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Steps to Completing a Statement of Appeal – Form 1

  1. Identify if the appeal is pursuant to section 20 or an application for an order pursuant to subsection 26(1) of the Hazardous Materials Information Review Act (HMIRA).
  2. Begin filling out a Statement of Appeal - Form 1.
  3. Identify the claim registry number that is the subject of the appeal.
  4. Complete a separate Statement of Appeal - Form 1 for each claim registry number which is the subject of the appeal.
  5. If the application is pursuant to subsection 26(1), use EITHER Part IX of Form 1 OR the Application - Form 2. A Statement of Appeal - Form 1 must accompany the Application - Form 2.
  6. Ensure that the requirements with respect to the prescribed filing period and the fee for filing an appeal are met. (For more information please see 45-Day Period for Filing an Appeal and Fees).

Note

When an appeal is launched relating to the ruling on the compliance of an MSDS or label, or to the claim itself, the requirement to comply with a screening officer's decisions or order is held in abeyance, pending the outcome.


Statement of Appeal - Form 1 Checklist

  • Ensure that Statement of Appeal - Form 1 has been completed and signed.
  • If an appellant is including an application under section 26(1) of the Hazardous Materials Information Review Act (HMIRA) for the disclosure in confidence, for reasons of health and safety in a workplace, of information in respect of which a claim for exemption is made, Part IX of Form 1 may be included or the Application - Form 2, may be completed.
  • Verify that Part X "Confidential" and Part XI "Confidential Business Information" have been detached and enclosed in a separate envelope marked "Confidential" or "Confidential Business Information".
  • Include Appendix - Fee Calculation to Form 1.
  • Include payment of the prescribed fees in Canadian funds payable to the Receiver General for Canada or by approved credit card authorization.
  • Send by registered mail or by courier to the Hazardous Materials Information Review Commission (HMIRC), Attention: Chief Appeals Officer.

Fees

The basic fee required for an appeal is $2,000. However, certain claimants or affected parties who meet the criteria prescribed under subsection 12(2) of the Hazardous Materials Information Review Regulations (HMIRR) are eligible for a 50% reduction, to $1,000. No fee is required for filing an Application - Form 2.

45-Day Period for Filing an Appeal

Pursuant to Section 4 of the Hazardous Materials Information Review Act Appeal Board Procedures Regulations, the prescribed period for filing an appeal with the Chief Appeals Officer is within 45 days after the date of publication of the Notice of Decisions, Orders or undertaking in the Canada Gazette .

If the Statement of Appeal is not filed within the 45-day period, the Chief Appeals Officer advises the party who had sought to appeal, in writing, that the appeal period has expired and there is no further opportunity to appeal. The Chief Appeals Officer does not have the discretionary power to extend the appeal period.

Date Modified: 2010-05-04

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