Hazardous Materials Information Review Regulations (SOR/88-456)

Regulations are current to 2013-05-26 and last amended on 2008-10-01. Previous Versions

Hazardous Materials Information Review Regulations

SOR/88-456

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Registration 1988-08-25

Regulations Respecting Hazardous Materials Information Review

P.C. 1988-1723 1988-08-25

Whereas the Minister of Consumer and Corporate Affairs 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;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to paragraph 48(1)(a) of the Hazardous Materials Information Review ActFootnote *, is pleased hereby:

  • (a) to revoke Order in Council P.C. 1987-2720 of December 31, 1987Footnote **; and

  • (b) to make the annexed Regulations respecting hazardous materials information review.

SHORT TITLE

1. These Regulations may be cited as the Hazardous Materials Information Review Regulations.

INTERPRETATION

  • 2. (1) In these Regulations,

    “Act”

    “Act” means the Hazardous Materials Information Review Act; (Loi)

    “CAS registry number”

    “CAS registry number” means, in respect of a chemical substance that is a controlled product or an ingredient of a controlled product, the identification number assigned to the chemical substance by the Chemical Abstracts Service Division of the American Chemical Society; (numéro d’enregistrement CAS)

    “electronic document”

    “electronic document” means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. (document électronique)

    “electronic signature”

    “electronic signature” means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document and that results from the application by a person of a technology or process that permits the following to be proved :

    • (a) the signature resulting from the use by a person of the technology or process is unique to the person;

    • (b) the technology or process is used by a person to incorporate, attach or associate the person’s signature to the electronic document; and

    • (c) the technology or process can be used to identify the person using the technology or process. (signature électronique)

    “existing claim for exemption”

    “existing claim for exemption” [Repealed, SOR/2002-235, s. 1]

    “original claim”

    “original claim” means a claim for exemption filed by a claimant in respect of information relating to a controlled product, but does not include a refiled claim. (demande originale)

    “product identifier”

    “product identifier” means, in respect of a controlled product, the brand name, code name or code number specified by a supplier or the chemical name, common name, generic name or trade name. (identificateur du produit)

    “refiled claim”

    “refiled claim” means a claim for exemption that is filed in respect of information relating to a controlled product, that is filed by the claimant who filed the original claim relating to that product, and is solely in respect of any of the information that, under subsection 19(2) of the Act, is or was previously exempt from disclosure in relation to that product. (demande représentée)

    “subsequent claim for exemption”

    “subsequent claim for exemption” [Repealed, SOR/2002-235, s. 1]

  • (2) For the purposes of the Act, “affected party” means, in respect of a controlled product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes

    • (a) a supplier of the controlled product;

    • (b) an employee at the work place;

    • (c) an employer at the work place;

    • (d) a safety and health professional for the work place;

    • (e) a safety and health representative or a member of a safety and health committee for the work place; and

    • (f) a person who is authorized in writing to represent

      • (i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or

      • (ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.

  • (3) For the purposes of subsection 46(3) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province.

  • SOR/89-288, s. 1;
  • SOR/91-419, s. 1;
  • SOR/2002-235, s. 1;
  • SOR/2008-261, s. 1.
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