S-40
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
SENATE OF CANADA
BILL S-40
An Act to amend the Hazardous Materials Information Review Act
AS PASSED
BY THE SENATEOCTOBER 20, 2005
90331
SUMMARY
This enactment amends the Hazardous Materials Information Review Act to
(a) allow a claimant to make a declaration that information in respect of which an exemption is claimed is confidential business information and that information substantiating the claim is available and will be provided on request;
(b) allow a claimant to give an undertaking to the Hazardous Materials Information Review Commission to bring a material safety data sheet or a label into compliance with the provisions of the Hazardous Products Act or of the Canada Labour Code; and
(c) allow the limited participation of the Hazardous Materials Information Review Commission before an appeal board.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
senate of canada
BILL S-40
An Act to amend the Hazardous Materials Information Review Act
R.S., c. 24 (3rd Supp.), Part III
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 11(4) of the Hazardous Materials Information Review Act is replaced by the following:
Contents of claim
(4) A claim for exemption shall be accompanied by the material safety data sheet or label to which the claim relates and shall contain
(a) the information in respect of which the exemption is claimed;
(b) a declaration stating that the claimant believes that the information in respect of which the exemption is claimed is confidential business information that meets the criteria prescribed under paragraph 48(1)(a) and that information substantiating the claim — as specified in the regulations — is in the possession of, or is available to, the claimant and will be provided on request;
(c) a summary of the information substantiating the claim; and
(d) any other prescribed information.
2. Section 13 of the Act is amended by adding the following after subsection (1):
Substantiating information
(1.1) The screening officer may, for the purpose of determining the matter referred to in paragraph (1)(a), ask the claimant to provide the information substantiating the claim for exemption in the following circumstances:
(a) an affected party has made written representations with respect to the claim;
(b) the information contained in the summary referred to in paragraph 11(4)(c) is to be verified; or
(c) any other prescribed circumstances.
3. The Act is amended by adding the following after section 16:
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 or the provisions of the Canada Labour Code, 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.
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.
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.
Deemed compliance
(4) A claimant to whom the notice is sent is, for the purposes of the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, deemed to have complied with those provisions.
4. Subsection 17(1) of the Act is replaced by the following:
Order re material safety data sheet
17. (1) If the screening officer does not receive the signed undertaking, or is not satisfied 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 order the claimant to comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, 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.
5. Subsections 18(1) and (2) of the Act are replaced by the following:
Notice
18. (1) The Chief Screening Officer shall cause to be published in the Canada Gazette
(a) in respect of each decision made under section 15 and each order made under section 16 or 17
(i) a notice containing prescribed information, and
(ii) 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; and
(b) in respect of each undertaking for which a notice has been sent under subsection 16.1(3)
(i) a notice containing prescribed information, and
(ii) a notice containing any information that has been disclosed on any material safety data sheet or label in compliance with the undertaking.
Copies
(2) The Chief Screening Officer shall make copies of any notice published in the Canada Gazette under subsection (1) available to any person on request in writing.
6. Subsection 20(1) of the Act is replaced by the following:
Right of appeal
20. (1) A claimant or an affected party may appeal any decision or order made under section 15, 16 or 17, and an affected party may also appeal any undertaking in respect of which a notice has been published in the Canada Gazette.
Procedure on appeal
(1.1) An appeal shall be brought by filing with the Chief Appeals Officer, within the prescribed period, a statement of appeal setting out the grounds on which the appeal is made and any submissions in support of the appeal.
2001, c. 34, s. 51(F)
7. (1) Subparagraph 23(1)(b)(i) of the Act is replaced by the following:
(i) the record of the screening officer in respect of the decision, order or undertaking being appealed,
(2) Paragraph 23(1)(b) of the Act is amended by striking out the word “and” at the end of subparagraph (ii) and by adding the following after subparagraph (iii):
(iv) any clarifications made by the Commission, in accordance with the regulations, in respect of the record referred to in subparagraph (i); and
(3) The portion of subsection 23(2) of the Act before paragraph (a) is replaced by the following:
Disposition of appeal of a decision or an order
(2) An appeal board may dispose of an appeal of a decision or an order by
(4) Section 23 of the Act is amended by adding the following after subsection (2):
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.
No retrospective effect
(4) No order made under paragraph (3)(b) shall have retrospective effect.
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.
8. Subsection 48(1) of the Act is amended by adding the following after paragraph (b):
(b.1) specifying the information that is required for the purpose of substantiating a claim for an exemption;
(b.2) respecting the participation of the Commission in an appeal heard before an appeal board;
Coming into force
9. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada