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

• 33.1 (1) A party may make a request in writing to the appeal board for clarification by the Commission of the screening officer’s record.

• (2) The appeal board shall, after reviewing the request and with the unanimous approval of its members, forward the request to the Commission.

• (3) The appeal board may also, on its own initiative and with the unanimous approval of its members, make a request for clarification in writing to the Commission.

• (4) The Commission shall give a written response to a request as soon as possible.

• 33.2 (1) After receiving the response from the Commission, the party may make a request in writing to the appeal board for the appearance of an official of the Commission at the hearing or procedural conference.

• (2) The appeal board shall approve the appearance only if

  • (a) the Commission’s response was insufficient or unclear; or

  • (b) due to the urgency or complexity of the matter before the board, clarification by way of a Commission official’s appearance will better aid the resolution of the issue requiring clarification than if there was only written clarification.

• (3) The appearance may be made in person or by teleconference or videoconference.

34. Where a witness gives evidence of a scientific, technical or other expert nature at a hearing, the appeal board may, in addition to or in lieu of permitting the examination of the witness, convene a technical conference with the parties and the witness in order to facilitate an informal discussion of the evidence of the witness and the matters addressed in that evidence among those persons with expertise in the matters, including advisors to parties and advisors to the appeal board.

• 35. (1) Subject to subsection (2), where confidential information will be disclosed in oral submissions during the examination of witnesses or at a procedural or technical conference, the appeal board shall, for the purpose of hearing the confidential information, move into confidential session and exclude from the hearing all persons except the party who is to present the confidential information to the appeal board, and any person whom that party requests be permitted to attend the confidential session.

• (2) A counsel or an expert who assists the counsel may be permitted to attend the confidential session where

  • (a) the counsel or the expert has signed, filed with the appeal board and served on the other parties an affirmation and promise in Form 5 of the schedule;

  • (b) the counsel or expert satisfies the appeal board that the counsel or the expert is independent from the party that the counsel represents or on whose behalf the expert is retained and that the counsel or expert does not have a personal interest that could influence, or reasonably appear to influence, the exercise of their duties with respect to the proceedings; and

  • (c) the appeal board is satisfied that the attendance of the counsel or the expert at the confidential session is necessary for the counsel to prepare effectively for, or to participate in, the proceedings.

• (3) All confidential information received by the appeal board in a confidential session pursuant to subsection (1) shall be maintained separate and apart from all other information pertaining to the proceedings.

• (4) On the completion of a confidential session, the appeal board shall recall the parties to the hearing.