Hazardous Materials Information Review Act

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:Idem

  (2.1) An appeal board shall, in relation to an appeal relating to the provisions of the Accord Act, consist of three members to be appointed as follows:

  • (a) one member, who shall be the chairperson 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 chairperson of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(i) or (b)(i) maintained in respect of the province in which the appeal board is to be convened; and

  • (c) one member appointed by the chairperson of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(ii) or (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 any organizations representative of workers in that province that the Minister considers appropriate, and

    • (ii) a list containing the names of persons nominated for appointment by any organizations representative of suppliers and any organizations representative of employers in that province that the Minister considers 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 any organizations representative of employees in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate, and

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

• Marginal note:Council consulted

  (3.1) The Minister shall consult the council in identifying the organizations that the Minister considers appropriate for the purposes of paragraph (3)(a).

• 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 Act 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.