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

36. (1) Where, pursuant to section 44 of the Act and section 11 of the Inquiries Act, the appeal board proposes to appoint an expert to consider and report on any matter relevant to the proceedings, the appeal board shall notify the parties of the proposal and shall hear the written or oral submissions of parties on the proposal.

(2) Where an expert is appointed by the appeal board, the report of the expert shall be introduced in evidence and the expert may be examined on the report on oath or solemn affirmation.

(3) The report of an expert

• (a) shall not identify, disclose, or by reference, have the effect of identifying or disclosing any confidential business information; and

• (b) shall have any confidential information in a separate part of the report marked with the word “Confidential/Confidentiel”.

(4) Confidential information contained in the report of an expert shall be provided only to a party from whom the information was obtained or a counsel or an expert who assists the counsel who may participate in a confidential session by virtue of section 35.

(5) Where the appeal board appoints an expert, the appeal board shall permit the parties to call witnesses to give evidence with respect to the matters reported on by the expert.

37. (1) Where the appeal board proposes to exercise the power to depute a person pursuant to section 44 of the Act and section 11 of the Inquiries Act, the appeal board shall notify the parties of the proposal and shall hear the written or oral submissions of the parties on the proposal.

(2) Sections 11 to 13, 15 to 17, 20 to 22, 24, 25 and 32 to 35 apply to a deputy as if the deputy were the appeal board, unless the appeal board, after hearing the submissions of the parties, directs otherwise.

(3) The report and findings, if any, of a deputy shall be submitted in accordance with subsection 11(4) of the Inquiries Act and, subject to subsections (4) and (5), a copy thereof shall be served on the parties.

(4) Any confidential business information that is contained in the report of a deputy and any contents of that report that have the effect of identifying or disclosing that information shall be severed from the contents of the report and placed in a sealed envelope marked with the words “Confidential Business Information/ Renseignements confidentiels commerciaux” and shall not be served on any affected party.

(5) Any confidential information that is contained in the report of a deputy shall be severed from the other contents of the report and be marked with the word “Confidential/ Confidentiel” and shall not be served on any parties other than a party from whom the information was obtained or a person who may have access to confidential information pursuant to section 13 or a person who may attend a confidential session pursuant to section 35.

38. (1) A notice to be published in the Canada Gazette pursuant to paragraph 27(1)(a) of the Act by the Chief Appeals Officer shall include

• (a) the name of the claimant;

• (b) the product identifier of the controlled product that is the subject of the claim for exemption that is the subject of the appeal;

• (c) the registry number assigned to the claim for exemption that is the subject of the appeal;

• (d) the date of the appeal board’s decision; and

• (e) sufficient information to indicate the purport of and the reasons for the appeal board’s decision.

(2) For the purposes of subsection (1), “product identifier” has the meaning assigned to that expression by subsection 2(1) of the Hazardous Materials Information Review Regulations.