Law:Hazardous Materials Information Review Act

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R.s.c., 1985, c. 24 (3rd Supp.)


(Enacted as Part III to R.S., 1985, c. 24 (3rd Supp.), in force October 1, 1987, see Si/87-220.)

Contents

Short Title

Short title

9. This Part may be cited as the Hazardous Materials Information Review Act.


Interpretation

Definitions

10. (1) In this Part,

“affected party”

« partie touchée »

“affected party”, in respect of any provision of this Part, has the meaning assigned by regulation;

“Chief Appeals Officer”

« directeur de la Section d’appel »

“Chief Appeals Officer” means the Chief Appeals Officer appointed pursuant to section 38;

“Chief Screening Officer”

« directeur de la Section de contrôle »

“Chief Screening Officer” means the Chief Screening Officer appointed pursuant to section 38;

“Commission”

« Conseil »

“Commission” means the Hazardous Materials Information Review Commission established by subsection 28(1);

“controlled product”

« produit contrôlé »

“controlled product” has the same meaning as in the Hazardous Products Act;

“employer”

« employeur »

“employer” has the same meaning as in Part II of the Canada Labour Code;

“material safety data sheet”

« fiche signalétique »

“material safety data sheet” has the same meaning as in the Hazardous Products Act;

“Minister”

« ministre »

“Minister” means the Minister of Health;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulation;

“President”

« directeur général »

“President” means the President of the Commission;

“regulation”

pan class="DefinedTermLink" lang="f« règlement »

“regulation” means a regulation made pursuant to section 48;

“rule”

« règle »

“rule” means a rule made pursuant to section 47;

“screening officer”

« agent de contrôle »

“screening officer” means a screening officer appointed pursuant to section 38;

“supplier”

« fournisseur »

“supplier” has the same meaning as in the Hazardous Products Act.

Definition of "provisions of the Hazardous Products Act"

(2) In this Part, “provisions of the Hazardous Products Act” means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of any regulation made pursuant to paragraph 15(1)(j) of that Act.

Definition of "provisions of the Canada Labour Code"

(3) In this Part, “provisions of the Canada Labour Code” means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of section 125.2 of that Act or any regulation made pursuant to section 157 of that Act for the purposes of section 125.2 of that Act.

R.S., 1985, c. 24 (3rd Supp.), s. 10; 1992, c. 1, s. 145(F); 1996, c. 8, s. 32.


Review Of Confidential Business Information

Claim for exemption by supplier

11. (1) Any supplier who is required, either directly or indirectly, pursuant to the provisions of the Hazardous Products Act, to disclose

(a) the chemical identity or concentration of any ingredient of a controlled product, or

(b) the name of any toxicological study that identifies any ingredient of a controlled product

may, if the supplier considers such information to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section.

Claim for exemption by employer

(2) Any employer who is required, either directly or indirectly, pursuant to the provisions of the Canada Labour Code, to disclose

(a) the chemical identity or concentration of any ingredient of a controlled product,

(b) the name of any toxicological study that identifies any ingredient of a controlled product,

(c) the chemical name, common name, generic name, trade-name or brand name of a controlled product, or

(d) information that could be used to identify a supplier of a controlled product

may, if the employer considers such information to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section.

Manner of filing claim and fee payable

(3) A claim for exemption shall be in such form and be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

Contents of claim

(4) A claim for exemption shall be accompanied by the material safety data sheet or label to which the claim relates and shall contain

(a) the information in respect of which the exemption is claimed;

(b) a declaration stating that the claimant believes that the information in respect of which the exemption is claimed is confidential business information that meets the criteria prescribed under paragraph 48(1)(a) and that information substantiating the claim — as specified in the regulations — is in the possession of, or is available to, the claimant and will be provided on request;

(c) a summary of the information substantiating the claim; and

(d) any other prescribed information.

Restriction

(5) Where a supplier or an employer files a claim for exemption in accordance with this section and the final disposition of the proceedings in relation to the claim is that the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid.

R.S., 1985, c. 24 (3rd Supp.), s. 11; 1992, c. 1, s. 144(F); 2001, c. 34, s. 49(F); 2007, c. 7, s. 1.

