Regulations Amending the Hazardous Materials Information Review Regulations and Repealing the Hazardous Materials Information Review Act Appeal Board Procedures Regulations: SOR/2020-39

Canada Gazette, Part II, Volume 154, Number 6

Registration

SOR/2020-39 March 4, 2020

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

P.C. 2020-74 February 29, 2020

Whereas pursuant to subsection 48(1) footnote a of the Hazardous Materials Information Review Act footnote b, the Minister of Health, while making amendments to that Act in 2019, consulted with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deemed appropriate;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 48(1)footnote a of the Hazardous Materials Information Review Act footnote b, makes the annexed Regulations Amending the Hazardous Materials Information Review Regulations and Repealing the Hazardous Materials Information Review Act Appeal Board Procedures Regulations.

Regulations Amending the Hazardous Materials Information Review Regulations and Repealing the Hazardous Materials Information Review Act Appeal Board Procedures Regulations

Amendments

1 Subsections 2(2) and (3) of the Hazardous Materials Information Review Regulations footnote 1 are replaced by the following:

(3) For the purposes of section 29 of the Act, the prescribed medical professional is a nurse who is entitled under the laws of a province to practise nursing and who is practising nursing under those laws in that province.

2 (1) Subsections 3(1) and (2) of the Regulations are replaced by the following:

3 (1) Subject to subsection (2), for the purpose of determining whether a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, the Minister must have regard exclusively to the following criteria:

(2) For the purpose of determining that a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, but not for the purpose of determining that such a claim for exemption is not valid, the Minister must also, as a criterion, have regard to whether the money expended and the other business resources employed by the claimant to develop the information are substantial in the circumstances.

(2) The portion of subsection 3(3) of the Regulations before paragraph (a) is replaced by the following:

(3) For the purpose of paragraph (1)(a), information does not cease to be not publicly available by reason only that it is known to persons who have

3 (1) The portion of subsection 8(1) of the Regulations before paragraph (a) is replaced by the following:

8 (1) A claim for exemption must be in writing, must bear the written or electronic signature of the claimant or a facsimile of that signature, must be dated by the claimant and must contain

(2) Subsection 8(2) of the English version of the Regulations is replaced by the following:

(2) A claim for exemption submitted under subsection (1) must not contain any false or misleading information.

4 Section 8.1 of the Regulations and the heading before it are repealed.

5 The portion of section 9 of the English version of the Regulations before paragraph (a) is replaced by the following:

9 A claim for exemption must be filed

6 The portion of section 10 of the Regulations before paragraph (a) is replaced by the following:

10 The Minister must assign a registry number to a claim for exemption as soon as possible after receiving

7 Sections 11 to 12 of the Regulations are replaced by the following:

11 The Minister must mark each claim for exemption with a date of filing that is the same as the date on which a registry number is assigned to the claim under section 10.

Repeal

8 The Hazardous Materials Information Review Act Appeal Board Procedures Regulations footnote 2 are repealed.

Coming into Force

9 These Regulations come into force on the day on which section 198 of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2020-38, Regulations Amending the Hazardous Products Regulations.