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Version of document from 2005-04-01 to 2005-10-04:

Hazardous Materials Information Review Act

R.S.C., 1985, c. 24 (3rd Supp.), Part III

Hazardous Materials Information Review Act

[Enacted as Part III to R.S., 1985, c. 24 (3rd Supp.), in force October 1, 1987, see SI/87-220.]

Hazardous Materials Information Review Act

Short Title

Marginal note:Short title

9 This Part may be cited as the Hazardous Materials Information Review Act.

Interpretation

Marginal note:Definitions

  • 10 (1) In this Part,

    affected party

    partie touchée

    affected party, in respect of any provision of this Part, has the meaning assigned by regulation; (partie touchée)

    Chief Appeals Officer

    directeur de la Section d’appel

    Chief Appeals Officer means the Chief Appeals Officer appointed pursuant to section 38; (directeur de la Section d’appel)

    Chief Screening Officer

    directeur de la Section de contrôle

    Chief Screening Officer means the Chief Screening Officer appointed pursuant to section 38; (directeur de la Section de contrôle)

    Commission

    Conseil

    Commission means the Hazardous Materials Information Review Commission established by subsection 28(1); (Conseil)

    controlled product

    produit contrôlé

    controlled product has the same meaning as in the Hazardous Products Act; (produit contrôlé)

    employer

    employeur

    employer has the same meaning as in Part II of the Canada Labour Code; (employeur)

    material safety data sheet

    fiche signalétique

    material safety data sheet has the same meaning as in the Hazardous Products Act; (fiche signalétique)

    Minister

    ministre

    Minister means the Minister of Health; (ministre)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulation; (Version anglaise seulement)

    President

    directeur général

    President means the President of the Commission; (directeur général)

    regulation

    règlement

    regulation means a regulation made pursuant to section 48; (règlement)

    rule

    règle

    rule means a rule made pursuant to section 47; (règle)

    screening officer

    agent de contrôle

    screening officer means a screening officer appointed pursuant to section 38; (agent de contrôle)

    supplier

    fournisseur

    supplier has the same meaning as in the Hazardous Products Act. (fournisseur)

  • Marginal note:Definition of "provisions of the Hazardous Products Act"

    (2) In this Part, provisions of the Hazardous Products Act means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of any regulation made pursuant to paragraph 15(1)(j) of that Act.

  • Marginal note:Definition of "provisions of the Canada Labour Code"

    (3) In this Part, provisions of the Canada Labour Code means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of section 125.2 of that Act or any regulation made pursuant to section 157 of that Act for the purposes of section 125.2 of that Act.

  • R.S., 1985, c. 24 (3rd Supp.), s. 10
  • 1992, c. 1, s. 145(F)
  • 1996, c. 8, s. 32

Review of Confidential Business Information

Marginal note:Claim for exemption by supplier

  • 11 (1) Any supplier who is required, either directly or indirectly, pursuant to the provisions of the Hazardous Products Act, to disclose

    • (a) the chemical identity or concentration of any ingredient of a controlled product, or

    • (b) the name of any toxicological study that identifies any ingredient of a controlled product

    may, if the supplier considers such information to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section.

  • Marginal note:Claim for exemption by employer

    (2) Any employer who is required, either directly or indirectly, pursuant to the provisions of the Canada Labour Code, to disclose

    • (a) the chemical identity or concentration of any ingredient of a controlled product,

    • (b) the name of any toxicological study that identifies any ingredient of a controlled product,

    • (c) the chemical name, common name, generic name, trade-name or brand name of a controlled product, or

    • (d) information that could be used to identify a supplier of a controlled product

    may, if the employer considers such information to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section.

  • Marginal note:Manner of filing claim and fee payable

    (3) A claim for exemption shall be in such form and be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

  • Marginal note:Contents of claim

    (4) A claim for exemption shall contain the information in respect of which the exemption is claimed and such other information as is prescribed and shall be accompanied by the material safety data sheet or label to which it relates.

  • Marginal note:Restriction

    (5) Where a supplier or an employer files a claim for exemption in accordance with this section and the final disposition of the proceedings in relation to the claim is that the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid.

  • R.S., 1985, c. 24 (3rd Supp.), s. 11
  • 1992, c. 1, s. 144(F)
  • 2001, c. 34, s. 49(F)

Marginal note:Duties of Chief Screening Officer

  • 12 (1) The Chief Screening Officer shall, on receipt of a claim for exemption and the material safety data sheet or label to which it relates and of payment of the required fee,

    • (a) cause a notice of the filing of the claim to be published in the Canada Gazette; and

    • (b) assign a screening officer to review the claim and the material safety data sheet or label to which it relates.

  • Marginal note:Notice

    (2) The notice referred to in paragraph (1)(a) shall contain a statement offering every affected party the opportunity to make, within the period specified in the notice, written representations to the screening officer with respect to the claim for exemption and the material safety data sheet or label to which it relates.

  • Marginal note:Restriction

    (3) The notice referred to in paragraph (1)(a) shall not disclose any information in respect of which the claim for exemption is made.

  • R.S., 1985, c. 24 (3rd Supp.), s. 12
  • 2001, c. 34, s. 50(F)

Marginal note:Duties of screening officer

  • 13 (1) A screening officer shall review a claim for exemption and the material safety data sheet or label to which it relates in accordance with the prescribed procedures and shall

    • (a) decide whether, having regard to the criteria prescribed pursuant to paragraph 48(1)(a), the claim or any portion of the claim is valid; and

    • (b) decide whether the material safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be.

  • Marginal note:Consultation

    (2) A screening officer may consult officials of the Department of Health for the purpose of determining whether a material safety data sheet or label complies with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code.

  • R.S., 1985, c. 24 (3rd Supp.), s. 13
  • 1996, c. 8, s. 34

Marginal note:Screening officer may request additional information

  • 14 (1) A screening officer may, for the purposes of determining any matter referred to in paragraph 13(1)(a) or (b), by registered mail, send a written notice to a claimant requesting the claimant to submit such additional information as the screening officer may require.

  • Marginal note:Claimant shall comply with request

    (2) Every claimant to whom a notice referred to in subsection (1) is sent shall disclose to the screening officer, in the manner and within the period specified in the notice, any information that is requested in the notice and is in the possession of, or is available to, the claimant.

Marginal note:Decision in writing

  • 15 (1) A screening officer shall, as soon as is practicable, render a decision in writing on a claim for exemption and the material safety data sheet or label to which it relates, including reasons for the decision, and shall

    • (a) cause a copy of the decision to be given to the claimant; and

    • (b) cause a notice of the decision to be given to each affected party who made written representations to the screening officer with respect to the claim for exemption or the material safety data sheet or label to which it relates.

  • Marginal note:Notice of decision

    (2) The notice referred to in paragraph (1)(b) shall contain sufficient information to indicate the purport of a decision of a screening officer and the reasons therefor but shall not disclose any information in respect of which a claim for exemption is made.

Marginal note:Order of screening officer

  • 16 (1) Where under paragraph 13(1)(a) a screening officer determines that a claim or portion of a claim for exemption is not valid, the screening officer shall order the claimant to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code in respect of which the claim or portion of the claim for exemption was determined not to be valid.

  • Marginal note:No retrospective effect

    (2) No order made under subsection (1) shall have retrospective effect.

  • Marginal note:Compliance with order

    (3) Every claimant to whom an order made under subsection (1) is directed shall comply with the order in the manner and within the period specified in the order.

  • Marginal note:Deemed compliance

    (4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, be deemed to have complied with those provisions.

Marginal note:Order re material safety data sheet

  • 17 (1) Where under paragraph 13(1)(b) a screening officer determines 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 shall order the claimant to comply 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 order.

  • Marginal note:No retrospective effect

    (2) No order made under subsection (1) shall have retrospective effect.

  • Marginal note:Compliance with order

    (3) Every claimant to whom an order made under subsection (1) is directed shall comply with the requirements specified in the order in the manner and within the period specified in the order.

  • Marginal note:Deemed compliance

    (4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, be deemed to have complied with those provisions.

Marginal note:Notice

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

    • (a) a notice containing prescribed information on each decision made under section 15, and order made under section 16 or 17, by a screening officer; and

    • (b) 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.

  • Marginal note:Copies

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

  • Marginal note:Restriction

    (3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.

Exemption

Marginal note:Exemption

  • 19 (1) Every person who files a claim for exemption in accordance with section 11 is, until the final disposition of the proceedings in relation to the claim for exemption, exempt from the requirement in respect of which the exemption is claimed.

  • Marginal note:Idem

    (2) Where the final disposition of the proceedings in relation to a claim for exemption is that the claim or a portion of the claim is valid, the claimant is, for a period of three years beginning on the final disposition of the proceedings, exempt from the requirement in respect of which the claim or portion of the claim is determined to be valid.

  • Definition of proceedings

    (3) In this section, proceedings, in relation to a claim for exemption, means any proceedings under this Part in relation to that claim for exemption and includes proceedings commenced in the Federal Court and proceedings on any appeal from any decision of that Court.

Appeals

Marginal note:Right of appeal

  • 20 (1) A claimant or any affected party may, within such period as may be prescribed, appeal any decision or order of a screening officer made under section 15, 16 or 17 by filing with the Chief Appeals Officer a statement of appeal setting out the grounds on which the appeal is made and any submissions in respect thereof.

  • Marginal note:Manner of filing appeal and fee payable

    (2) A statement of appeal shall be in such form and shall be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

  • Marginal note:Stay of order

    (3) An appeal instituted pursuant to subsection (1) in relation to an order of a screening officer made under section 16 or 17 shall stay the operation of the order.

Marginal note:Duties of Chief Appeals Officer

21 The Chief Appeals Officer shall, on receipt of a statement of appeal and of payment of the required fee,

  • (a) cause an appeal board to be appointed in accordance with section 43 to hear and determine the appeal; and

  • (b) cause a notice of the appointment of an appeal board to be given to the claimant and to each affected party who made written representations to the screening officer with respect to the matter under appeal.

Marginal note:Convening of appeal board

22 An appeal board shall be convened in the province in which the claimant carries on business or, where the claimant carries on business in more than one province, in the province that, in the opinion of the Chief Appeals Officer, is the most directly concerned with the question under appeal.

Marginal note:Hearing of appeal

  • 23 (1) An appeal board shall hear an appeal

    • (a) in accordance with the prescribed procedures;

    • (b) on the basis of

      • (i) the record of the screening officer whose decision or order is being appealed,

      • (ii) the statement of appeal, and

      • (iii) any submissions made to the appeal board by the claimant or by any affected party; and

    • (c) where appropriate, having regard to the criteria prescribed pursuant to paragraph 48(1)(a).

  • Marginal note:Disposition of appeal

    (2) An appeal board may dispose of an appeal by

    • (a) dismissing the appeal and confirming the decision or order of the screening officer; or

    • (b) allowing the appeal and either varying or rescinding the decision or order being appealed.

  • R.S., 1985, c. 24 (3rd Supp.), s. 23
  • 2001, c. 34, s. 51(F)

Marginal note:Decision in writing

  • 24 (1) An appeal board shall, as soon as is practicable, render a decision in writing on an appeal, including reasons for the decision, and shall

    • (a) cause a copy of the decision to be given to the claimant; and

    • (b) cause a notice of the decision to be given to each affected party who made submissions on the appeal to the appeal board.

  • Marginal note:Notice of decision

    (2) The notice referred to in paragraph (1)(b) shall contain sufficient information to indicate the purport of a decision of an appeal board and the reasons therefor but shall not disclose any information in respect of which a claim for exemption was made.

Marginal note:Effect of confirmation of order on appeal

  • 25 (1) Where under paragraph 23(2)(a) an appeal board confirms a decision or order of a screening officer, the decision or order of the screening officer has the same force and effect as if the decision or order had not been appealed and shall be deemed to have been made on the date of the decision of the appeal board and, where the appeal board confirms an order of a screening officer made under section 16 or 17, any period specified in the order for compliance therewith shall be extended accordingly.

  • Marginal note:Effect of variation of order on appeal

    (2) Where under paragraph 23(2)(b) an appeal board varies a decision or order of a screening officer, the decision or order of the screening officer shall be deemed to have been made as varied and shall be deemed to have been made on the date of the decision of the appeal board.

Marginal note:Order for disclosure

  • 26 (1) An appeal board may order a claimant to disclose in confidence to an affected party named in the order or to each affected party within a class of affected parties designated in the order any information in respect of which a claim for exemption that is the subject-matter of an appeal was made if, in the opinion of the appeal board, for reasons of health and safety in a work place, the information should be disclosed.

  • Marginal note:Compliance with order

    (2) Every claimant to whom an order made under subsection (1) is directed shall comply with the order in the manner and within the period specified in the order.

  • Marginal note:Information privileged

    (3) No affected party to whom information is disclosed in confidence pursuant to an order made under subsection (1) shall disclose that information to any other person or allow any other person to have access to that information.

Marginal note:Notice

  • 27 (1) The Chief Appeals Officer shall cause to be published in the Canada Gazette

    • (a) a notice containing prescribed information on each decision made by an appeal board under section 24; and

    • (b) a notice containing any information that, in the opinion of an appeal board, should have been disclosed on any material safety data sheet or label that was the subject-matter of an appeal to the appeal board.

  • Marginal note:Copies

    (2) The Chief Appeals Officer shall make copies of any notice published in the Canada Gazette under paragraph (1)(a) or (b) available to any person on request in writing.

  • Marginal note:Restriction

    (3) No notice referred to in subsection (1) shall disclose any information in respect of which a claim for exemption has been made.

Commission Established

Marginal note:Commission established

  • 28 (1) There is hereby established a commission, to be known as the Hazardous Materials Information Review Commission, governed by a council consisting of the members referred to in subsection (2) to be appointed by the Governor in Council.

  • Marginal note:Appointment of governors

    (2) The council shall consist of the following members:

    • (a) two governors to represent workers, appointed after consultation by the Minister with such organizations representative of workers as the Minister deems appropriate;

    • (b) one governor to represent suppliers, appointed after consultation by the Minister with such organizations representative of suppliers as the Minister deems appropriate;

    • (c) one governor to represent employers, appointed after consultation by the Minister with such organizations representative of employers as the Minister deems appropriate;

    • (d) one governor to represent the Government of Canada, appointed on the recommendation of the Minister of Labour; and

    • (e) not fewer than four and not more than thirteen governors to represent the governments of the ten provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.

  • Marginal note:Term

    (3) Each governor shall be appointed to hold office during good behaviour for a term not exceeding three years, but may be removed by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (4) A governor is eligible to be re-appointed on the expiration of a first or subsequent term of office.

  • Marginal note:Remuneration and expenses

    (5) A governor shall serve without remuneration and is not entitled to be paid travel or living expenses by the Commission.

  • R.S., 1985, c. 24 (3rd Supp.), s. 28
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 177(E)

Chairman

Marginal note:Appointment of Chairman

  • 29 (1) There shall be a Chairman of the council who shall be designated or elected as provided in this section.

  • Marginal note:First Chairman

    (2) The Governor in Council shall designate one of the governors first to be appointed pursuant to paragraph 28(2)(d) or (e) to be the first Chairman.

  • Marginal note:Subsequent Chairmen

    (3) The council shall, in accordance with the rules, elect each subsequent Chairman from among the governors appointed pursuant to paragraph 28(2)(d) or (e).

  • Marginal note:Term

    (4) The governor who is Chairman shall serve in that capacity for a term of one year.

Marginal note:Duties of Chairman

  • 30 (1) The Chairman shall preside at meetings of the council and shall perform such other duties as are assigned by the council.

  • Marginal note:Acting Chairman

    (2) The council may authorize one of the governors appointed pursuant to paragraph 28(2)(d) or (e) to act as Chairman in the event that the Chairman is absent or unable to act or if the office of Chairman is vacant.

Objects of Council

Marginal note:Objects

31 The objects of the council are, in addition to performing the functions of the council elsewhere specified in this Part,

  • (a) to make recommendations to the Minister on changes to the procedures established under this Part for the review of claims for exemption, including appeal procedures; and

  • (b) to review changes to the fees required to be paid on the filing of a claim for exemption or on the filing of an appeal and to make recommendations to the Minister in relation thereto.

Powers and Functions

Marginal note:Powers and functions

32 The Commission may, in addition to exercising the powers and performing the functions specified in this Part, exercise such powers and perform such functions, not inconsistent with this Part, as may be conferred on or assigned to it by any law of a province relating to occupational health and safety.

Head Office and Meetings

Marginal note:Head office

33 The head office of the Commission shall be at such place in Canada as is designated by order of the Governor in Council.

Marginal note:Meetings

34 The council shall meet at such times and places as the Chairman considers necessary but the council shall meet at least once in each year.

President

Marginal note:Appointment of President

  • 35 (1) There shall be a President of the Commission, who shall be appointed as provided in this section.

  • Marginal note:First President

    (2) The first President shall be appointed by the Governor in Council to hold office during pleasure.

  • Marginal note:Subsequent Presidents

    (3) Each subsequent President shall be appointed by the Governor in Council on the recommendation of the Minister, after consultation by the Minister with the council, to hold office during good behaviour for a term not exceeding five years, but may be removed by the Governor in Council for cause.

  • Marginal note:Where appointee is governor

    (4) Where the person appointed President is a governor, that person ceases to be a governor on assuming the office of President.

  • Marginal note:Re-appointment

    (5) The President is eligible to be re-appointed on the expiration of a first or subsequent term of office.

Marginal note:Duties of President

  • 36 (1) The President is the chief executive officer of the Commission, has supervision over and direction of the work and staff of the Commission and shall perform such duties as are assigned by the council.

  • Marginal note:Full-time

    (2) The President shall devote the whole of his time to the performance of his duties under this Part.

  • Marginal note:Acting President

    (3) The council may authorize an officer of the Commission to act as President in the event that the President is absent or unable to act or if the office of President is vacant, but no person so authorized may act as President for a period exceeding sixty days without the approval of the Governor in Council.

Marginal note:Remuneration

  • 37 (1) The President shall be paid such remuneration for services as the Governor in Council may from time to time determine.

  • Marginal note:Expenses

    (2) The President is entitled, subject to any Treasury Board directive in relation thereto, to be paid travel and living expenses incurred in carrying out any duties under this Part while absent from the President’s ordinary place of residence.

Staff

Marginal note:Staff

38 Such employees as are necessary for the proper conduct of the work of the Commission, including the Chief Appeals Officer, the Chief Screening Officer and the persons referred to in subsections 41(1) and 42(1), shall be appointed in accordance with the Public Service Employment Act.

Superannuation

Marginal note:Governors

  • 39 (1) A governor or member of an appeal board shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the governor or member to be so employed for those purposes.

  • Marginal note:President and employees

    (2) The President and the employees appointed under section 38 are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • R.S., 1985, c. 24 (3rd Supp.), s. 39
  • 2003, c. 22, ss. 171(E), 225(E)

Organization

Marginal note:Divisions

  • 40 (1) The Commission shall include a Screening Division and an Appeals Division.

  • Marginal note:Operation

    (2) Subject to sections 41 and 42, the staff of each division of the Commission shall be organized, and the offices of each division shall be operated, in such manner as may be provided by the rules.

Marginal note:Screening Division

  • 41 (1) The staff of the Screening Division shall consist of the Chief Screening Officer and such screening officers and other employees as may be required.

  • Marginal note:Chief Screening Officer

    (2) The Chief Screening Officer shall, in addition to performing the duties specified in this Part, perform such duties as are assigned by the President.

Marginal note:Appeals Division

  • 42 (1) The staff of the Appeals Division shall consist of the Chief Appeals Officer and such other employees as may be required.

  • Marginal note:Chief Appeals Officer

    (2) The Chief Appeals Officer shall, in addition to performing the duties specified in this Part, perform such duties as are assigned by the President.

Appeal Boards

Marginal note:Appeal boards

  • 43 (1) An appeal board shall, in relation to appeals relating to the provisions of the Hazardous Products Act, consist of three members to be appointed as follows:

    • (a) one member, who shall be chairman of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the lieutenant governor in council of the province in which the appeal board is to be convened;

    • (b) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(i) maintained in respect of that province; and

    • (c) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(ii) maintained in respect of that province.

  • Marginal note:Idem

    (2) An appeal board shall, in relation to an appeal relating to the provisions of the Canada Labour Code, consist of three members to be appointed as follows:

    • (a) one member, who shall be the chairman of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the Minister of Labour;

    • (b) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(b)(i) maintained in respect of the province in which the appeal board is to be convened; and

    • (c) one member appointed by the chairman of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(b)(ii) maintained in respect of that province.

  • Marginal note:Lists of nominees

    (3) The Chief Appeals Officer shall establish and maintain in respect of each province the following lists of nominees for appointment to appeal boards to be convened in that province:

    • (a) in relation to appeals relating to the provisions of the Hazardous Products Act,

      • (i) a list containing the names of persons nominated for appointment by such organizations representative of workers in that province as the council deems appropriate, and

      • (ii) a list containing the names of persons nominated for appointment by such organizations representative of suppliers and such organizations representative of employers in that province as the council deems appropriate; and

    • (b) in relation to appeals relating to the provisions of the Canada Labour Code,

      • (i) a list containing the names of persons nominated for appointment by such organizations representative of employees in that province to whom the Canada Labour Code applies as the council deems appropriate, and

      • (ii) a list containing the names of persons nominated for appointment by such organizations representative of employers in that province to whom the Canada Labour Code applies as the council deems appropriate.

  • Marginal note:Remuneration and expenses

    (4) A member of an appeal board is entitled to be paid such fees or other remuneration for services as the Governor in Council may from time to time determine and is entitled to be paid reasonable travel and living expenses incurred in carrying out any duties under this Part while absent from the member’s ordinary place of residence.

  • Marginal note:Exception

    (5) No screening officer is eligible for appointment to an appeal board.

Marginal note:Powers of appeal boards

44 An appeal board has and may exercise all the powers that are or may be conferred by or under sections 4, 5 and 11 of the Inquiries Act on commissioners appointed under Part I of that Act.

Annual Report

Marginal note:Annual Report

  • 45 (1) The Commission shall, within four months after the termination of each year, submit to the Minister a report on the activities of the Commission during that year.

  • Marginal note:Tabling

    (2) The Minister shall cause a copy of each report submitted to the Minister under subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

  • Marginal note:Copy to be sent to each province

    (3) The Minister shall send a copy of each report submitted to the Minister under subsection (1) to the lieutenant governor of each province forthwith after a copy thereof is first laid before a House of Parliament under subsection (2).

Confidentiality of Information

Marginal note:Information privileged

  • 46 (1) Subject to this section and the other provisions of this Part and any regulations made under this Part, all information obtained by the Commission or an appeal board from a supplier or employer for the purposes of this Part is privileged and, notwithstanding the Access to Information Act or any other Act or law, no official of the Commission or member of an appeal board shall knowingly, without the consent in writing of the person by whom the information was provided,

    • (a) communicate or allow to be communicated to any person any such information, or

    • (b) allow any person to inspect or to have access to any book, record, writing or other document containing any such information,

    except for the purposes of the administration or enforcement of this Part.

  • Marginal note:Exceptions

    (2) An official of the Commission may communicate or allow to be communicated information obtained by the Commission or an appeal board from a supplier or employer for the purposes of this Part, or allow inspection of or access to any book, record, writing or other document containing any such information, to or by

    • (a) any official of the Department of Health

      • (i) for the purposes of the administration or enforcement of Part II of the Hazardous Products Act, and

      • (ii) for the purpose mentioned in subsection 13(2);

    • (b) [Repealed, 1996, c. 8, s. 24]

    • (c) any official of the Department of Human Resources Development, or any appeals officer, health and safety officer or regional health and safety officer within the meaning of subsection 122(1) of the Canada Labour Code, for the purposes of the administration or enforcement of Part II of that Act;

    • (d) any official of the Department of Transport, for the purpose of making the information available in cases of medical emergency through the Canadian Transport Emergency Centre (CANUTEC) of the Department of Transport; and

    • (e) any official of the government of a province, for the purposes of the administration or enforcement of any law of the province relating to occupational safety and health where under the law of that province similar provisions exist to protect the confidentiality of the information obtained as a result of such communication, inspection or access.

  • Marginal note:Other exceptions

    (3) The Commission may communicate or disclose or cause to be communicated or disclosed any information obtained by the Commission or an appeal board from a supplier or employer for the purposes of this Part to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

  • Marginal note:Conditions

    (4) No person who obtains any information pursuant to subsection (2) or (3) shall knowingly disclose that information to any other person or knowingly allow any other person to have access to that information, except as may be necessary for the purposes mentioned in that subsection.

  • Marginal note:Definition of “official”

    (5) In this section, official means any person employed in or occupying a position of responsibility in the service of Her Majesty, or any person formerly so employed or formerly occupying such a position.

  • R.S., 1985, c. 24 (3rd Supp.), s. 46
  • 1992, c. 1, s. 145(F)
  • 1996, c. 8, s. 24, c. 11, s. 60
  • 2000, c. 20, s. 26

Rules

Marginal note:Rules

47 The council may make rules

  • (a) for the election of the Chairman;

  • (b) for regulating the practice and procedure of the council; and

  • (c) for carrying out the work of the Commission, the management of its internal affairs and the duties of its officers and employees.

Regulations

Marginal note:Regulations

  • 48 (1) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate, make regulations

    • (a) prescribing the criteria to be applied for the purpose of determining whether a claim for exemption is valid;

    • (b) prescribing the procedure to be followed by a screening officer in reviewing a claim for exemption;

    • (c) prescribing the procedure to be followed by an appeal board in the hearing of an appeal;

    • (d) defining the expression “affected party” for the purposes of this Part or of any provision thereof;

    • (e) prescribing any other matter or thing, other than a fee or the manner of calculating a fee, that by this Part is to be or may be prescribed; and

    • (f) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Regulations prescribing fees

    (2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the council, make regulations prescribing fees or the manner of calculating fees to be paid under this Part.

Offence and Punishment

Marginal note:Offence

  • 49 (1) Every person who contravenes or fails to comply with any provision of this Part or any regulation or order made under this Part

    • (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or

    • (b) is guilty of an indictable offence and liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both.

  • Marginal note:Officers, etc., of corporations

    (2) Where a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Limitation period

    (3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

Liability

Marginal note:No action lies against Her Majesty

50 No action for damages lies against Her Majesty for anything done or omitted to be done in good faith by a governor, by an officer or employee of the Commission or by a member of an appeal board in the exercise or performance of any duties or functions under this Part.

Marginal note:No personal liability

51 No governor, officer or employee of the Commission, or member of an appeal board, is personally liable for anything done or omitted to be done in good faith in the exercise or performance of any duties or functions under this Part.

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