Previous VersionDuties of Chief Screening Officer

12. (1) The Chief Screening Officer shall, on receipt of a claim for exemption and the material safety data sheet or label to which it relates and of payment of the required fee,

(a) cause a notice of the filing of the claim to be published in the Canada Gazette; and

(b) assign a screening officer to review the claim and the material safety data sheet or label to which it relates.

Notice

(2) The notice referred to in paragraph (1)(a) shall contain a statement offering every affected party the opportunity to make, within the period specified in the notice, written representations to the screening officer with respect to the claim for exemption and the material safety data sheet or label to which it relates.

Restriction

(3) The notice referred to in paragraph (1)(a) shall not disclose any information in respect of which the claim for exemption is made.

R.S., 1985, c. 24 (3rd Supp.), s. 12; 2001, c. 34, s. 50(F).

Duties of screening officer

13. (1) A screening officer shall review a claim for exemption and the material safety data sheet or label to which it relates in accordance with the prescribed procedures and shall

(a) decide whether, having regard to the criteria prescribed pursuant to paragraph 48(1)(a), the claim or any portion of the claim is valid; and

(b) decide whether the material safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be.

Substantiating information

(1.1) The screening officer may, for the purpose of determining the matter referred to in paragraph (1)(a), ask the claimant to provide the information substantiating the claim for exemption in the following circumstances:

(a) an affected party has made written representations with respect to the claim;

(b) the information contained in the summary referred to in paragraph 11(4)(c) is to be verified; or

(c) any other prescribed circumstances.

Consultation

(2) A screening officer may consult officials of the Department of Health for the purpose of determining whether a material safety data sheet or label complies with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code.

R.S., 1985, c. 24 (3rd Supp.), s. 13; 1996, c. 8, s. 34; 2007, c. 7, s. 2.

Previous VersionScreening officer may request additional information

14. (1) A screening officer may, for the purposes of determining any matter referred to in paragraph 13(1)(a) or (b), by registered mail, send a written notice to a claimant requesting the claimant to submit such additional information as the screening officer may require.

Claimant shall comply with request

(2) Every claimant to whom a notice referred to in subsection (1) is sent shall disclose to the screening officer, in the manner and within the period specified in the notice, any information that is requested in the notice and is in the possession of, or is available to, the claimant.

Decision in writing

15. (1) A screening officer shall, as soon as is practicable, render a decision in writing on a claim for exemption and the material safety data sheet or label to which it relates, including reasons for the decision, and shall

(a) cause a copy of the decision to be given to the claimant; and

(b) cause a notice of the decision to be given to each affected party who made written representations to the screening officer with respect to the claim for exemption or the material safety data sheet or label to which it relates.

Notice of decision

(2) The notice referred to in paragraph (1)(b) shall contain sufficient information to indicate the purport of a decision of a screening officer and the reasons therefor but shall not disclose any information in respect of which a claim for exemption is made.

Order of screening officer

16. (1) Where under paragraph 13(1)(a) a screening officer determines that a claim or portion of a claim for exemption is not valid, the screening officer shall order the claimant to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code in respect of which the claim or portion of the claim for exemption was determined not to be valid.

No retrospective effect

(2) No order made under subsection (1) shall have retrospective effect.

Compliance with order

(3) Every claimant to whom an order made under subsection (1) is directed shall comply with the order in the manner and within the period specified in the order.

Deemed compliance

(4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, be deemed to have complied with those provisions.

Undertaking

16.1 (1) If a screening officer determines under paragraph 13(1)(b) that a material safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.

Agreement by claimant

(2) If the claimant agrees with the measures set out in the undertaking, the claimant shall sign the undertaking and return it to the screening officer together with the amended material safety data sheet or label.

Notice

(3) On receipt of the signed undertaking, if the screening officer is satisfied, after reviewing the material safety data sheet or label, that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall send a notice to the claimant confirming their compliance with the undertaking.

Deemed compliance

(4) A claimant to whom the notice is sent is, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, deemed to have complied with those provisions.

2007, c. 7, s. 3.

Order re material safety data sheet

17. (1) If the screening officer does not receive the signed undertaking, or is not satisfied that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall order the claimant to comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the order.

No retrospective effect

(2) No order made under subsection (1) shall have retrospective effect.

Compliance with order

(3) Every claimant to whom an order made under subsection (1) is directed shall comply with the requirements specified in the order in the manner and within the period specified in the order.

Deemed compliance

(4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, be deemed to have complied with those provisions.

R.S., 1985, c. 24 (3rd Supp.), s. 17; 2007, c. 7, s. 4.

Previous VersionNotice

18. (1) The Chief Screening Officer shall cause to be published in the Canada Gazette

(a) in respect of each decision made under section 15 and each order made under section 16 or 17

(i) a notice containing prescribed information, and

(ii) a notice containing any information that, in the opinion of a screening officer, should have been disclosed on any material safety data sheet or label reviewed by the screening officer; and

(b) in respect of each undertaking for which a notice has been sent under subsection 16.1(3)

(i) a notice containing prescribed information, and

(ii) a notice containing any information that has been disclosed on any material safety data sheet or label in compliance with the undertaking.

Copies

(2) The Chief Screening Officer shall make copies of any notice published in the Canada Gazette under subsection (1) available to any person on request in writing.

Restriction

(3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.

R.S., 1985, c. 24 (3rd Supp.), s. 18; 2007, c. 7, s. 5.

Previous Version

Exemption

Exemption

19. (1) Every person who files a claim for exemption in accordance with section 11 is, until the final disposition of the proceedings in relation to the claim for exemption, exempt from the requirement in respect of which the exemption is claimed.

Idem

(2) Where the final disposition of the proceedings in relation to a claim for exemption is that the claim or a portion of the claim is valid, the claimant is, for a period of three years beginning on the final disposition of the proceedings, exempt from the requirement in respect of which the claim or portion of the claim is determined to be valid.

Definition of “proceedings”

(3) In this section, “proceedings”, in relation to a claim for exemption, means any proceedings under this Part in relation to that claim for exemption and includes proceedings commenced in the Federal Court and proceedings on any appeal from any decision of that Court.


Appeals

Right of appeal

20. (1) A claimant or an affected party may appeal any decision or order made under section 15, 16 or 17, and an affected party may also appeal any undertaking in respect of which a notice has been published in the Canada Gazette.

Procedure on appeal

(1.1) An appeal shall be brought by filing with the Chief Appeals Officer, within the prescribed period, a statement of appeal setting out the grounds on which the appeal is made and any submissions in support of the appeal.

Manner of filing appeal and fee payable

(2) A statement of appeal shall be in such form and shall be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

Stay of order

(3) An appeal instituted pursuant to subsection (1) in relation to an order of a screening officer made under section 16 or 17 shall stay the operation of the order.

R.S., 1985, c. 24 (3rd Supp.), s. 20; 2007, c. 7, s. 6.

Previous VersionDuties of Chief Appeals Officer

21. The Chief Appeals Officer shall, on receipt of a statement of appeal and of payment of the required fee,

(a) cause an appeal board to be appointed in accordance with section 43 to hear and determine the appeal; and

(b) cause a notice of the appointment of an appeal board to be given to the claimant and to each affected party who made written representations to the screening officer with respect to the matter under appeal.

Convening of appeal board

22. An appeal board shall be convened in the province in which the claimant carries on business or, where the claimant carries on business in more than one province, in the province that, in the opinion of the Chief Appeals Officer, is the most directly concerned with the question under appeal.

Hearing of appeal

23. (1) An appeal board shall hear an appeal

(a) in accordance with the prescribed procedures;

(b) on the basis of

(i) the record of the screening officer in respect of the decision, order or undertaking being appealed,

(ii) the statement of appeal,

(iii) any submissions made to the appeal board by the claimant or by any affected party, and

(iv) any clarifications made by the Commission, in accordance with the regulations, in respect of the record referred to in subparagraph (i); and

(c) where appropriate, having regard to the criteria prescribed pursuant to paragraph 48(1)(a).

Disposition of an appeal of a decision or order

(2) An appeal board may dispose of an appeal of a decision or an order by

(a) dismissing the appeal and confirming the decision or order of the screening officer; or

(b) allowing the appeal and either varying or rescinding the decision or order being appealed.

Disposition of appeal of an undertaking

(3) An appeal board may dispose of an appeal of an undertaking by

(a) dismissing the appeal; or

(b) allowing the appeal and making any order that the appeal board considers appropriate.

No retrospective effect

(4) No order made under paragraph (3)(b) shall have retrospective effect.

Compliance with order

(5) A claimant to whom an order under paragraph (3)(b) is directed shall comply with the order in the manner and within the period specified in the order.

