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

Regulations are current to 2017-12-11 and last amended on 2015-02-11. Previous Versions

Information Substantiating a Claim for Exemption

 The following information is required, at the request of a screening officer under subsection 13(1.1) of the Act, for the purpose of substantiating a claim for exemption from the disclosure of information:

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

  • (b) whether, to the knowledge of the claimant, any persons inside or outside Canada other than persons referred to in paragraph (a) have knowledge of or access to the information and, if so and the number is known to the claimant, the number of those persons;

  • (c) the details 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;

  • (d) 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;

  • (e) a statement indicating the amount of money spent or other business resources used to develop the information, if the claimant considers that amount or those resources to be substantial in the circumstances, and why the claimant considers that amount or those resources to be substantial in the circumstances; and

  • (f) either

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

    • (ii) the estimated value 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, including the method of calculation used to determine that value, and an explanation of why the claimant considers that the financial gain would be material.

  • SOR/2008-261, s. 2;
  • SOR/2015-18, s. 3(F).

Filing a Claim

 A claim for exemption shall be filed

  • (a) by sending it by registered mail to the office responsible for the administration of the Act;

  • (b) in person by the claimant or the claimant’s agent by delivering it to the office responsible for the administration of the Act; or

  • (c) by transmitting it by any electronic means, including facsimile or electronic mail, to the office responsible for the administration of the Act, if it has the necessary facilities for accepting the secure transmission of the claim by that means.

  • SOR/88-510, s. 1;
  • SOR/91-419, s. 8;
  • SOR/93-234, s. 2(F);
  • SOR/2002-235, s. 5;
  • SOR/2008-261, s. 3;
  • SOR/2015-18, s. 4.

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 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;
  • SOR/2015-17, s. 12.

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;
  • SOR/2015-18, s. 5(F).

Notices of Decisions and Orders of Screening Officers

 Every notice published under subsection 18(1) of the Act in respect of a decision, order or undertaking shall contain the following information:

  • (a) the name of the claimant;

  • (b) the product identifier of the hazardous 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, the order or the notice referred to in subsection 16.1(3) of the Act confirming compliance with the undertaking;

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

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

  • SOR/89-288, s. 2;
  • SOR/2008-261, s. 4;
  • SOR/2015-17, s. 13.

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.
 
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