GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Hazardous Materials Information Review Act — H-2.7 19
Interim exemption period 19 (1) If a claim for exemption is filed in accordance with section 11, the claimant is, subject to section 21, exempt from the requirement in respect of which the exemption is claimed for the period that begins on the day on which the Minister registers the claim and ends on the day on which all judicial reviews and appeals are exhausted. Three-year exemption period (2) If a claim for exemption, or a portion of it, is valid after all judicial reviews and appeals are exhausted, then the claimant is, subject to section 22, exempt from the requirement in respect of which the claim, or portion of it, is valid for a period of three years that begins on the day after the day on which all judicial reviews and appeals are exhausted. R.S., 1985, c. 24 (3rd Supp.), s. 19; 2012, c. 31, s. 282 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 20
Conflict 20 If there is a conflict between subsection 19(1) or (2) and a provision of an order made under section 14 or 18, the provision of the order prevails to the extent of the conflict. R.S., 1985, c. 24 (3rd Supp.), s. 20; 2007, c. 7, s. 6; 2012, c. 31, s. 283(F) 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 21
Exemption — subsection 19(1) 21 The Minister may suspend or cancel an exemption referred to in subsection 19(1) if (a) the Minister determines that the claim for exemption, or any portion of it, is not valid; (b) the Minister determines that a safety data sheet or label that accompanies the claim for exemption, or any portion of the safety data sheet or label, does not comply with provisions of the Hazardous Products Act , provisions of the Canada Labour Code or provisions of the Accord Act; (c) the person who is exempted contravenes subsection 12(2) or 16(2); (d) the person who is exempted contravenes provisions of the Hazardous Products Act , provisions of the Canada Labour Code or provisions of the Accord Act; (e) the person who is exempted contravenes an order made under section 14 or 18; or (f) prescribed circumstances apply. R.S., 1985, c. 24 (3rd Supp.), s. 21; 2012, c. 31, s. 283(F) 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 22
Exemption — subsection 19(2) 22 The Minister may suspend or cancel an exemption referred to in subsection 19(2) if (a) the Minister has reasonable grounds to believe that the claim for exemption that resulted in the exemption included false or misleading information; (b) the exempted person contravenes provisions of the Hazardous Products Act , provisions of the Canada Labour Code or provisions of the Accord Act; (c) the exempted person contravenes an order made under section 14 or 18; or (d) prescribed circumstances apply. R.S., 1985, c. 24 (3rd Supp.), s. 22; 2012, c. 31, s. 283(F) 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 23
Notice 23 (1) A suspension or cancellation of an exemption takes effect on the day on which the Minister notifies the exempted person in writing of the suspension or cancellation and of the reasons for it. Opportunity to be heard (2) The person may, within 10 days after the day on which they are notified of the suspension or cancellation, provide the Minister with reasons why they believe the suspension or cancellation is unfounded. R.S., 1985, c. 24 (3rd Supp.), s. 23; 2001, c. 34, s. 51(F); 2007, c. 7, s. 7; 2012, c. 31, s. 271 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 24
Suspended exemption 24 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a suspended exemption if the reasons for the suspension no longer exist or the person demonstrates to the Minister that the suspension was unfounded. R.S., 1985, c. 24 (3rd Supp.), s. 24; 2012, c. 31, s. 272; 2014, c. 20, s. 155(F) 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 25
Cancelled exemption 25 The Minister must, by notice to the person referred to in subsection 23(2), reinstate a cancelled exemption if the person demonstrates to the Minister that the cancellation was unfounded. R.S., 1985, c. 24 (3rd Supp.), s. 25 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 26
Definition of government 26 In sections 28 and 31, government means any of the following or their institutions: (a) the federal government; (b) a corporation named in Schedule III to the Financial Administration Act ; (c) a provincial government or a public body established under a law of that province; or (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act . R.S., 1985, c. 24 (3rd Supp.), s. 26; 2014, c. 20, s. 156(F) 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 27
Disclosure to address serious and imminent danger 27 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if the disclosure is necessary to address serious and imminent danger to human health or safety or to the environment. R.S., 1985, c. 24 (3rd Supp.), s. 27; 2012, c. 31, s. 283(F); 2014, c. 20, s. 157 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 28
