  ]Member of a safety and health committee for the work place[  ]A person who is authorized in writing to representa supplier of the controlled product,[  ]an employer at the work place[  ]an employee at the work place, except where the person is an official or a representative of a trade union that is not certified or recognized in respect of the work place[  ]
(Section 20 of the Act)This Part seeks information that will identify the class or nature of the appeal being filed. Please put a check mark opposite the most appropriate statement or statements.THE CLAIMANT IS(a)a claimant appealing a decision rendered under section 15 of the Act in respect of the validity of a claim for exemption[  ](b)a claimant appealing an order made under section 16 of the Act in respect of the invalidity of a claim for exemption or a portion thereof[  ](c)a claimant appealing an order made under section 17 of the Act in respect of the compliance of a material safety data sheet or label with the provisions of the Hazardous Products Act or the Canada Labour Code, as the case may be[  ](d)a claimant appealing a decision or order, as the case may be, made under section 32 of the Act pursuant to provincial legislation conferring jurisdiction on an appeal board to determine an appeal described in any of paragraphs (a) to (c)[  ]THE AFFECTED PARTY IS(e)an affected party appealing a decision rendered under section 15 of the Act in respect of the validity of a claim for exemption[  ](f)an affected party appealing an order made under section 16 of the Act in respect of the invalidity of a claim for exemption or a portion thereof[  ](f.1)an affected party appealing an undertaking made under section 16.1 of the Act[  ](g)an affected party appealing an order made under section 17 of the Act in respect of the compliance of a material safety data sheet or label with the provisions of the Hazardous Products Act or the Canada Labour Code, as the case may be[  ](h)an affected party appealing a decision, order or undertaking, as the case may be, made under section 32 of the Act pursuant to provincial legislation conferring jurisdiction on an appeal board to determine an appeal described in any of paragraphs (e) to (g)[  ](i)an affected party appealing a decision, order or undertaking, as the case may be, described in any of paragraphs (e) to (h) and making an application under section 26 of the Act for the disclosure, in confidence, of any information in respect of which a claim for exemption is made[  ]
(Sections 22 and 43 of the Act)This Part seeks information that will assist in determining the place where the appeal will be convened and the manner in which the appeal board will be constituted.(a)Where the claimant carries on business in one province only, name the province:(b)Where the claimant carries on business in more than one province, name the province most directly concerned with the question under appeal and explain why that province is the province that is most directly concerned with the question under appeal:
PROVINCE: EXPLANATION:
This Part seeks information that will delineate the basis and the scope of the appeal.The information provided should identify in point form the alleged errors in the screening officer’s decision, order or undertaking. Attach additional sheets if necessary.
This Part should provide detailed information in support of the appeal, including reasons and any facts or information that may assist the appeal board in understanding the representations made in respect of the appeal and in deciding the appeal. Attach additional sheets if necessary.
This Part provides the appellant with the opportunity to indicate whether the appellant wishes to appear before the appeal board for the purpose of making oral submissions or examining witnesses.(a)The appellant wishes to appear before the appeal board for the purpose of making oral submissions[  ] YES[  ] NO(b)The appellant is of the opinion that there are material issues of fact or opinion, the nature of which requires the examination of witnesses[  ] YES[  ] NOIf the answer to paragraph (b) is yes, the appellant’s reasons for the opinion are as follows:
Subsections 23(2) and (3) of the Act provide as follows:An appeal board may dispose of an appeal of a decision or an order bydismissing the appeal and confirming the decision or order of the screening officer; orallowing the appeal and either varying or rescinding the decision or order being appealed.An appeal board may dispose of an appeal of an undertaking bydismissing the appeal; orallowing the appeal and making any order that the appeal board considers appropriate.”This Part seeks a brief statement describing the nature of the decision or order that the appellant requests that the appeal board make.DECISION OR ORDER SOUGHT:
(Section 26 of the Act)Where the appellant makes an application under section 26 of the Act for the disclosure in confidence, for reasons of health and safety in a work place, of information in respect of which a claim for exemption is made, the appellant may include the application for disclosure in this Part or complete Form 2.The application shall contain a full statement of the reasons, facts and circumstances supporting the application. The application shall state the order that is sought, including the names of the affected parties or the class of affected parties to whom disclosure of the confidential business information is sought. Attach additional sheets if necessary.APPLICATION FOR DISCLOSURE:
The appellant may place confidential information in this separate part of the Statement of Appeal and shall mark each sheet of confidential information with the word “Confidential/Confidentiel”.CONFIDENTIAL/CONFIDENTIEL:
Where the appellant is the claimant and the Statement of Appeal will identify or disclose any confidential business information in respect of which the claim for exemption has been made, the appellant shall place that information in this separate part of the Statement of Appeal and file it in a sealed envelope separate from but together with the other parts of this Statement of Appeal. Each sheet of such information and the envelope shall be marked with the words “Confidential Business Information/Renseignements confidentiels commerciaux”.CONFIDENTIAL BUSINESS INFORMATION/RENSEIGNEMENTS CONFIDENTIELS COMMERCIAUX:
I, (name), hereby certify on behalf of the appellant herein that the information reported in Parts I to XI of this Form is true to the best of my knowledge and belief.(Signature)(Date)(Title)(Subsection 5(1))APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPLICATION FOR AN ORDER PURSUANT TO SUBSECTION 26(1) OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person)APPLICATION
NAME OF APPLICANT:ADDRESS:CITY:PROVINCE:POSTAL CODE:ADDRESS FOR SERVICE:(if different from above)CONTACT PERSON:(where applicant is a corporation)TITLE:ADDRESS FOR SERVICE:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERSCOUNSEL (if any):FIRM:ADDRESS FOR SERVICE:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:LANGUAGE OF PREFERENCE:ENGLISH[  ]FRENCH[  ]
(Section 20 of the Act and subsection 2(2) of the Hazardous Materials Information Review Regulations)This Part seeks information in respect of the status of the person filing the application. Please check opposite the description of that status.Status of the ApplicantIn relation to the decision or the order of a screening officer referenced by the present applicant, the applicant isAN AFFECTED PARTY AS:Supplier of the controlled product[  ]Employee at the work place[  ]Employer at the work place[  ]Safety and health professional for the work place[  ]Safety and health representative for the work place[  ]Member of a safety and health committee for the work place[  ]A person who is authorized in writing to representa supplier of the controlled product,[  ]an employer at the work place[  ]an employee at the work place, except where the person is an official or a representative of a trade union that is not certified or recognized in respect of the work place[  ]
Provide the name and address of the employer or supplier that has the confidential business information that is the subject of the application.
Where the employer or supplier carries on business in one province, name the province: Where the employer or supplier carries on business in more than one province, name the province most directly concerned with the application and explain why the province is the province that is most directly concerned with the application:PROVINCE: EXPLANATION:
State the order that is sought, including the names of the affected parties or the class of affected parties to whom disclosure of the confidential business information is to be made.
Section 26 of the Act permits an appeal board to make an order for disclosure, in confidence, of confidential business information to named affected parties or each member of a class of affected parties. The order may be made for reasons of health and safety in a work place.Provide a full statement of the reasons, facts and circumstances supporting the application. Attach additional sheets if necessary.
