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  1. Hazardous Materials Information Review Act Appeal Board Procedures Regulations - SOR/91-86 (SCHEDULE)
    Hazardous Materials Information Review Act Appeal Board Procedures Regulations

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    In relation to the decision, order or undertaking of a screening officer referenced by the statement of appeal, the appellant is

    AN AFFECTED PARTY AS:

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      • (c) a claimant appealing an order made under section 17 of the Act in respect of the compliance of a safety data sheet or label with the provisions of the Hazardous Products Act or the Canada Labour Code, as the case may be

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      • (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)

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      • (g) an affected party appealing an order made under section 17 of the Act in respect of the compliance of a safety data sheet or label with the provisions of the Hazardous Products Act or the Canada Labour Code, as the case may be

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      • (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)

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      • (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

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      If the answer to paragraph (b) is yes, the appellant’s reasons for the opinion are as follows:

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    • NOTE: 
      Subsections 23(2) and (3) of the Act provide as follows:

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    In relation to the decision or the order of a screening officer referenced by the present applicant, the applicant is

    AN AFFECTED PARTY AS:

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    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:

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    TAKE NOTICE that the undersigned intends to participate in these proceedings as

    AN AFFECTED PARTY AS:

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    I hereby promise to comply with the following requirements:

    • (a) 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;

    • (b) 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; and

    • (c) I 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 of

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    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.

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    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:

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    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)

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    The undersigned hereby certifies that

    • (a) a 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)

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    • (b) the said document, excluding any confidential information, has been served on each person entitled to service thereof, as follows: (list persons)

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    (The following shall be endorsed on the Subpoena.)

    • NOTE: 
      Subsections 20(2) and (3) of the Hazardous Material Information Review Act Appeal Board Procedures Regulations provide as follows:

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  2. Hazardous Materials Information Review Act Appeal Board Procedures Regulations - SOR/91-86 (Section 13)
    Hazardous Materials Information Review Act Appeal Board Procedures Regulations
    •  (1) 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 shall

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      • (b) mark 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”.

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    • (4.1) 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.

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    • (8) Where the appeal board decides to grant a request made under subsection (5) or (6) for access to confidential information, it shall

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      • (c) give 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.

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    • (10) 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.

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  3. Hazardous Materials Information Review Act Appeal Board Procedures Regulations - SOR/91-86 (Section 12)
    Hazardous Materials Information Review Act Appeal Board Procedures Regulations
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    • (2) 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 shall

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      • (b) 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”; and

      • (c) file 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”.

    • (3) 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.

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  4. Hazardous Materials Information Review Act Appeal Board Procedures Regulations - SOR/91-86 (Section 10)
    Hazardous Materials Information Review Act Appeal Board Procedures Regulations
    •  (1) 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.

    • (2) 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.


  5. Hazardous Materials Information Review Act Appeal Board Procedures Regulations - SOR/91-86 (Section 33.1)
    Hazardous Materials Information Review Act Appeal Board Procedures Regulations
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    • (4) The Minister shall give a written response to a request as soon as possible.

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