Disclosure to government or for advice 28 (1) The Minister may, without the consent of the person to whose business or affairs the information relates, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information if (a) the purpose of the disclosure is related to the protection of human health or safety or the environment from a significant risk; (b) the disclosure is made to a government or a person from whom the Minister seeks advice; and (c) the government or person agrees in writing to maintain the confidentiality of the disclosed information and to use it only for the purpose referred to in paragraph (a). Notice (2) The Minister must, before disclosing information under subsection (1), notify the person to whose business or affairs the information relates. R.S., 1985, c. 24 (3rd Supp.), s. 28; 1993, c. 28, s. 78; 2002, c. 7, s. 177(E); 2012, c. 31, s. 274 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 29
Disclosure to physician or medical professional 29 The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person in advance, disclose any information referred to in subsection 11(1) or (2) that is obtained under this Act and is confidential business information 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. R.S., 1985, c. 24 (3rd Supp.), s. 29; 2012, c. 31, s. 275 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 30
Notice 30 (1) If the Minister discloses information under section 27 or 29, the Minister must notify the person to whose business or affairs the information relates no later than the next business day after the day on which disclosure is made. Definition of business day (2) In this section, business day means a day other than a Saturday or a holiday. R.S., 1985, c. 24 (3rd Supp.), s. 30; 2012, c. 31, s. 275 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 31
Subsequent disclosure 31 A person or government must not knowingly disclose information that was disclosed to them under section 27, 28 or 29 to any other person or government, except for the purpose for which it was disclosed to them. R.S., 1985, c. 24 (3rd Supp.), s. 31; 2012, c. 31, s. 275 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 32
Remission of fees 32 (1) The Minister may, by order, remit all or part of any fee prescribed under subsection 48(2). Remission may be conditional (2) A remission may be conditional. R.S., 1985, c. 24 (3rd Supp.), s. 32; 2012, c. 31, s. 275 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 33
Conditional remission 33 If a remission granted under subsection 32(1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted. R.S., 1985, c. 24 (3rd Supp.), s. 33; 2012, c. 31, s. 275 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 34
Additional powers, duties and functions 34 The Minister may, in addition to exercising the powers and performing the duties and functions specified in this Act, (a) exercise the powers and perform the duties and functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and (b) exercise the powers and perform the duties and functions that are conferred on or assigned to the Minister, in relation to the review of claims for exemption, by any law of a province relating to occupational health and safety. R.S., 1985, c. 24 (3rd Supp.), s. 34; 2012, c. 31, s. 275 2019, c. 29, s. 201
Hazardous Materials Information Review Act — H-2.7 48
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) [Repealed, 2019, c. 29, s. 202] (b.1) [Repealed, 2019, c. 29, s. 202] (b.2) [Repealed, 2019, c. 29, s. 202] (c) [Repealed, 2019, c. 29, s. 202] (d) [Repealed, 2019, c. 29, s. 202] (e) prescribing any other matter or thing, other than a fee or the manner of calculating a fee, that by this Act is to be or may be prescribed; and (f) generally for carrying out the purposes and provisions of this Act. Regulations prescribing fees (2) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing fees or the manner of calculating fees to be paid under this Act and respecting the rounding of those fees. R.S., 1985, c. 24 (3rd Supp.), s. 48; 2007, c. 7, s. 8; 2012, c. 31, ss. 280, 282 2019, c. 29, s. 202
Hazardous Materials Information Review Act — H-2.7 48.1
Statutory Instruments Act 48.1 The Statutory Instruments Act does not apply to an order made under section 14 or 18. 2019, c. 29, s. 203
Hazardous Materials Information Review Act — H-2.7 49
Offence 49 (1) Every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act (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. 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. 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 two years after the time when the subject-matter of the proceedings arose. R.S., 1985, c. 24 (3rd Supp.), s. 49; 2012, c. 31, s. 282 2019, c. 29, s. 204
Hazardous Materials Information Review Act — H-2.7 285
Order 285 (1) Before section 275 comes into force, the Governor in Council may, by order made on the recommendation of the Treasury Board, declare that any person appointed under section 38 of the Hazardous Materials Information Review Act or any class of those persons shall, on the coming into force of the order, occupy their positions in the Department of Health. Transfer (2) Any person appointed under section 38 of the Hazardous Materials Information Review Act who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act and who is not the subject of an order made under subsection (1) is, for the purpose of any workforce adjustment measure taken with respect to the person, transferred to the Department of Health on the day on which section 275 comes into force.
Hazardous Materials Information Review Act — H-2.7 286
Definitions 286 The following definitions apply for the purposes of 287 to 289 . Commission means the Hazardous Materials Information Review Commission established by subsection 28(1) of the Hazardous Materials Information Review Act . ( Conseil ) Minister means the Minister of Health. ( ministre )
Hazardous Materials Information Review Act — H-2.7
Commission means the Hazardous Materials Information Review Commission established by subsection 28(1) of the Hazardous Materials Information Review Act . ( Conseil )
Hazardous Materials Information Review Act — H-2.7
Minister means the Minister of Health. ( ministre )
Hazardous Materials Information Review Act — H-2.7 287
Transfer of appropriations 287 Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the Commission that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Health.
Hazardous Materials Information Review Act — H-2.7 288
Transfer of powers, duties and functions 288 If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Commission or its President in relation to any matter to which the powers, duties and functions of the Minister extend by virtue of the Hazardous Materials Information Review Act , that power, duty or function is vested in or may be exercised or performed by the Minister, unless the Governor in Council by order designates another Minister to exercise that power or perform that duty or function.
Hazardous Materials Information Review Act — H-2.7 289
Rights and obligations transferred 289 All rights and property held by or in the name of or in trust for the Commission and all obligations and liabilities of the Commission are deemed to be rights, property, obligations and liabilities of Her Majesty in right of Canada.
Hazardous Materials Information Review Act — H-2.7 159
Subsection 19(1) of Hazardous Materials Information Review Act 159 (1) For greater certainty, if a person who filed a claim for exemption under section 11 of the Hazardous Materials Information Review Act is, on the day on which section 147 comes into force, exempt under subsection 19(1) of that Act from a requirement in respect of which the exemption is claimed, the person continues to be so exempt after that day until the final disposition of the proceedings in relation to that claim. Subsection 19(2) of Hazardous Materials Information Review Act (2) For greater certainty, if a person who filed a claim for exemption under section 11 of the Hazardous Materials Information Review Act is, on the day on which section 147 comes into force, exempt under subsection 19(2) of that Act from a requirement in respect of which the claim or portion of a claim is determined to be valid, the person continues to be so exempt after that day for the remainder of the period referred to in that subsection 19(2).
Hazardous Materials Information Review Act — H-2.7 206
Definitions 206 The following definitions apply in sections 207 to 210 . affected party has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198 (1) of this Act comes into force. ( partie touchée ) Chief Screening Officer has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198 (1) of this Act comes into force. ( agent de contrôle en chef ) commencement day means the day on which section 201 comes into force. ( date de référence )
Hazardous Materials Information Review Act — H-2.7
affected party has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198 (1) of this Act comes into force. ( partie touchée )
Hazardous Materials Information Review Act — H-2.7
Chief Screening Officer has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198 (1) of this Act comes into force. ( agent de contrôle en chef )
Hazardous Materials Information Review Act — H-2.7
commencement day means the day on which section 201 comes into force. ( date de référence )
Hazardous Materials Information Review Act — H-2.7 207
Pending claims for exemption 207 A claim for exemption under the Hazardous Materials Information Review Act that, immediately before the commencement day, was pending before the Chief Screening Officer or before a screening officer assigned under paragraph 12(1)(b) of that Act, as that paragraph read immediately before the commencement day, to review the claim and the safety data sheet or label to which it relates is to be taken up before the Minister of Health and continued in accordance with that Act as it reads on that day.
Hazardous Materials Information Review Act — H-2.7 208
Appeals 208 An appeal that was filed, before the commencement day, in accordance with section 20 of the Hazardous Materials Information Review Act , as that section read immediately before the commencement day, is continued in accordance with sections 20 to 27 and 43 and 44 of that Act as those sections read immediately before that day.
