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

Regulations are current to 2013-04-29 and last amended on 2008-10-01. Previous Versions

Notice of Appeal or Application

  •  (1) The appeal board shall issue a notice of an appeal or an application in Form 3 of the schedule and shall publish the notice in the Canada Gazette and serve a copy of it on

    • (a) in the case of an appeal,

      • (i) the appellant,

      • (ii) the claimant, and

      • (iii) each affected party who made written representations to the screening officer whose decision, order or undertaking is being appealed with respect to the matter under appeal; and

    • (b) in the case of an application,

      • (i) the applicant,

      • (ii) the claimant, and

      • (iii) each affected party who made written representations to the screening officer whose decision, order or undertaking is being appealed with respect to the confidential business information that is the subject of the application.

  • (2) A notice referred to in subsection (1) shall contain

    • (a) the title of the proceedings;

    • (b) the appeal or application number that is assigned by the Chief Appeals Officer;

    • (c) a clear reference to, and a summary of, the decision, order or undertaking appealed from;

    • (d) information relating to the commencement of the appeal or the application including a summary of the grounds of appeal or the reasons for the application;

    • (e) the time limit for filing and serving an appearance;

    • (f) the address for service of the appellant or applicant; and

    • (g) the address of the office from which copies of the form of appearance and information respecting appeal board procedures may be obtained.

  • SOR/2008-262, s. 13.

Service of Statement of Appeal or Application

 An appellant or applicant shall, within such time as the appeal board may direct, subject to sections 12 and 13, serve a copy of the statement of appeal or application on all other parties.

Appearance

  •  (1) A claimant or an affected party who intends to participate in any proceedings shall file with the appeal board, and serve a copy on the appellant or applicant, as the case may be, on or before the expiration date specified in the notice issued pursuant to section 8, of an appearance in Form 4 of the schedule, signed by the claimant or affected party personally or, if the claimant or affected party is a corporation, by an officer of the corporation.

  • (2) As soon as is practicable after the expiration date specified in the notice issued pursuant to section 8, the appeal board shall serve on all of the parties a list of the parties that sets out their names, addresses and telephone and other telecommunications numbers.

PART II

PROTECTION OF INFORMATION

Privacy of Proceedings

  •  (1) No member of the public shall be admitted to any sitting of the appeal board and, except as may be provided in the Act or these Regulations, no member of the public shall have access to any information regarding proceedings before the appeal board.

  • (2) All information, documents or other material obtained by any means by any person, including appeal board members, from any party as a consequence of or in the course of any proceedings before the appeal board are obtained solely for the purposes of those proceedings and of any subsequent or related applications to or actions in a court of competent jurisdiction, and any other use or further disclosure of that information or those documents or other materials is prohibited.