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

Marginal note:Exemption — subsection 19(2)

22 The Minister may suspend or cancel an exemption referred to in subsection 19(2) if

• (a) the Minister has reasonable grounds to believe that the claim for exemption that resulted in the exemption included false or misleading information;

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

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

• (d) prescribed circumstances apply.

Marginal note:Notice

• 23 (1) A suspension or cancellation of an exemption takes effect on the day on which the Minister notifies the exempted person in writing of the suspension or cancellation and of the reasons for it.

• Marginal note:Opportunity to be heard

  (2) The person may, within 10 days after the day on which they are notified of the suspension or cancellation, provide the Minister with reasons why they believe the suspension or cancellation is unfounded.

Reinstatement of Suspended or Cancelled Exemption

Marginal note:Suspended exemption

24 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a suspended exemption if the reasons for the suspension no longer exist or the person demonstrates to the Minister that the suspension was unfounded.

Marginal note:Cancelled exemption

25 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a cancelled exemption if the person demonstrates to the Minister that the cancellation was unfounded.

Disclosure of Confidential Business Information

Marginal note:Definition of government

26 In sections 28 and 31, government means any of the following or their institutions:

• (a) the federal government;

• (b) a corporation named in Schedule III to the Financial Administration Act;

• (c) a provincial government or a public body established under a law of that province; or

• (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act.

Marginal note:Disclosure to address serious and imminent danger

27 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if the disclosure is necessary to address serious and imminent danger to human health or safety or to the environment.

Marginal note:Disclosure to government or for advice

• 28 (1) The Minister may, without the consent of the person to whose business or affairs the information relates, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if

  • (a) the purpose of the disclosure is related to the protection of human health or safety or the environment from a significant risk;

  • (b) the disclosure is made to a government or a person from whom the Minister seeks advice; and

  • (c) the government or person agrees in writing to maintain the confidentiality of the disclosed information and to use it only for the purpose referred to in paragraph (a).

• Marginal note:Notice

  (2) The Minister must, before disclosing information under subsection (1), notify the person to whose business or affairs the information relates.

Marginal note:Disclosure to physician or medical professional

29 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

Marginal note:Notice

• 30 (1) If the Minister discloses information under section 27 or 29, the Minister must notify the person to whose business or affairs the information relates no later than the next business day after the day on which disclosure is made.

• Marginal note:Definition of business day

  (2) In this section, business day means a day other than a Saturday or a holiday.

Marginal note:Subsequent disclosure

31 A person or government must not knowingly disclose information that was disclosed to them under section 27, 28 or 29 to any other person or government, except for the purpose for which it was disclosed to them.

Remission of Fees

Marginal note:Remission of fees

• 32 (1) The Minister may, by order, remit all or part of any fee prescribed under subsection 48(2).

• Marginal note:Remission may be conditional

  (2) A remission may be conditional.

Marginal note:Conditional remission

33 If a remission granted under subsection 32(1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.

Additional Powers, Duties and Functions of Minister

Marginal note:Additional powers, duties and functions

34 The Minister may, in addition to exercising the powers and performing the duties and functions specified in this Act,

• (a) exercise the powers and perform the duties and functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and

• (b) exercise the powers and perform the duties and functions that are conferred on or assigned to the Minister, in relation to the review of claims for exemption, by any law of a province relating to occupational health and safety.