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Version of document from 2006-03-22 to 2008-09-30:

Hazardous Materials Information Review Regulations

SOR/88-456

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Registration 1988-08-25

Regulations Respecting Hazardous Materials Information Review

P.C. 1988-1723 1988-08-25

Whereas the Minister of Consumer and Corporate Affairs 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;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to paragraph 48(1)(a) of the Hazardous Materials Information Review ActFootnote *, is pleased hereby:

Short Title

 These Regulations may be cited as the Hazardous Materials Information Review Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

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

    CAS registry number

    CAS registry number means, in respect of a chemical substance that is a controlled product or an ingredient of a controlled product, the identification number assigned to the chemical substance by the Chemical Abstracts Service Division of the American Chemical Society; (numéro d’enregistrement CAS)

    existing claim for exemption

    existing claim for exemption[Repealed, SOR/2002-235, s. 1]

    original claim

    original claim means a claim for exemption filed by a claimant in respect of information relating to a controlled product, but does not include a refiled claim. (demande originale)

    product identifier

    product identifier means, in respect of a controlled product, the brand name, code name or code number specified by a supplier or the chemical name, common name, generic name or trade name. (identificateur du produit)

    refiled claim

    refiled claim means a claim for exemption that is filed in respect of information relating to a controlled product, that is filed by the claimant who filed the original claim relating to that product, and is solely in respect of any of the information that, under subsection 19(2) of the Act, is or was previously exempt from disclosure in relation to that product. (demande représentée)

    subsequent claim for exemption

    subsequent claim for exemption[Repealed, SOR/2002-235, s. 1]

  • (2) For the purposes of the Act, affected party means, in respect of a controlled product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes

    • (a) a supplier of the controlled product;

    • (b) an employee at the work place;

    • (c) an employer at the work place;

    • (d) a safety and health professional for the work place;

    • (e) a safety and health representative or a member of a safety and health committee for the work place; and

    • (f) a person who is authorized in writing to represent

      • (i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or

      • (ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.

  • (3) For the purposes of subsection 46(3) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province.

  • SOR/89-288, s. 1
  • SOR/91-419, s. 1
  • SOR/2002-235, s. 1

Criteria for Determining the Validity of a Claim for Exemption

  •  (1) Subject to subsection (2), for the purpose of determining whether a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, a screening officer or an appeal board, as the case may be, shall have regard exclusively to the following criteria:

    • (a) whether the information is confidential to the claimant;

    • (b) whether the claimant has taken measures that are reasonable in the circumstances to maintain the confidentiality of the information; and

    • (c) whether the information has actual or potential economic value to the claimant or to the claimant’s competitors because it is confidential and the disclosure of the information would result in a material financial loss to the claimant or a material financial gain to the claimant’s competitors.

  • (2) For the purpose of deciding that a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, but not for the purpose of deciding that such a claim for exemption is not valid, a screening officer or an appeal board, as the case may be, shall, as a criterion, have regard to whether the money expended and the other business resources employed by the claimant to develop the information are substantial in the circumstances.

  • (3) For the purpose of paragraph (1)(a), information does not cease to be confidential to the claimant by reason only that it is known to persons who have

    • (a) obtained the information in confidence, express or implied, and are obligated by contract or trust, express or implied, or otherwise by law or equity to maintain the confidentiality of the information; or

    • (b) possession of the information without colour of right or lawful authority.

Fees for Claims for Exemption

Original Claims

 Subject to section 7, the fee required under subsection 11(3) of the Act to accompany an original claim is

  • (a) $1800, when only one original claim is filed; and

  • (b) when more than one original claim is filed at the same time,

    • (i) $1800 for each of the first 15 original claims filed,

    • (ii) $400 for each of the next 10 original claims filed, and

    • (iii) $200 for each original claim filed in addition to those referred to in subparagraphs (i) and (ii).

