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

Search

Hazardous Materials Information Review Regulations (SOR/88-456)

Regulations are current to 2020-05-17 and last amended on 2015-02-11. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2020-39, s. 1

  • — SOR/2020-39, s. 2

      • 2 (1) Subsections 3(1) and (2) of the Regulations are replaced by the following:

          • 3 (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, the Minister must have regard exclusively to the following criteria:

            • (a) whether the information is not publicly available;

            • (b) whether the claimant has taken measures that are reasonable in the circumstances to ensure that the information remains not publicly available; and

            • (c) whether the information has actual or potential economic value to the claimant or to the claimant’s competitors because it is not publicly available and its disclosure 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 determining that a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, but not for the purpose of determining that such a claim for exemption is not valid, the Minister must also, 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.

      • (2) The portion of subsection 3(3) of the Regulations before paragraph (a) is replaced by the following:

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

  • — SOR/2020-39, s. 3

      • 3 (1) The portion of subsection 8(1) of the Regulations before paragraph (a) is replaced by the following:

          • 8 (1) A claim for exemption must be in writing, must bear the written or electronic signature of the claimant or a facsimile of that signature, must be dated by the claimant and must contain

      • (2) Subsection 8(2) of the English version of the Regulations is replaced by the following:

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

  • — SOR/2020-39, s. 4

    • 4 Section 8.1 of the Regulations and the heading before it are repealed.

  • — SOR/2020-39, s. 5

    • 5 The portion of section 9 of the English version of the Regulations before paragraph (a) is replaced by the following:

      • 9 A claim for exemption must be filed

  • — SOR/2020-39, s. 6

    • 6 The portion of section 10 of the Regulations before paragraph (a) is replaced by the following:

      • 10 The Minister must assign a registry number to a claim for exemption as soon as possible after receiving

  • — SOR/2020-39, s. 7

    • 7 Sections 11 to 12 of the Regulations are replaced by the following:

      • 11 The Minister must mark each claim for exemption with a date of filing that is the same as the date on which a registry number is assigned to the claim under section 10.

Date modified: