• Marginal note:Contents of claim

  (4) A claim for exemption shall be accompanied by the material safety data sheet or label to which the claim relates and shall contain

  • (a) the information in respect of which the exemption is claimed;

  • (b) a declaration stating that the claimant believes that the information in respect of which the exemption is claimed is confidential business information that meets the criteria prescribed under paragraph 48(1)(a) and that information substantiating the claim — as specified in the regulations — is in the possession of, or is available to, the claimant and will be provided on request;

  • (c) a summary of the information substantiating the claim; and

  • (d) any other prescribed information.

• Marginal note:Substantiating information

  (1.1) The screening officer may, for the purpose of determining the matter referred to in paragraph (1)(a), ask the claimant to provide the information substantiating the claim for exemption in the following circumstances:

  • (a) an affected party has made written representations with respect to the claim;

  • (b) the information contained in the summary referred to in paragraph 11(4)(c) is to be verified; or

  • (c) any other prescribed circumstances.

Marginal note:Undertaking

• 16.1 (1) If a screening officer determines under paragraph 13(1)(b) that a material safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.

• Marginal note:Agreement by claimant

  (2) If the claimant agrees with the measures set out in the undertaking, the claimant shall sign the undertaking and return it to the screening officer together with the amended material safety data sheet or label.

• Marginal note:Notice

  (3) On receipt of the signed undertaking, if the screening officer is satisfied, after reviewing the material safety data sheet or label, that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall send a notice to the claimant confirming their compliance with the undertaking.

• Marginal note:Deemed compliance

  (4) A claimant to whom the notice is sent is, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, deemed to have complied with those provisions.

Marginal note:Order re material safety data sheet

• 17. (1) If the screening officer does not receive the signed undertaking, or is not satisfied that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall order the claimant to comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the order.

Marginal note:Notice

• 18. (1) The Chief Screening Officer shall cause to be published in the Canada Gazette

  • (a) in respect of each decision made under section 15 and each order made under section 16 or 17

    • (i) a notice containing prescribed information, and

    • (ii) a notice containing any information that, in the opinion of a screening officer, should have been disclosed on any material safety data sheet or label reviewed by the screening officer; and

  • (b) in respect of each undertaking for which a notice has been sent under subsection 16.1(3)

    • (i) a notice containing prescribed information, and

    • (ii) a notice containing any information that has been disclosed on any material safety data sheet or label in compliance with the undertaking.

• Marginal note:Copies

  (2) The Chief Screening Officer shall make copies of any notice published in the Canada Gazette under subsection (1) available to any person on request in writing.

Marginal note:Right of appeal

• 20. (1) A claimant or an affected party may appeal any decision or order made under section 15, 16 or 17, and an affected party may also appeal any undertaking in respect of which a notice has been published in the Canada Gazette.

• Marginal note:Procedure on appeal

  (1.1) An appeal shall be brought by filing with the Chief Appeals Officer, within the prescribed period, a statement of appeal setting out the grounds on which the appeal is made and any submissions in support of the appeal.

• (b.1) specifying the information that is required for the purpose of substantiating a claim for an exemption;

• (b.2) respecting the participation of the Commission in an appeal heard before an appeal board;