Hazardous Materials Information Review Act

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, the provisions of the Canada Labour Code or the provisions of the Accord Act, 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, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, deemed to have complied with those provisions.