Hazardous Materials Information Review Act (R.S.C., 1985, c. 24 (3rd Supp.), Part III)

Short Title

Marginal note:Short title

9 This Act may be cited as the Hazardous Materials Information Review Act.

Interpretation

Marginal note:Definitions

• 10 (1) The following definitions apply in this Act.

  affected party

  affected party[Repealed, 2019, c. 29, s. 198]

  CAS registry number

  CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society; (numéro d’enregistrement CAS)

  chemical name

  chemical name means a scientific designation of a material or substance that is made in accordance with the rules of nomenclature of either the Chemical Abstracts Service, a division of the American Chemical Society, or the International Union of Pure and Applied Chemistry, or a scientific designation of a material or substance that is internationally recognized and that clearly identifies the material or substance; (dénomination chimique)

  Chief Appeals Officer

  Chief Appeals Officer[Repealed, 2019, c. 29, s. 198]

  Chief Screening Officer

  Chief Screening Officer[Repealed, 2019, c. 29, s. 198]

  Commission

  Commission[Repealed, 2012, c. 31, s. 269]

  confidential business information

  confidential business information in respect of a person to whose business or affairs the information relates, means business information

  • (a) that is not publicly available;

  • (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and

  • (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors; (renseignements commerciaux confidentiels)

  controlled product

  controlled product[Repealed, 2014, c. 20, s. 146]

  employer

  employer has the same meaning as in Part II of the Canada Labour Code; (employeur)

  hazardous product

  hazardous product has the same meaning as in section 2 of the Hazardous Products Act; (produit dangereux)

  label

  label means a document that contains a label, as defined in section 2 of the Hazardous Products Act, that meets the requirements set out in the regulations made under subsection 15(1) of that Act; (étiquette)

  material safety data sheet

  material safety data sheet[Repealed, 2014, c. 20, s. 146]

  Minister

  Minister means the Minister of Health; (ministre)

  mixture

  mixture has the same meaning as in section 2 of the Hazardous Products Act; (mélange)

  prescribed

  prescribed means prescribed by regulation; (Version anglaise seulement)

  President

  President[Repealed, 2012, c. 31, s. 269]

  regulation

  regulation means a regulation made pursuant to section 48; (règlement)

  rule

  rule[Repealed, 2012, c. 31, s. 269]

  safety data sheet

  safety data sheet has the same meaning as in section 2 of the Hazardous Products Act; (fiche de données de sécurité)

  screening officer

  screening officer[Repealed, 2012, c. 31, s. 269]

  substance

  substance has the same meaning as in section 2 of the Hazardous Products Act; (substance)

  supplier

  supplier has the same meaning as in the Hazardous Products Act. (fournisseur)

• Marginal note:Definition of provisions of the Hazardous Products Act

  (2) In this Act, provisions of the Hazardous Products Act means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of any regulation made pursuant to paragraph 15(1)(j) of that Act.

• Marginal note:Definition of provisions of the Canada Labour Code

  (3) In this Act, provisions of the Canada Labour Code means the provisions of Part II of that Act or the regulations made under that Part but does not include the provisions of section 125.2 of that Act or any regulation made pursuant to section 157 of that Act for the purposes of section 125.2 of that Act.

• Marginal note:Definition of provisions of the Accord Act

  (4) In this Act, provisions of the Accord Act means

  • (a) the provisions of Part III.1 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the regulations made under that Part, other than the provisions of section 205.023 of that Act or of any regulation made under section 205.124 of that Act for the purposes of section 205.023 of that Act; or

  • (b) the provisions of Part III.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the regulations made under that Part, other than the provisions of section 210.023 of that Act or of any regulation made under section 210.126 of that Act for the purposes of section 210.023 of that Act.

Filing of Claim for Exemption

Marginal note:Claim for exemption by supplier

• 11 (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Minister a claim for exemption in accordance with this section:

  • (a) in the case of a material or substance that is a hazardous product,

    • (i) the chemical name of the material or substance,

    • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

    • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

  • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

    • (i) the chemical name of the ingredient,

    • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

    • (iii) the concentration or concentration range of the ingredient; and

  • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture.

• Marginal note:Claim for exemption by employer

  (2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose it by filing with the Minister a claim for exemption in accordance with this section:

  • (a) in the case of a material or substance that is a hazardous product,

    • (i) the chemical name of the material or substance,

    • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

    • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

  • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

    • (i) the chemical name of the ingredient,

    • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

    • (iii) the concentration or concentration range of the ingredient;

  • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

  • (d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;

  • (e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and

  • (f) information that could be used to identify a supplier of a hazardous product.

• Marginal note:Manner of filing claim and fee payable

  (3) A claim for exemption must be in the prescribed form, be filed in the prescribed manner and be accompanied by the prescribed fee or a fee calculated in the prescribed manner.

• Marginal note:Contents of claim

  (4) A claim for exemption must be accompanied by the safety data sheet or label to which the claim relates and must 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.

• Marginal note:Restriction

  (5) If a supplier or an employer files a claim for exemption in accordance with this section and, after all judicial reviews and appeals are exhausted, the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid.

Review of Claim for Exemption

Marginal note:Review by Minister

• 12 (1) The Minister must review each claim for exemption that is filed in accordance with section 11 in order to determine, as soon as feasible and in accordance with the prescribed criteria, whether the claim, or a portion of it, is valid.

• Marginal note:Additional information

  (2) If the Minister requests additional information that the Minister considers necessary for the purposes of subsection (1), the claimant must provide it to the Minister in the manner and within the period specified by the Minister.

Marginal note:Determination

13 The Minister must, as soon as feasible after making a determination referred to in subsection 12(1), notify the claimant in writing of the determination and the reasons for it.

Marginal note:Order

• 14 (1) If the Minister determines that a claim for exemption, or a portion of it, is not valid, then the Minister may order the claimant

  • (a) to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act in respect of which the claim or portion of the claim for exemption was determined not to be valid; or

  • (b) to remove information specified in the order from a safety data sheet or label that accompanies the claim for exemption.

• Marginal note:Compliance

  (2) The claimant must comply with the order.

• Marginal note:Effect of compliance

  (3) If the claimant complies with the order, they are deemed to have complied, starting on the day on which the order is made, with the relevant provisions of the Hazardous Products Act, the relevant provisions of the Canada Labour Code or the relevant provisions of the Accord Act.