Hazardous Materials Information Review Act

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 in respect of the decision, order or undertaking being appealed,

    • (ii) the statement of appeal,

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

    • (iv) any clarifications made by the Commission, in accordance with the regulations, in respect of the record referred to in subparagraph (i); and

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

• Marginal note:Disposition of an appeal of a decision or order

  (2) An appeal board may dispose of an appeal of a decision or an order 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.

• Marginal note:Disposition of appeal of an undertaking

  (3) An appeal board may dispose of an appeal of an undertaking by

  • (a) dismissing the appeal; or

  • (b) allowing the appeal and making any order that the appeal board considers appropriate.

• Marginal note:No retrospective effect

  (4) No order made under paragraph (3)(b) shall have retrospective effect.

• Marginal note:Compliance with order

  (5) A claimant to whom an order under paragraph (3)(b) is directed shall comply with the order in the manner and within the period specified in the order.