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

Review of Claim for Exemption

Marginal note:Review by Minister

• 12 (1) The Minister must review each claim for exemption that is filed in accordance with section 11 in order to determine, as soon as feasible and in accordance with the prescribed criteria, whether the claim, or a portion of it, is valid.

• Marginal note:Additional information

  (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister.

Marginal note:Determination

13 The Minister must, as soon as feasible after making a determination referred to in subsection 12(1), notify the claimant in writing of the determination and the reasons for it.

Marginal note:Order

• 14 (1) If the Minister determines that a claim for exemption, or a portion of it, is not valid, then the Minister may order the claimant

  • (a) to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act in respect of which the claim or portion of the claim for exemption was determined not to be valid; or

  • (b) to remove information specified in the order from a safety data sheet or label that accompanies the claim for exemption.

• Marginal note:Compliance

  (2) The claimant must comply with the order.

• Marginal note:Effect of compliance

  (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.

Review of Safety Data Sheet or Label

Marginal note:Effect of failure to provide information

15 For the purposes of subsections 16(1) and 18(1) and paragraph 21(b), a failure to provide information on a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11 does not constitute a failure to comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act if the information that is not provided is the information in respect of which the claim is filed.

Marginal note:Review by Minister

• 16 (1) The Minister may review a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, in order to determine whether the safety data sheet or label, or the portion of it, complies with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act.

• Marginal note:Additional information

  (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister.

16.1 [Repealed, 2019, c. 29, s. 201]

Marginal note:Determination

17 The Minister must, as soon as feasible after making a determination referred to in subsection 16(1), notify the claimant in writing of the determination and the reasons for it.

Marginal note:Order

• 18 (1) If the Minister determines that a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act, then the Minister may order the claimant

  • (a) to comply, in the manner and within the period specified in the order, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act; or

  • (b) to remove information specified in the order from the safety data sheet or label.

• Marginal note:Compliance

  (2) The claimant must comply with the order.

• Marginal note:Effect of compliance

  (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.

Exemption Periods

Marginal note:Interim exemption period

• 19 (1) If a claim for exemption is filed in accordance with section 11, the claimant is, subject to section 21, exempt from the requirement in respect of which the exemption is claimed for the period that begins on the day on which the Minister registers the claim and ends on the day on which all judicial reviews and appeals are exhausted.

• Marginal note:Three-year exemption period

  (2) If a claim for exemption, or a portion of it, is valid after all judicial reviews and appeals are exhausted, then the claimant is, subject to section 22, exempt from the requirement in respect of which the claim, or portion of it, is valid for a period of three years that begins on the day after the day on which all judicial reviews and appeals are exhausted.

Marginal note:Conflict

20 If there is a conflict between subsection 19(1) or (2) and a provision of an order made under section 14 or 18, the provision of the order prevails to the extent of the conflict.

Suspension or Cancellation of Exemption

Marginal note:Exemption — subsection 19(1)

21 The Minister may suspend or cancel an exemption referred to in subsection 19(1) if

• (a) the Minister determines that the claim for exemption, or any portion of it, is not valid;

• (b) the Minister determines that a safety data sheet or label that accompanies the claim for exemption, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act;

• (c) the person who is exempted contravenes subsection 12(2) or 16(2);

• (d) the person who is exempted contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act;

• (e) the person who is exempted contravenes an order made under section 14 or 18; or

• (f) prescribed circumstances apply.