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Hazardous Materials Information Review Act

Version of section 46 from 2019-07-29 to 2020-03-17:


Marginal note:Information privileged

  •  (1) Subject to this Act and any regulations made under it, all information obtained from a supplier or employer for the purposes of this Act is privileged and, despite the Access to Information Act or any other Act or law, no person who has obtained information from a supplier or employer for the purposes of this Act shall knowingly, without the written consent of the person who provided the information,

    • (a) communicate the information, or allow it to be communicated, to any person; or

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

  • Marginal note:Exception — administration or enforcement of Act

    (1.1) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information for the purposes of the administration or enforcement of this Act.

  • Marginal note:Exceptions

    (2) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information, to or by

    • (a) [Repealed, 2012, c. 31, s. 278]

    • (b) [Repealed, 1996, c. 8, s. 24]

    • (c) any official of the Department of Employment and Social Development, the Canada Industrial Relations Board in the exercise of its powers or the performance of its duties or functions under Part II of the Canada Labour Code, other than the powers, duties and functions set out in sections 133 and 134 of that Act, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2) of that Act, for the purposes of the administration or enforcement of Part II of that Act;

    • (c.1) any health and safety officer as defined in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, for the purposes of the administration and enforcement of Part III.1 of that Act or any health and safety officer as defined in subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, for the purposes of the administration and enforcement of Part III.1 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) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate or disclose the information or cause it to be communicated or disclosed 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.

  • R.S., 1985, c. 24 (3rd Supp.), s. 46
  • 1992, c. 1, s. 145(F)
  • 1996, c. 8, s. 24, c. 11, s. 60
  • 2000, c. 20, s. 26
  • 2005, c. 34, s. 79
  • 2012, c. 31, s. 278
  • 2013, c. 40, ss. 201, 237
  • 2014, c. 13, s. 112, c. 20, s. 158(F)
  • 2017, c. 20, s. 395
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