Hazardous Materials Information Review Act

Hazardous Materials Information Review Act Short title This Act may be cited as the Hazardous Materials Information Review Act. Definitions The following definitions apply in this Act. affected party[Repealed, 2019, c. 29, s. 198] CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American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 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recognized and that clearly identifies the material or substance; (dénomination chimique) Chief Appeals Officer[Repealed, 2019, c. 29, s. 198] Chief Screening Officer[Repealed, 2019, c. 29, s. 198] Commission[Repealed, 2012, c. 31, s. 269] confidential business information in respect of a person to whose business or affairs the information relates, means business information that is not publicly available; in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and 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person or a material financial gain to their competitors; (renseignements commerciaux confidentiels) controlled product[Repealed, 2014, c. 20, s. 146] employer has the same meaning as in Part II of the Canada Labour Code; (employeur) hazardous product has the same meaning as in section 2 of the Hazardous Products Act; (produit dangereux) 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requirements set out in the regulations made under subsection 15(1) of that Act; (étiquette) material safety data sheet[Repealed, 2014, c. 20, s. 146] Minister means the Minister of Health; (ministre) mixture has the same meaning as in section 2 of the Hazardous Products Act; (mélange) prescribed means prescribed by regulation; (Version anglaise seulement) President[Repealed, 2012, c. 31, s. 269] regulation means a regulation made pursuant to section 48; (règlement) rule[Repealed, 2012, c. 31, s. 269] safety data sheet has the same meaning as in section 2 of the Hazardous Products Act; (fiche de données de sécurité) screening officer[Repealed, 2012, c. 31, s. 269] substance has the same meaning as in section 2 of the Hazardous Products Act; (substance) supplier has the same meaning as in the Hazardous Products Act. (fournisseur) Definition of provisions of the Hazardous Products Act 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. Definition of provisions of the Canada Labour Code 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. Definition of provisions of the Accord Act In this Act, provisions of the Accord Act means the provisions of Part III.1 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management 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 the provisions of Part III.1 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management 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. Claim for exemption by supplier 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: in the case of a material or substance that is a hazardous product, the chemical name of the material or substance, the CAS registry number, or any other unique identifier, of the material or substance, and 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; in the case of an ingredient that is in a mixture that is a hazardous product, the chemical name of the ingredient, the CAS registry number, or any other unique identifier, of the ingredient, and the concentration or concentration range of the ingredient; and 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. Claim for exemption by employer 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: the concentration or concentration range of the ingredient; 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; the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name; information about a hazardous product, other than the product identifier, that constitutes a means of identification; and information that could be used to identify a supplier of a hazardous product. Manner of filing claim and fee payable 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. Contents of claim A claim for exemption must be accompanied by the safety data sheet or label to which the claim relates and must contain the information in respect of which the exemption is claimed; 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; a summary of the information substantiating the claim; and any other prescribed information. Restriction 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 by Minister 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. Additional information 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. Determination 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. Order If the Minister determines that a claim for exemption, or a portion of it, is not valid, then the Minister may order the claimant 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 to remove information specified in the order from a safety data sheet or label that accompanies the claim for exemption. Compliance The claimant must comply with the order. Effect of compliance 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. Effect of failure to provide information For the purposes of subsections 16(1) and 18(1) and paragraph 21(b), a failure to provide information on a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11 does not constitute a failure to comply with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act if the information that is not provided is the information in respect of which the claim is filed. The Minister may review a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, or any portion of the safety data sheet or label, in order to determine whether the safety data sheet or label, or the portion of it, complies with provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act. [Repealed, 2019, c. 29, s. 201] The Minister must, as soon as feasible after making a determination referred to in subsection 16(1), notify the claimant in writing of the determination and the reasons for it. If the Minister determines that a safety data sheet or label that accompanies a claim for exemption filed in accordance with section 11, 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, then the Minister may order the claimant to comply, in the manner and within the period specified in the order, 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; or to remove information specified in the order from the safety data sheet or label. Interim exemption period 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 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. Conflict 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. Exemption — subsection 19(1) The Minister may suspend or cancel an exemption referred to in subsection 19(1) if the Minister determines that the claim for exemption, or any portion of it, is not valid; 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; the person who is exempted contravenes subsection 12(2) or 16(2); the person who is exempted contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; the person who is exempted contravenes an order made under section 14 or 18; or prescribed circumstances apply. Exemption — subsection 19(2) The Minister may suspend or cancel an exemption referred to in subsection 19(2) if the Minister has reasonable grounds to believe that the claim for exemption that resulted in the exemption included false or misleading information; the exempted person contravenes provisions of the Hazardous Products Act, provisions of the Canada Labour Code or provisions of the Accord Act; the exempted person contravenes an order made under section 14 or 18; or Notice 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 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. Suspended exemption 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. Cancelled exemption 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. Definition of government In sections 28 and 31, government means any of the following or their institutions: the federal government; a corporation named in Schedule III to the Financial Administration Act; a provincial government or a public body established under a law of that province; or an aboriginal government as defined in subsection 13(3) of the Access to Information Act. Disclosure to address serious and imminent danger 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. Disclosure to government or for advice 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 the purpose of the disclosure is related to the protection of human health or safety or the environment from a significant risk; the disclosure is made to a government or a person from whom the Minister seeks advice; and 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). The Minister must, before disclosing information under subsection (1), notify the person to whose business or affairs the information relates. Disclosure to physician or medical professional 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. 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 In this section, business day means a day other than a Saturday or a holiday. Subsequent disclosure 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. Remission of fees The Minister may, by order, remit all or part of any fee prescribed under subsection 48(2). Remission may be conditional A remission may be conditional. Conditional remission 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. Additional powers, duties and functions The Minister may, in addition to exercising the powers and performing the duties and functions specified in this Act, 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 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. [Repealed, 2012, c. 31, s. 275] Regulations 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 prescribing the criteria to be applied for the purpose of determining whether a claim for exemption is valid; [Repealed, 2019, c. 29, s. 202] 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 generally for carrying out the purposes and provisions of this Act. Regulations prescribing fees 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. Statutory Instruments Act The Statutory Instruments Act does not apply to an order made under section 14 or 18. Offence Every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act 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 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 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 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. [Repealed, 2019, c. 29, s. 205] [Repealed, 2012, c. 31, s. 281] 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 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. 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) Transfer of appropriations 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. Transfer of powers, duties and functions 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. Rights and obligations transferred 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. Subsection 19(1) of Hazardous Materials Information Review Act 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 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). 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) Pending claims for exemption 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. Appeals 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. Liability 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. Representations 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.