  • SOR/88-510, s. 1
  • SOR/91-419, s. 2
  • SOR/93-234, s. 2
  • SOR/2002-235, s. 2

 [Repealed, SOR/2002-235, s. 2]

Refiled Claims

 Subject to section 7, the fee required under subsection 11(3) of the Act to accompany a refiled claim is

  • (a) $1440, when only one refiled claim is filed; and

  • (b) when more than one refiled claim is filed at the same time,

    • (i) $1440 for each of the first 15 refiled claims filed,

    • (ii) $320 for each of the next 10 refiled claims filed, and

    • (iii) $160 for each refiled claim filed in addition to those referred to in subparagraphs (i) and (ii).

  • SOR/88-510, s. 1
  • SOR/91-419, s. 2
  • SOR/2002-235, s. 2

 [Repealed, SOR/2002-235, s. 2]

Small Businesses

[SOR/91-419, s. 5]

 The fee required under subsection 11(3) of the Act to accompany a claim for exemption is one half of the fee required by section 4 or 5 if the claimant

  • (a) had a gross annual revenue of not more than three million dollars in the claimant’s fiscal year immediately preceding the fiscal year in which the claim is filed; and

  • (b) employs not more than 100 employees.

  • SOR/88-510, s. 1
  • SOR/91-419, s. 6
  • SOR/2002-235, s. 3

Information To Be Contained in a Claim

  •  (1) Subject to subsection (2), a claim for exemption shall be in writing and be signed and dated by the claimant, and shall contain

    • (a) the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of the claimant;

    • (b) the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of an individual who can be contacted in respect of the claim, if the information is different from that required under paragraph (a);

    • (c) a statement identifying the claim as either an original claim or a refiled claim;

    • (d) a statement indicating whether the claimant is a supplier or an employer;

    • (e) if the claim is made by a supplier, a statement identifying the subject-matter of the information for which the claim is made as being one or more of the following:

      • (i) the chemical identity or concentration of an ingredient of a controlled product, and

      • (ii) the name of a toxicological study that identifies an ingredient of a controlled product;

    • (f) if the claim is made by an employer, a statement identifying the subject-matter of the information for which the claim is made as being one or more of the following:

      • (i) the chemical identity or concentration of an ingredient of a controlled product,

      • (ii) the name of a toxicological study that identifies an ingredient of a controlled product,

      • (iii) the chemical name, common name, generic name, trade name or brand name of a controlled product, and

      • (iv) information that could be used to identify a supplier of a controlled product;

    • (g) the information for which the claim is made;

    • (h) in respect of the information for which the claim is made, the following:

      • (i) a statement indicating the number of employees, officers or directors of the claimant who have knowledge of or access to the information,

      • (ii) a statement indicating whether, to the knowledge of the claimant, any persons inside or outside Canada other than persons referred to in subparagraph (i) have knowledge of or access to the information and, if so and the number is known to the claimant, the number of those persons,

      • (iii) a detailed description of the measures implemented by the claimant in order to restrict knowledge of or access to the information, including the measures relating to site security, document security and computer security that have been implemented for that purpose, and

      • (iv) a statement indicating whether or not each person who, to the knowledge of the claimant, has knowledge of or access to the information has signed a confidentiality agreement in respect of that information;

    • (i) the following in respect of the controlled product related to the claim:

      • (i) its product identifier,

      • (ii) if the claim is a refiled claim, the registry number of the preceding claim filed in respect of that controlled product, and

      • (iii) if the claim relates to an ingredient of the controlled product, the generic chemical identity and CAS registry number of the ingredient;

    • (j) a statement indicating the amount of money expended or other business resources employed, if any, by the claimant to develop the information, and an explanation of why the claimant considers the money expended or the business resources employed to be substantial in the circumstances; and

    • (k) one of the following estimates and explanations:

      • (i) an estimate of the material financial loss to the claimant that would result if the information for which the claim for exemption is made were disclosed, and an explanation of why the claimant considers that the financial loss would be material, or

      • (ii) an estimate of the material financial gain to the claimant’s competitors that would result if the information for which the claim for exemption is made were disclosed, and an explanation of why the claimant considers that the financial gain would be material.

  • (2) A statement or description referred to in paragraph (1)(h) is not required to be contained in a claim for exemption if

    • (a) the statement or description would be identical to that contained in a claim previously filed by the claimant or in any other claim filed at the same time by the claimant;

    • (b) the claim states that the statement or description is identical to that contained in the claim previously filed or in the other claim filed at the same time; and

    • (c) the claim identifies the claim that contains the statement or description.

  • (3) A claim for exemption submitted under subsection (1) shall not contain any false or misleading information.

  • SOR/88-510, s. 1
  • SOR/91-419, s. 7
  • SOR/93-234, s. 2
  • SOR/2002-235, s. 4

Filing a Claim

 A claim for exemption shall be filed

  • (a) by sending it by registered mail to the head office of the Commission; or

  • (b) in person by the claimant or the claimant’s agent by delivering it to the head office of the Commission.

  • SOR/88-510, s. 1
  • SOR/91-419, s. 8
  • SOR/93-234, s. 2(F)
  • SOR/2002-235, s. 5

Assigning Registry Numbers

 A screening officer shall assign a registry number or have a registry number assigned to a claim for exemption as soon as practicable after receiving

  • (a) a claim for exemption that is in accordance with section 8;

  • (b) the material safety data sheet or label to which the claim for exemption relates; and

  • (c) the required fee.

  • SOR/88-510, s. 1
  • SOR/91-419, s. 9
  • SOR/2002-235, s. 6

Date of Filing

 A screening officer shall mark each claim for exemption or have each claim for exemption marked with a date of filing that is the same as the date on which a registry number is assigned to the claim pursuant to section 10.

  • SOR/88-510, s. 1

Representations by Affected Parties

  •  (1) Where an affected party makes written representations in respect of a claim for exemption, the screening officer shall provide to the claimant a copy of the representations.

  • (2) Where an affected party referred to in subsection (1) is an employee of the claimant and requests for reasons of economic or personal security that his identity not be disclosed, the screening officer shall not disclose the identity of the affected party to the claimant.

  • SOR/89-288, s. 2

Notices of Decisions and Orders of Screening Officers

 Every notice published pursuant to paragraph 18(1)(a) of the Act shall contain the following information:

  • (a) the name of the claimant;

  • (b) the product identifier of the controlled product that is the subject of the claim for exemption;

  • (c) the registry number assigned to the claim for exemption;

  • (d) the date of the decision or order of the screening officer;

  • (e) sufficient information to indicate the purport of and the reasons for the decision or order; and

  • (f) the period within which the decision or order may be appealed.

  • SOR/89-288, s. 2

Fee for Appeals

  •  (1) Subject to subsection (2), the fee required under subsection 20(2) of the Act to accompany a statement of appeal is $2,000.

  • (2) The fee required under subsection 20(2) of the Act to accompany a statement of appeal is one half of the fee required by subsection (1) where the statement of appeal is filed by

    • (a) an affected party who is an individual employee and who is not

      • (i) a member of a bargaining unit, or

      • (ii) employed at a work place for which a trade union has been certified or recognized;

    • (b) an affected party who is a member, official or representative of a trade union that

      • (i) is a non-affiliated trade union, and

      • (ii) does not have more than 100 members; or

    • (c) a claimant that

      • (i) had a gross annual revenue of not more than three million dollars in the claimant’s fiscal year immediately preceding the fiscal year in which the statement of appeal is filed, and

      • (ii) does not employ more than 100 employees.

  • SOR/88-510, s. 1
  • SOR/91-419, s. 10

SCHEDULES I TO IV

[Repealed, SOR/2002-235, s. 7]
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