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

Act current to 2014-10-15 and last amended on 2013-12-12. Previous Versions

Marginal note:Notice
  •  (1) The Chief Screening Officer shall cause to be published in the Canada Gazette

    • (a) in respect of each decision made under section 15 and each order made under section 16 or 17

      • (i) a notice containing prescribed information, and

      • (ii) a notice containing any information that, in the opinion of a screening officer, should have been disclosed on any material safety data sheet or label reviewed by the screening officer; and

    • (b) in respect of each undertaking for which a notice has been sent under subsection 16.1(3)

      • (i) a notice containing prescribed information, and

      • (ii) a notice containing any information that has been disclosed on any material safety data sheet or label in compliance with the undertaking.

  • Marginal note:Copies

    (2) The Chief Screening Officer shall make copies of any notice published in the Canada Gazette under subsection (1) available to any person on request in writing.

  • Marginal note:Restriction

    (3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 18;
  • 2007, c. 7, s. 5;
  • 2012, c. 31, s. 284(F).

EXEMPTION

Marginal note:Exemption
  •  (1) Every person who files a claim for exemption in accordance with section 11 is, until the final disposition of the proceedings in relation to the claim for exemption, exempt from the requirement in respect of which the exemption is claimed.

  • Marginal note:Idem

    (2) Where the final disposition of the proceedings in relation to a claim for exemption is that the claim or a portion of the claim is valid, the claimant is, for a period of three years beginning on the final disposition of the proceedings, exempt from the requirement in respect of which the claim or portion of the claim is determined to be valid.

  • Definition of “proceedings”

    (3) In this section, “proceedings”, in relation to a claim for exemption, means any proceedings under this Act in relation to that claim for exemption and includes proceedings commenced in the Federal Court and proceedings on any appeal from any decision of that Court.

  • R.S., 1985, c. 24 (3rd Supp.), s. 19;
  • 2012, c. 31, s. 282.

APPEALS

Marginal note:Right of appeal
  •  (1) A claimant or an affected party may appeal any decision or order made under section 15, 16 or 17, and an affected party may also appeal any undertaking in respect of which a notice has been published in the Canada Gazette.

  • Marginal note:Procedure on appeal

    (1.1) An appeal shall be brought by filing with the Chief Appeals Officer, within the prescribed period, a statement of appeal setting out the grounds on which the appeal is made and any submissions in support of the appeal.

  • Marginal note:Manner of filing appeal and fee payable

    (2) A statement of appeal shall be in such form and shall be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

  • Marginal note:Stay of order

    (3) An appeal instituted pursuant to subsection (1) in relation to an order of a screening officer made under section 16 or 17 shall stay the operation of the order.

  • R.S., 1985, c. 24 (3rd Supp.), s. 20;
  • 2007, c. 7, s. 6;
  • 2012, c. 31, s. 283(F).