The applicant may place confidential information in this separate part of the application and shall mark each sheet of confidential information with the word “Confidential/ Confidentiel.”CONFIDENTIAL/CONFIDENTIEL:
I, (name) , hereby certify on behalf of the applicant herein that the information reported in Parts I to VI of this Form is true to the best of my knowledge and belief.(Signature)(Date)(Title)
(Section 8)APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPEAL PURSUANT TO SECTION 20 OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person) FROM THE DECISION, ORDER OR UNDERTAKING OF A SCREENING OFFICER DATED , 19, IN RELATION TO A CLAIM FOR EXEMPTION BEARING REGISTRY NUMBER .ORAN APPLICATION FOR AN ORDER PURSUANT TO SUBSECTION 26(1) OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person).NOTICE OF APPEAL OR APPLICATION
Appeal or Application number An appeal has been commenced by (name) from the decision, order or undertaking of a screening officer dated , 19, in relation to a claim for exemption made by (name) bearing Registry Number . The decision, order or undertaking appealed from provided that (include a brief summary of the decision, order or undertaking):
The appellant states that (include a brief summary of the grounds of appeal):
AND(Where the appeal includes an application)The appellant has applied, pursuant to subsection 26(1) of the Hazardous Materials Information Review Act, for an order requiring the claimant to disclose, in confidence, confidential business information to affected parties. The appellant states that (include a brief statement of the reasons for the application):
OR(Where there is no appeal)An application has been made by (name) pursuant to subsection 26(1) of the Hazardous Materials Information Review Act for an order requiring (name of claimant) to disclose, in confidence, confidential business information to affected parties. The applicant states that (include a brief statement of the reasons for the application):
The appeal or the application, or both, will be heard by an appeal board consisting of , Chairman, and and , Members.Any affected party or the claimant, where the claimant is not the appellant, who intends to participate in the appeal or application or in both shall advise the appeal board by filing an Appearance with the appeal board and serving a copy of the Appearance on the appellant or the applicant on or before (date).The address for service on the appellant or applicant is:ADDRESS:TELEPHONE :OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:Copies of the form of Appearance as well as information as to appeal board procedures may be obtained from the Office of the Chief Appeals Officer at:NAME OF CHIEF APPEALS OFFICER:HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION ADDRESS:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:Dated at Ottawa this day of 19.Chief Appeals Officer
(Subsection 10(1))APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPEAL PURSUANT TO SECTION 20 OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person) FROM THE DECISION, ORDER OR UNDERTAKING OF A SCREENING OFFICER DATED , 19, IN RELATION TO A CLAIM FOR EXEMPTION BEARING REGISTRY NUMBER .ORAN APPLICATION FOR AN ORDER PURSUANT TO SUBSECTION 26(1) OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person).APPEARANCEAppeal or Application number: TAKE NOTICE that the undersigned intends to participate in these proceedings as
THE CLAIMANT:[  ]AN AFFECTED PARTY AS:Supplier of the controlled product[  ]Employee at the work place[  ]Employer at the work place[  ]Safety and health professional for the work place[  ]Safety and health representative for the work place[  ]Member of a safety and health committee for the work place[  ]A person who is authorized in writing to representa supplier of the controlled product[  ]an employer at the work place[  ]an employee at the work place, except where the person is an official or a representative of a trade union that is not certified or recognized in respect of the work place[  ]LANGUAGE OF PREFERENCE:ENGLISH[  ]FRENCH[  ]The undersigned will not be represented by counsel.[  ]ORThe undersigned will be represented by counsel.[  ]
NAME OF COUNSEL:ADDRESS FOR SERVICE:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:Dated at , this day of 19 .SIGNATURE :NAME:(print):FIRM:ADDRESS:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:
(Subsections 7(4), 13(4) and 35(2))APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPEAL PURSUANT TO SECTION 20 OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person) FROM THE DECISION, ORDER OR UNDERTAKING OF A SCREENING OFFICER DATED , 20, IN RELATION TO A CLAIM FOR EXEMPTION BEARING REGISTRY NUMBER .ORAN APPLICATION FOR AN ORDER PURSUANT TO SUBSECTION 26(1) OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person)
AFFIRMATION AND PROMISEAppeal or Application number: I hereby affirm thatI amin the case of counsel, a member of the Bar of (province), orin the case of an expert who assists the counsel, a person possessing expertise in (specify area of expertise);I am ordinarily resident in Canada;I am not an employee, officer, director or major shareholder of any party to the proceedings or of any corporation controlled by such a party;I am not an employee, officer or representative of a union association; andI do not have any personal interest that could influence, or reasonably appear to influence, the exercise of my duties with respect to these proceedings.I hereby promise to comply with the following requirements:I will not disclose any confidential information that I obtain in the course or as a consequence of these proceedings to any person who is not authorized pursuant to the Hazardous Materials Information Review Act Appeal Board Procedures Regulations to have access to confidential information;I will not reproduce in any manner, without the prior approval of the appeal board, any document or other material that I obtain in the course or as a consequence of these proceedings that is or contains confidential information; andI will return to the Chief Appeals Officer any document or other material that contains confidential information that I obtain in the course or as a consequence of these proceedings before the later ofthe 30th day after the decision of the appeal board, andthe expiration of any period for commencing further proceedings in respect of the appeal board’s decision.I appear, in the case of counsel, as counsel for (name),a party before the appeal board in these proceedings; or, in the case of an expert who assists the counsel, I am assisting counsel for (name),a party before the appeal board in these proceedings.Dated at this day of , 20.