R.S., 1985, c. 24 (3rd Supp.), s. 23; 2001, c. 34, s. 51(F); 2007, c. 7, s. 7.

Previous VersionDecision in writing

24. (1) An appeal board shall, as soon as is practicable, render a decision in writing on an appeal, including reasons for the decision, and shall

(a) cause a copy of the decision to be given to the claimant; and

(b) cause a notice of the decision to be given to each affected party who made submissions on the appeal to the appeal board.

Notice of decision

(2) The notice referred to in paragraph (1)(b) shall contain sufficient information to indicate the purport of a decision of an appeal board and the reasons therefor but shall not disclose any information in respect of which a claim for exemption was made.

Effect of confirmation of order on appeal

25. (1) Where under paragraph 23(2)(a) an appeal board confirms a decision or order of a screening officer, the decision or order of the screening officer has the same force and effect as if the decision or order had not been appealed and shall be deemed to have been made on the date of the decision of the appeal board and, where the appeal board confirms an order of a screening officer made under section 16 or 17, any period specified in the order for compliance therewith shall be extended accordingly.

Effect of variation of order on appeal

(2) Where under paragraph 23(2)(b) an appeal board varies a decision or order of a screening officer, the decision or order of the screening officer shall be deemed to have been made as varied and shall be deemed to have been made on the date of the decision of the appeal board.

Order for disclosure

26. (1) An appeal board may order a claimant to disclose in confidence to an affected party named in the order or to each affected party within a class of affected parties designated in the order any information in respect of which a claim for exemption that is the subject-matter of an appeal was made if, in the opinion of the appeal board, for reasons of health and safety in a work place, the information should be disclosed.

Compliance with order

(2) Every claimant to whom an order made under subsection (1) is directed shall comply with the order in the manner and within the period specified in the order.

Information privileged

(3) No affected party to whom information is disclosed in confidence pursuant to an order made under subsection (1) shall disclose that information to any other person or allow any other person to have access to that information.

Notice

27. (1) The Chief Appeals Officer shall cause to be published in the Canada Gazette

(a) a notice containing prescribed information on each decision made by an appeal board under section 24; and

(b) a notice containing any information that, in the opinion of an appeal board, should have been disclosed on any material safety data sheet or label that was the subject-matter of an appeal to the appeal board.

Copies

(2) The Chief Appeals Officer shall make copies of any notice published in the Canada Gazette under paragraph (1)(a) or (b) available to any person on request in writing.

Restriction

(3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.


Commission Established

Commission established

28. (1) There is hereby established a commission, to be known as the Hazardous Materials Information Review Commission, governed by a council consisting of the members referred to in subsection (2) to be appointed by the Governor in Council.

Appointment of governors

(2) The council shall consist of the following members:

(a) two governors to represent workers, appointed after consultation by the Minister with such organizations representative of workers as the Minister deems appropriate;

(b) one governor to represent suppliers, appointed after consultation by the Minister with such organizations representative of suppliers as the Minister deems appropriate;

(c) one governor to represent employers, appointed after consultation by the Minister with such organizations representative of employers as the Minister deems appropriate;

(d) one governor to represent the Government of Canada, appointed on the recommendation of the Minister of Labour; and

(e) not fewer than four and not more than thirteen governors to represent the governments of the ten provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.

Term

(3) Each governor shall be appointed to hold office during good behaviour for a term not exceeding three years, but may be removed by the Governor in Council for cause.

Re-appointment

(4) A governor is eligible to be re-appointed on the expiration of a first or subsequent term of office.

Remuneration and expenses

(5) A governor shall serve without remuneration and is not entitled to be paid travel or living expenses by the Commission.

R.S., 1985, c. 24 (3rd Supp.), s. 28; 1993, c. 28, s. 78; 2002, c. 7, s. 177(E).

Previous Version

Chairman

Appointment of Chairman

29. (1) There shall be a Chairman of the council who shall be designated or elected as provided in this section.

First Chairman

(2) The Governor in Council shall designate one of the governors first to be appointed pursuant to paragraph 28(2)(d) or (e) to be the first Chairman.

Subsequent Chairmen

(3) The council shall, in accordance with the rules, elect each subsequent Chairman from among the governors appointed pursuant to paragraph 28(2)(d) or (e).

Term

(4) The governor who is Chairman shall serve in that capacity for a term of one year.

Duties of Chairman

30. (1) The Chairman shall preside at meetings of the council and shall perform such other duties as are assigned by the council.

Acting Chairman

(2) The council may authorize one of the governors appointed pursuant to paragraph 28(2)(d) or (e) to act as Chairman in the event that the Chairman is absent or unable to act or if the office of Chairman is vacant.


Objects Of Council

Objects

31. The objects of the council are, in addition to performing the functions of the council elsewhere specified in this Part,

(a) to make recommendations to the Minister on changes to the procedures established under this Part for the review of claims for exemption, including appeal procedures; and

(b) to review changes to the fees required to be paid on the filing of a claim for exemption or on the filing of an appeal and to make recommendations to the Minister in relation thereto.


Powers And Functions

Powers and functions

32. The Commission may, in addition to exercising the powers and performing the functions specified in this Part, exercise such powers and perform such functions, not inconsistent with this Part, as may be conferred on or assigned to it by any law of a province relating to occupational health and safety.


Head Office And Meetings

Head office

33. The head office of the Commission shall be at such place in Canada as is designated by order of the Governor in Council.

Meetings

34. The council shall meet at such times and places as the Chairman considers necessary but the council shall meet at least once in each year.


President

Appointment of President

35. (1) There shall be a President of the Commission, who shall be appointed as provided in this section.

First President

(2) The first President shall be appointed by the Governor in Council to hold office during pleasure.

Subsequent Presidents

(3) Each subsequent President shall be appointed by the Governor in Council on the recommendation of the Minister, after consultation by the Minister with the council, to hold office during good behaviour for a term not exceeding five years, but may be removed by the Governor in Council for cause.

Where appointee is governor

(4) Where the person appointed President is a governor, that person ceases to be a governor on assuming the office of President.

Re-appointment

(5) The President is eligible to be re-appointed on the expiration of a first or subsequent term of office.

Duties of President

36. (1) The President is the chief executive officer of the Commission, has supervision over and direction of the work and staff of the Commission and shall perform such duties as are assigned by the council.

Full-time

(2) The President shall devote the whole of his time to the performance of his duties under this Part.

Acting President

(3) The council may authorize an officer of the Commission to act as President in the event that the President is absent or unable to act or if the office of President is vacant, but no person so authorized may act as President for a period exceeding sixty days without the approval of the Governor in Council.

Remuneration

37. (1) The President shall be paid such remuneration for services as the Governor in Council may from time to time determine.

Expenses

(2) The President is entitled, subject to any Treasury Board directive in relation thereto, to be paid travel and living expenses incurred in carrying out any duties under this Part while absent from the President’s ordinary place of residence.


Staff

Staff

38. Such employees as are necessary for the proper conduct of the work of the Commission, including the Chief Appeals Officer, the Chief Screening Officer and the persons referred to in subsections 41(1) and 42(1), shall be appointed in accordance with the Public Service Employment Act.


Superannuation

Governors

39. (1) A governor or member of an appeal board shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the governor or member to be so employed for those purposes.

President and employees

(2) The President and the employees appointed under section 38 are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

R.S., 1985, c. 24 (3rd Supp.), s. 39; 2003, c. 22, ss. 171(E), 225(E).

Previous Version

Organization

Divisions

40. (1) The Commission shall include a Screening Division and an Appeals Division.

Operation

(2) Subject to sections 41 and 42, the staff of each division of the Commission shall be organized, and the offices of each division shall be operated, in such manner as may be provided by the rules.

Screening Division

41. (1) The staff of the Screening Division shall consist of the Chief Screening Officer and such screening officers and other employees as may be required.

Chief Screening Officer

(2) The Chief Screening Officer shall, in addition to performing the duties specified in this Part, perform such duties as are assigned by the President.

Appeals Division

42. (1) The staff of the Appeals Division shall consist of the Chief Appeals Officer and such other employees as may be required.

Chief Appeals Officer

(2) The Chief Appeals Officer shall, in addition to performing the duties specified in this Part, perform such duties as are assigned by the President.


Appeal Boards

Appeal boards

43. (1) An appeal board shall, in relation to appeals relating to the provisions of the Hazardous Products Act, consist of three members to be appointed as follows:

(a) one member, who shall be chairman of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the lieutenant governor in council of the province in which the appeal board is to be convened;

(b) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(i) maintained in respect of that province; and

(c) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(ii) maintained in respect of that province.

Idem

(2) An appeal board shall, in relation to an appeal relating to the provisions of the Canada Labour Code, consist of three members to be appointed as follows:

(a) one member, who shall be the chairman of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the Minister of Labour;

(b) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(b)(i) maintained in respect of the province in which the appeal board is to be convened; and

(c) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(b)(ii) maintained in respect of that province.

Lists of nominees

(3) The Chief Appeals Officer shall establish and maintain in respect of each province the following lists of nominees for appointment to appeal boards to be convened in that province:

(a) in relation to appeals relating to the provisions of the Hazardous Products Act,

(i) a list containing the names of persons nominated for appointment by such organizations representative of workers in that province as the council deems appropriate, and

(ii) a list containing the names of persons nominated for appointment by such organizations representative of suppliers and such organizations representative of employers in that province as the council deems appropriate; and

(b) in relation to appeals relating to the provisions of the Canada Labour Code,

(i) a list containing the names of persons nominated for appointment by such organizations representative of employees in that province to whom the Canada Labour Code applies as the council deems appropriate, and

(ii) a list containing the names of persons nominated for appointment by such organizations representative of employers in that province to whom the Canada Labour Code applies as the council deems appropriate.

Remuneration and expenses

(4) A member of an appeal board is entitled to be paid such fees or other remuneration for services as the Governor in Council may from time to time determine and i entitled to be paid reasonable travel and living expenses incurred in carrying out any duties under this Part while absent from the member’s ordinary place of residence.

Exception

(5) No screening officer is eligible for appointment to an appeal board.

Powers of appeal boards

44. An appeal board has and may exercise all the powers that are or may be conferred by or under sections 4, 5 and 11 of the Inquiries Act on commissioners appointed under Part I of that Act.


Annual Report

Annual Report

45. (1) The Commission shall, within four months after the termination of each year, submit to the Minister a report on the activities of the Commission during that year.

Tabling

(2) The Minister shall cause a copy of each report submitted to the Minister under subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

Copy to be sent to each province

(3) The Minister shall send a copy of each report submitted to the Minister under subsection (1) to the lieutenant governor of each province forthwith after a copy thereof is first laid before a House of Parliament under subsection (2).


Confidentiality Of Information

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.

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.

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.

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.

Definition of “official”

(5) In this section, “official” means any person employed in or occupying aosition 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.

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Rules

Rules

47. The council may make rules

(a) for the election of the Chairman;

(b) for regulating the practice and procedure of the council; and

(c) for carrying out the work of the Commission, the management of its internal affairs and the duties of its officers and employees.


Regulations

Regulations

48. (1) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate, make regulations

(a) prescribing the criteria to be applied for the purpose of determining whether a claim for exemption is valid;

(b) prescribing the procedure to be followed by a screening officer in reviewing a claim for exemption;

(b.1) specifying the information that is required for the purpose of substantiating a claim for an exemption;

(b.2) respecting the participation of the Commission in an appeal heard before an appeal board;

(c) prescribing the procedure to be followed by an appeal board in the hearing of an appeal;

(d) defining the expression “affected party” for the purposes of this Part or of any provision thereof;

(e) prescribing any other matter or thing, other than a fee or the manner of calculating a fee, that by this Part is to be or may be prescribed; and

(f) generally for carrying out the purposes and provisions of this Part.

Regulations prescribing fees

(2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the council, make regulations prescribing fees or the manner of calculating fees to be paid under this Part.

R.S., 1985, c. 24 (3rd Supp.), s. 48; 2007, c. 7, s. 8.

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Offence And Punishment

Offence

49. (1) Every person who contravenes or fails to comply with any provision of this Part or any regulation or order made under this Part

(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or

(b) is guilty of an indictable offence and liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both.

Officers, etc., of corporations

(2) Where a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Limitation period

(3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.


Liability

No action lies against Her Majesty

50. No action for damages lies against Her Majesty for anything done or omitted to be done in good faith by a governor, by an officer or employee of the Commission or by a member of an appeal board in the exercise or performance of any duties or functions under this Part.

No personal liability

51. No governor, officer or employee of the Commission, or member of an appeal board, is personally liable for anything done or omitted to be done in good faith in the exercise or performance of any duties or functions under this Part.


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