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

Regulations are current to 2013-05-26 and last amended on 2008-10-01. 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.

1. [Repealed, SOR/2008-262, s. 2]

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INTERPRETATION

  • 2. (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.
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