Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-01-27 and last amended on 2015-02-11. Previous Versions

Hazardous Materials Information Review Act Appeal Board Procedures Regulations

SOR/91-86

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Registration 1991-01-07

Hazardous Materials Information Review Act Appeal Board Procedures Regulations

P.C. 1990-2868  1990-12-31

Whereas the Minister of Consumer and Corporate Affairs, pursuant to subsection 48(1) of the Hazardous Materials Information Review ActFootnote *, has consulted with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deemed appropriate in respect of the prescription of:

  • (a) the period within which a claimant or an affected party may appeal a decision or order of a screening officer rendered under section 15, 16 or 17 of that Act,

  • (b) the form of a statement of appeal and the manner in which it shall be filed,

  • (c) the procedure to be followed by an appeal board in the hearing of an appeal, and

  • (d) the information to be contained in a notice to be published in the Canada Gazette on each decision rendered by an appeal board under section 24 of that Act;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to subsections 20(1) and (2) and paragraphs 23(1)(a), 27(1)(a) and 48(1)(c), (e) and (f) of the Hazardous Materials Information Review ActFootnote *, is pleased hereby to make the annexed Regulations respecting Hazardous Materials Information Review Act appeal board procedures.

 [Repealed, SOR/2008-262, s. 2]

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Hazardous Materials Information Review Act; (Loi)

    affected party

    affected party has the meaning assigned to that expression by subsection 2(2) of the Hazardous Materials Information Review Regulations; (partie touchée)

    appeal board

    appeal board means an appeal board appointed in accordance with paragraph 21(a) and section 43 of the Act; (commission d’appel)

    appellant

    appellant means a claimant or affected party who appeals, under subsection 20(1) of the Act, a decision, order or undertaking of a screening officer; (appelant)

    applicant

    applicant means an affected party who makes an application for an order under subsection 26(1) of the Act; (requérant)

    claimant

    claimant means a supplier or employer who makes a claim for exemption under the Act; (demandeur)

    confidential business information

    confidential business information means any confidential information in respect of which a claim for exemption has been made; (renseignements confidentiels commerciaux)

    confidential information

    confidential information means any information that is confidential, other than confidential business information; (renseignements confidentiels)

    counsel

    counsel means a member of the Bar of any province who is authorized by a claimant or affected party to represent the claimant or affected party in a proceeding; (avocat)

    major shareholder

    major shareholder means a person who holds, directly or indirectly, other than by way of security only, 10 per cent or more of the issued and outstanding voting securities of a corporation; (actionnaire important)

    party

    party means a claimant or an affected party who files an appearance in accordance with subsection 10(1), an appellant or an applicant; (partie)

    proceedings

    proceedings means any proceedings under the Act on an appeal or application; (instance)

    related group

    related group [Repealed, SOR/2008-262, s. 3]

    related persons

    related persons [Repealed, SOR/2008-262, s. 3]

    union association

    union association means a group of workers constituted as a professional syndicate, union, brotherhood or otherwise or a group of those syndicates, unions, brotherhoods or other groups of workers similarly constituted, having as its objects the study, safeguarding and development of the economic, social or educational interests of its members or the negotiation and application of collective agreements. (association syndicale)

  • (2) For the purposes of these Regulations, a corporation is controlled by a party if

    • (a) securities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, except by way of security only, by or for the benefit of that party; and

    • (b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.

  • SOR/2008-262, ss. 3, 13

Application

 These Regulations apply in respect of:

  • (a) an appeal made pursuant to subsection 20(1) of the Act; and

  • (b) an application made pursuant to subsection 26(1) of the Act.

  • SOR/2008-262, s. 4(F)

PART IAppeals and Applications

Statement of Appeal

 A statement of appeal shall be in Form 1 of the schedule and shall be filed with the Chief Appeals Officer pursuant to subsection 20(1) of the Act within 45 days after the date of publication in the Canada Gazette of the notice published pursuant to section 18 of the Act in respect of the decision, order or undertaking that is the subject of the appeal.

  • SOR/2008-262, s. 13
  • SOR/2015-18, s. 6(F)

Application

  •  (1) An application shall

    • (a) be in Form 2 of the schedule;

    • (b) be filed with the appeal board; and

    • (c) contain a full statement of the reasons, facts and circumstances supporting the application.

  • (2) A statement of appeal may include an application.

Simultaneous Hearing of an Appeal and an Application

 The appeal board may hear an application at the same time as an appeal where

  • (a) the application is

    • (i) included with a statement of appeal, or

    • (ii) made at any other time before the conclusion of an appeal proceeding;

  • (b) the appeal board believes that hearing the application at that time would avoid duplication of proceedings; and

  • (c) the appeal board considers it convenient to hear the application at that time.

Access to Record of Screening Officer

  •  (1) The Chief Appeals Officer shall, on the filing of a statement of appeal in accordance with section 4, require the Chief Screening Officer to transmit to the Appeals Division the record pertaining to the decision, order or undertaking that is the subject of the appeal.

  • (2) Where a party requests, for the purpose of participation in an appeal, access to the record of the screening officer pertaining to the decision, order or undertaking being appealed, the appeal board shall, subject to subsection (3), permit the party to view the record and to make copies thereof at the party’s expense.

  • (3) Where a record referred to in subsection (2) contains confidential business information or confidential information that was not provided by the requesting party and that can be readily separated from the record, the appeal board shall sever the information from the record and

    • (a) permit the party to view and copy only those portions of the record that contain information that is not

      • (i) confidential business information, or

      • (ii) confidential information; and

    • (b) subject to subsections (5), (6) and (7), permit the party’s counsel or an expert who assists the counsel to view and, if the appeal board so directs, copy any confidential information.

  • (4) A counsel or an expert who assists the counsel may sign and file with the appeal board, and shall serve on the other parties, a copy of an affirmation and promise in Form 5 of the schedule if the counsel or the expert

    • (a) is ordinarily resident in Canada;

    • (b) is not an employee, officer, director or major shareholder of any party to the proceedings or of any corporation controlled by such a party;

    • (c) is not an employee, official or representative of a union association; and

    • (d) does not have a personal interest that could influence, or reasonably appear to influence, the exercise of their duties with respect to the proceedings.

  • (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.

  • (5) A counsel may request and be granted access to confidential information in the record referred to in subsection (2) if the counsel

    • (a) has signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); and

    • (b) satisfies the appeal board that

      • (i) the counsel is independent from the party the counsel represents,

      • (ii) the counsel does not have a personal interest described in paragraph (4)(d), and

      • (iii) access to that confidential information is necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.

  • (6) An expert who assists a counsel who has made a request under subsection (5) may, on the request of the counsel, be permitted access to the confidential information in the record referred to in subsection (2) if the expert

    • (a) has signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); and

    • (b) satisfies the appeal board that

      • (i) the expert is independent from the party on whose behalf the expert is retained,

      • (ii) the expert does not have a personal interest described in paragraph (4)(d),

      • (iii) the expert is a person possessing expertise relevant to material issues in the proceedings, and

      • (iv) the assistance of a person possessing that expertise is necessary for counsel to prepare effectively for, or to participate in, the proceedings.

  • (7) The appeal board shall consider a request made under subsection (5) or (6) where the prerequisite procedures set out in subsections (4) and (5), in the case of a counsel, or in subsections (4) and (6), in the case of an expert, have been followed and the other parties have been given a reasonable opportunity to make representations with respect to communication of the confidential information to those persons.

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

    • (a) inform all parties of the decision; and

    • (b) give such 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.

  • SOR/2008-262, ss. 5, 13
  • SOR/2015-18, s. 7(F)
 
Date modified: