How an Appeal is Filed

Claimants and affected parties have the right to appeal the decisions and orders of Hazardous Materials Information Review Commission (HMIRC) screening officers. An appeal can relate to:

• decisions and orders on the validity of a claim for exemption and the material safety data sheet (MSDS) or label to which it relates;
• an order on the compliance of an MSDS or label related to a claim for exemption, where a screening officer determines that the MSDS or label is non-compliant;
• an undertaking between HMIRC and a claimant to voluntarily correct safety and health information found to be non-compliant.

In addition, an Appeal Board may order a claimant to disclose information with respect to a claim for exemption - to certain affected parties, in confidence - for reasons of health and safety in a workplace.

Claimants and affected parties have 45 days to launch an appeal, from the date that the screening officer's decision on a claim is published in the Canada Gazette. The procedure for dealing with appeals and conducting appeal hearings is established by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations, enacted pursuant to paragraph 48(1)(c) of the Hazardous Materials Information Review Act (HMIRA).

The procedure for dealing with appeals and conducting appeal hearings is established by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations enacted pursuant to paragraph 48(1)(c) of the Hazardous Materials Information Review Act.

Who Can File an Appeal?

An appeal can be filed by either: a claimant (a supplier or employer who makes a claim for exemption under the Hazardous Materials Information Review Act (HMIRA)); or, an affected party, as defined in subsection 2(2) of the Hazardous Materials Information Review Regulations (HMIRR).

What Happens Once an Appeal is filed?

The length of the appeal process varies with the complexity of the case. For each appeal filed, a notice of appeal is published in the Canada Gazette to provide affected parties an opportunity to make representations to the Appeal Board. When a decision or an order is under appeal, the final outcome of the process is a decision by the Appeal Board to either: dismiss the appeal and confirm the decisions or orders of the screening officer; or, allow the appeal, and either vary or rescind the decisions or orders being appealed.