Hazardous Materials Information Review Act (R.S.C., 1985, c. 24 (3rd Supp.))

Act current to 2012-05-02 and last amended on 2008-10-01. Previous Versions

RULES

Marginal note:Rules

 The council may make rules

  • (a) for the election of the Chairman;

  • (b) for regulating the practice and procedure of the council; and

  • (c) for carrying out the work of the Commission, the management of its internal affairs and the duties of its officers and employees.

REGULATIONS

Marginal note:Regulations
  •  (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 Commission 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 Part 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 Part is to be or may be prescribed; and

    • (f) generally for carrying out the purposes and provisions of this Part.

  • 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 Part.

  • R.S., 1985, c. 24 (3rd Supp.), s. 48;
  • 2007, c. 7, s. 8.

OFFENCE AND PUNISHMENT

Marginal note:Offence
  •  (1) Every person who contravenes or fails to comply with any provision of this Part or any regulation or order made under this Part

    • (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.