SIGNATURE:NAME: (print)FIRM:ADDRESS:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS AND THEIR NUMBERS:
WARNING: Access to confidential information is provided only in accordance with the Hazardous Materials Information Review Act Appeal Board Procedures Regulations, which are regulations made under the authority of the Hazardous Materials Information Review Act. Section 49 of that Act provides as follows:
Every person who contravenes or fails to comply with any provision of this Part or any regulation or order made under this Partis 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; oris 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.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.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.”
(Subsection 16(3))APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPEAL PURSUANT TO SECTION 20 OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person) FROM THE DECISION, ORDER OR UNDERTAKING OF A SCREENING OFFICER DATED , 19, IN RELATION TO A CLAIM FOR EXEMPTION BEARING REGISTRY NUMBER .ORAN APPLICATION FOR AN ORDER PURSUANT TO SUBSECTION 26(1) OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person).CERTIFICATE OF SERVICE
Appeal or Application number: The undersigned hereby certifies that a copy of the attached document (or, where the document has already been filed, describe the document, e.g. the “Statement of Appeal”) has been served on each person entitled to service thereof, as follows: (list persons)
OR(Where the document contains confidential information)The undersigned hereby certifies thata copy of the attached document (or, where the document has already been filed, describe the document, e.g. the “Statement of Appeal”), including any confidential information contained therein, has been served on each person entitled to service thereof, as follows: (list persons)andthe said document, excluding any confidential information, has been served on each person entitled to service thereof, as follows: (list persons)(Name)
(Subsection 20(5))APPEAL BOARDHAZARDOUS MATERIALS INFORMATION REVIEW ACTIN THE MATTER OF:AN APPEAL PURSUANT TO SECTION 20 OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person) FROM THE DECISION, ORDER OR UNDERTAKING OF A SCREENING OFFICER DATED , 19, IN RELATION TO A CLAIM FOR EXEMPTION BEARING REGISTRY NUMBER .ORAN APPLICATION FOR AN ORDER PURSUANT TO SUBSECTION 26(1) OF THE HAZARDOUS MATERIALS INFORMATION REVIEW ACT BY (name person).SUBPOENAAppeal or Application number:
TO: You are hereby required to attend before the Appeal Board at the of in the Province of on the day of , 19, at the hour of o’clock in the noon and thereafter, from day to day until the above matter is heard, to give evidence on behalf of and also to bring with you and produce at the time and place aforesaid the following documents: (specify documents)For your appearance you will receivetravelling expenses, if any, in the amount of $; andwhere applicable, professional fees in the amount of $.IN WITNESS WHEREOF this Subpoena is signed for the Appeal Board at , this day of , 19.Chief Appeals Officer (or Chairman of the Appeal Board)
(The following shall be endorsed on the Subpoena.)Subsections 20(2) and (3) of the Hazardous Material Information Review Act Appeal Board Procedures Regulations provide as follows:No person is required to appear before the appeal board pursuant to a subpoena unless, at the time of service of the subpoena on the person, the appeal board that on its own instance issued the subpoena or the party who requested the subpoena has paid or tendered to the person conduct money in an amount sufficient for the person’s reasonable travelling expenses and professional fees, if any.Where a person who is served with a subpoena disputes the reasonableness of any conduct money paid or tendered, the person shall advise the appeal board of the dispute, and the appeal board, after hearing the submissions of the person and the party who requested the subpoena, may fix the amount of the conduct money or the manner in which the conduct money is to be calculated.”The appeal board can be contacted through the office of the Chief Appeals Officer at:NAME OF CHIEF APPEALS OFFICER:HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION ADDRESS:TELEPHONE:OTHER MEANS OF TELECOMMUNICATIONS, AND THEIR NUMBERS:
  • SOR/2008-262, ss. 11 to 13, 14(E).
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