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Filing an Appeal /
Steps to Completing a Statement of Appeal – Form 1 /
Steps to Completing a Statement of Appeal – Form 1
Steps to Completing a Statement of Appeal – Form 1
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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.
- Begin filling out a Statement of Appeal – Form 1.
- Identify the claim registry number that is the subject of the appeal.
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Complete a separate Statement of Appeal – Form 1 for each
claim registry number which is the subject of the appeal.
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If the application is pursuant to subsection 26(1), you have a choice to use either Part IX of Form 1 or
the Application – Form 2. A Statement of Appeal – Form 1
must accompany the Application – Form 2.
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Ensure that the prescribed filing period and fee for filing an appeal are met. (For more information
please see 45-Day Period for Filing an Appeal and Fees).
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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.
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| Statement of Appeal – Form 1 Checklist |
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Ensure that Statement of Appeal – Form 1 has been completed and signed. |
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If an appellant is including an application under Section 26(1) of the Hazardous Materials
Information Review Act 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.
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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”.
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Include Appendix – Fee Calculation to Form 1. |
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Include payment of the prescribed fees in Canadian funds payable to the
Receiver General for Canada or by approved credit card authorization.
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Send by registered mail or by courier to the Hazardous Materials
Information Review Commission, Attention: Chief Appeals Officer.
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The basic fee required for an appeal is $2,000 or $1,000 for an affected party or claimant who meets the
criteria required under subsection 12(2) of the Hazardous Materials Information Review Regulations.
No fee is required for filing an Application – Form 2.
The prescribed period for filing an appeal expires 45 days
after the date of publication in the Canada Gazette, in order to provide affected parties an
opportunity to intervene. The 45-day period excludes the date of publication in the Canada Gazette
and includes the date on which the statement of appeal is received by the Chief Appeals Officer,
Regulatory Affairs and Appeals Division.
If the time limit expires on a holiday, a Saturday or a Sunday, the time is extended to the next normal
business day. Saturdays, Sundays and other holidays are included in the computation of time and are
only relevant where the 45-day period expires on such a day.
If the statement of appeal is not filed within the 45-day period, the Chief Appeals Officer advises the
appellant, in writing, that the Statement of Appeal is out of time and will not be proceeded with. The Chief
Appeals Officer does not have the discretionary power to extend the appeal period as the statute provides for
a time period (Section 4 of the Hazardous Materials Information Review Act Appeal Board Procedures
Regulations).
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