47. (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.
48. (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
49. (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.
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