How an Appeal is Processed

Pre-Registration Evaluation

The Statement of Appeal - Form 1 is reviewed for completeness and verified to ensure that it is filed within the prescribed 45-day period and that the prescribed fee is included. See How an Appeal is Filed for more information.

The Statement of Appeal is verified to confirm that confidential business information (CBI) and other confidential information has been detached, labelled and sealed, as required by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations.

Registration

Once a Statement of Appeal has been properly filed with the Chief Appeals Officer, an appeals officer is assigned to the case and a registry number assigned to the claim.

Acknowledgment

The appellant is contacted by an appeals officer to acknowledge receipt of the Statement of Appeal.

Requesting the Record of the Screening Officer

In accordance with subsection 7(1) of the Hazardous Materials Information Review Act Appeal Board Procedures Regulations, the Chief Appeals Officer sends a written request to the Chief Screening Officer, requesting the transmittal of the record pertaining to the decision, order or undertaking that is the subject of the appeal. The record is provided to the appeal board, once a board is constituted, and to the appellant and any affected parties, upon request.

File Preparation

The files containing appeal-related information are categorized as "protected". Appeal files are created for: the official appeal record, appeal board members, board legal counsel and/or expert advisors.

Venue – Hearing

Appeals are usually heard in the province or territory in which the claimant carries on business. Where the claimant carries out business in more than one province, the Chief Appeals Officer determines the appropriate location for the hearing.

The claimant and affected parties who made written submissions to the screening officer at the claim-screening stage are notified of the convening of the appeal board and the venue of the hearing.

Appointment of Appeal Boards

HMIRC is responsible for convening appeal boards under the Hazardous Materials Information Review Act (HMIRA). Appeal boards, consisting of three (3) members, render decisions on appeals.

The procedure for appointing appeal board members depends on whether the appeal relates to the provisions of the Hazardous Products Act (HPA) or the Canada Labour Code (CLC).

Appeals relating to the Hazardous Products Act (HPA):

• an appeal board consists of a chairperson, appointed by the Chief Appeals Officer on the recommendation of the Lieutenant-Governor in Council of the province in which the appeal is to be convened; and
• two (2) other members appointed by the chairperson from lists of potential nominees: One (1) member from organizations representing workers and the other from organizations representing suppliers and employers in the province where the appeal board is to be convened.

Appeals relating to provisions of the Canada Labour Code (CLC):

• an appeal board consists of a chairperson, appointed by the Chief Appeals Officer on the recommendation of the federal Minister of Labour; and
• two (2) other members appointed by the chairperson from lists of potential nominees: One (1) member from organizations representing employees and one (1) from organizations representing employers, to whom the Canada Labour Code applies and which function in the province/territory where the appeal board is to be convened.

The lists of appeal board nominees for each province, are maintained by the Chief Appeals Officer.

Although appeal boards are convened and administered by the Chief Appeals Officer, they are completely independent of the Commission in respect of their decision-making powers. In addition to their powers under the Hazardous Materials Information Review Act (HMIRA) and the Hazardous Materials Information Review Act Appeal Board Procedures Regulations, the appeal board has certain powers conferred by the Inquiries Act.

Notice of Appeal

For each appeal filed, a Notice of Appeal - Form 3 is published in the Canada Gazette to provide affected parties (as defined in subsection 2(2) of the Hazardous Materials Information Review Regulations (HMIRR) with an opportunity to make representations to the appeal board. The notice of appeal requires those who intend to participate in the appeal to file an Appearance - Form 4 with the Chief Appeals Officer and to serve a copy of the appearance on the appellant by the date specified in the notice.

The notice of appeal is served by the Chief Appeals Officer on the appellant, claimant and each affected party who has made written representations to the screening officer with respect to the matter under appeal. The appellant must then serve a copy of the Statement of Appeal - Form 1 on all parties within the time period fixed by the appeal board.

Procedural Conference

The appeal board may at any time convene a procedural conference with all parties for the purpose of considering any matter that may aid in the simplification or disposition of the proceedings.

Hearings

Where an appellant (Statement of Appeal - Form 1) requests an opportunity to make oral submissions before the appeal board, the board shall establish and advise all parties of a time, date and place for a hearing. Oral submissions shall be confined to the grounds of appeal and the matters raised in the written submissions that have been filed with the appeal board.

Where an appellant requests the opportunity to make oral submissions before the appeal board and there are no material issues of fact or opinion the nature of which requires the examination of witnesses, the board may determine the appeal without hearing oral submissions or examining witnesses.

Security Procedures at the Hearing

A counter-technical-intrusion inspection is performed by the Royal Canadian Mounted Police (RCMP) prior to an oral hearing. The hearing rooms selected will have been security-approved by the RCMP and are soundproofed. A security guard is in place during the duration of the hearing, and only authorized personnel have access to the hearing room.

Management of Confidential Information at the Hearing (Confidential Session)

Where confidential information is to be disclosed in oral submissions during the hearing or procedural conference, the appeal board moves into confidential session and excludes from the hearing, all persons except the party who is to present the confidential information to the board, and any person whom that party requests be permitted to attend the confidential session.

Appeal Board Decisions

When a decision or an order is under appeal, the final outcome of the process is a decision by the appeal board on whether to dismiss the appeal and confirm the decisions or orders of the screening officer, or to allow the appeal and either vary or rescind the decisions or orders being appealed. In the case of an appeal of an undertaking between HMIRC and a claimant, the final outcome of the process is a decision by the appeal board on whether to dismiss the appeal, or to allow the appeal and make an appropriate order. A notice of decision, including the reasons, is published in the Canada Gazette.

The appeal board renders its decision in writing to the claimant (or appellant) as soon as practicable after the hearing. The affected parties who have made submissions on the appeal receive a notice of decisions which indicates the nature of the decision and the reasons for it, but does not disclose the confidential business information for which the claim for exemption was made.

A notice of decision, including the purport and reasons, is published in the Canada Gazette and is made available upon written request.

Judicial Review

Any party wishing to file an application for a judicial review should contact the Federal Court of Canada.

Additional Information

Please do not hesitate to contact the Chief Appeals Officer for additional information or clarification.