Hazardous Materials Information Review Act — H-2.7 209
Liability 209 Section 50 of the Hazardous Materials Information Review Act , as that section read immediately before the day on which section 205 of this Act comes into force, continues to apply to members of an appeal board who are exercising their powers or performing their duties or functions in relation to an appeal that is continued under section 208 of this Act.
Hazardous Materials Information Review Act — H-2.7 210
Representations 210 If, before the commencement day, a notice was published in the Canada Gazette in accordance with paragraph 12(1)(a) of the Hazardous Materials Information Review Act , as that paragraph read immediately before that day, and section 201 of this Act comes into force before the end of the period specified in the notice, an affected party that wishes to make written representations with respect to the claim for exemption in question and the safety data sheet or label to which it relates may, within the period specified in the notice but on or after the commencement day, make those representations to the Minister of Health.
An Act to amend the Hazardous Products Act and the Canada Labour Code, to enact the Hazardous Materials Information Review Act and to amend other Acts in relation thereto — H-2.71 9 to 51
9 to 51 [See Hazardous Materials Information Review Act ]
An Act to amend the Hazardous Products Act and the Canada Labour Code, to enact the Hazardous Materials Information Review Act and to amend other Acts in relation thereto — H-2.71 54
Restriction 54 (1) Notwithstanding anything in this Act but subject to subsection (3), no person who, on the day on which subsection 11(1) or (2) of the Hazardous Materials Information Review Act , as enacted by this Act, comes into force, would but for this section be entitled to file a claim for exemption under that subsection in relation to a controlled product is entitled to file a claim for exemption in relation to that controlled product under that subsection unless, during the period beginning on the first day of the second month after the coming into force of this section and ending on the last day of the sixth month after the coming into force of this section, that person has, in accordance with this section, filed a notice of intent to file a claim for exemption in relation to that controlled product with the Minister. Form and content of notice and accompanying fee (2) A notice of intent referred to in subsection (1) shall be in such form and contain such information as the Minister may, by order, determine and shall be accompanied by a fee of five hundred dollars. Exception (3) The Minister may, by order, on the application of any person and on payment of a fee of five hundred dollars, exempt a controlled product specified in the order from the application of subsection (1) where the Minister is satisfied that reasonable grounds exist to allow the exemption. Fee still payable (4) The payment of a fee under subsection (2) or (3) does not relieve a person of the obligation to pay any fee required to be paid on the filing of a claim for exemption under section 11 of the Hazardous Materials Information Review Act , as enacted by this Act. Definitions (5) In this section, controlled product has the same meaning as in the Hazardous Products Act , as amended by this Act; ( produit contrôlé ) Minister means the Minister of Consumer and Corporate Affairs. ( ministre ) R.S., 1985, c. 24 (3rd Supp.), s. 54; 1992, c. 1, s. 145(F)
An Act to amend the Hazardous Products Act and the Canada Labour Code, to enact the Hazardous Materials Information Review Act and to amend other Acts in relation thereto — H-2.71
controlled product has the same meaning as in the Hazardous Products Act , as amended by this Act; ( produit contrôlé )
An Act to amend the Hazardous Products Act and the Canada Labour Code, to enact the Hazardous Materials Information Review Act and to amend other Acts in relation thereto — H-2.71
Minister means the Minister of Consumer and Corporate Affairs. ( ministre )
An Act to amend the Hazardous Products Act and the Canada Labour Code, to enact the Hazardous Materials Information Review Act and to amend other Acts in relation thereto — H-2.71 55
Termination 55 Section 54 or any provision thereof shall cease to have effect on a day or days to be fixed by proclamation.
An Act to amend the Hazardous Products Act and the Canada Labour Code, to enact the Hazardous Materials Information Review Act and to amend other Acts in relation thereto — H-2.71 57
Review by Parliament 57 On the expiration of two years after the coming into force of section 12 of the Hazardous Products Act , as enacted by this Act, that section shall stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose and the committee shall, as soon as practicable thereafter, undertake a comprehensive review of the exemptions provided by that section and shall, within one year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report thereon to Parliament including any recommendations pertaining to the continuation of any of those exemptions.