Hazardous Materials Information Review Act

Marginal note:Information privileged

• 46 (1) Subject to this section and the other provisions of this Part and any regulations made under this Part, all information obtained by the Commission or an appeal board from a supplier or employer for the purposes of this Part is privileged and, notwithstanding the Access to Information Act or any other Act or law, no official of the Commission or member of an appeal board shall knowingly, without the consent in writing of the person by whom the information was provided,

  • (a) communicate or allow to be communicated to any person any such information, or

  • (b) allow any person to inspect or to have access to any book, record, writing or other document containing any such information,

  except for the purposes of the administration or enforcement of this Part.

• Marginal note:Exceptions

  (2) An official of the Commission may communicate or allow to be communicated information obtained by the Commission or an appeal board from a supplier or employer for the purposes of this Part, or allow inspection of or access to any book, record, writing or other document containing any such information, to or by

  • (a) any official of the Department of Health

    • (i) for the purposes of the administration or enforcement of Part II of the Hazardous Products Act, and

    • (ii) for the purpose mentioned in subsection 13(2);

  • (b) [Repealed, 1996, c. 8, s. 24]

  • (c) any official of the Department of Human Resources and Skills Development, or any appeals officer, health and safety officer or regional health and safety officer within the meaning of subsection 122(1) of the Canada Labour Code, for the purposes of the administration or enforcement of Part II of that Act;

  • (d) any official of the Department of Transport, for the purpose of making the information available in cases of medical emergency through the Canadian Transport Emergency Centre (CANUTEC) of the Department of Transport; and

  • (e) any official of the government of a province, for the purposes of the administration or enforcement of any law of the province relating to occupational safety and health where under the law of that province similar provisions exist to protect the confidentiality of the information obtained as a result of such communication, inspection or access.

• Marginal note:Other exceptions

  (3) The Commission may communicate or disclose or cause to be communicated or disclosed any information obtained by the Commission or an appeal board from a supplier or employer for the purposes of this Part 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:Conditions

  (4) No person who obtains any information pursuant to subsection (2) or (3) shall knowingly disclose that information to any other person or knowingly allow any other person to have access to that information, except as may be necessary for the purposes mentioned in that subsection.

• Marginal note:Definition of “official”

  (5) In this section, official means any person employed in or occupying a position of responsibility in the service of Her Majesty, or any person formerly so employed or formerly occupying such a position.