Hazardous Materials Information Review Act Appeal Board Procedures Regulations

Consolidated Statutes and Regulations
Enabling statute: Hazardous Materials Information Review Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/H-2.7/SOR-91-86/129141.html
Regulation current to September 15, 2006

SOR/91-86

Registration 7 January, 1991

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Hazardous Materials Information Review Act Appeal Board Procedures Regulations

P.C. 1990-2868 31 December, 1990

Whereas the Minister of Consumer and Corporate Affairs, pursuant to subsection 48(1) of the Hazardous Materials Information Review Act*, has 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 in respect of the prescription of:

(a) the period within which a claimant or an affected party may appeal a decision or order of a screening officer rendered under section 15, 16 or 17 of that Act,

(b) the form of a statement of appeal and the manner in which it shall be filed,

(d) the information to be contained in a notice to be published in the Canada Gazette on each decision rendered by an appeal board under section 24 of that Act;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to subsections 20(1) and (2) and paragraphs 23(1)(a), 27(1)(a) and 48(1)(c), (e) and (f) of the Hazardous Materials Information Review Act*, is pleased hereby to make the annexed Regulations respecting Hazardous Materials Information Review Act appeal board procedures.

* R.S., c. 24 (3rd Supp.), Part III

REGULATIONS RESPECTING HAZARDOUS MATERIALS INFORMATION REVIEW ACT APPEAL BOARD PROCEDURES

SHORT TITLE

1. These Regulations may be cited as the Hazardous Materials Information Review Act Appeal Board Procedures Regulations.

INTERPRETATION

2. (1) In these Regulations,

"Act" means the Hazardous Materials Information Review Act; (Loi)

"affected party" has the meaning assigned to that expression by subsection 2(2) of the Hazardous Materials Information Review Regulations; (partie touchée)

"appeal board" means an appeal board appointed in accordance with paragraph 21(a) and section 43 of the Act; (commission d'appel)

"appellant" means a claimant or affected party who appeals, under subsection 20(1) of the Act, a decision or order of a screening officer; (appelant)

"applicant" means an affected party who makes an application for an order under subsection 26(1) of the Act; (requérant)

"claimant" means a supplier or employer who makes a claim for exemption under the Act; (demandeur)

"confidential business information" means any confidential information in respect of which a claim for exemption has been made; (renseignements confidentiels commerciaux)

"confidential information" means any information that is confidential, other than confidential business information; (renseignements confidentiels)

"counsel" means a member of the Bar of any province who is authorized by a claimant or affected party to represent the claimant or affected party in a proceeding; (avocat)

"major shareholder" means a person who holds, directly or indirectly, other than by way of security only, 10 per cent or more of the issued and outstanding voting securities of a corporation; (actionnaire important)

"party" means a claimant or an affected party who files an appearance in accordance with subsection 10(1), an appellant or an applicant; (partie)

"proceedings" means any proceedings under the Act on an appeal or application; (instance)

"related group" means a group of persons each member of which is a related person with respect to every other member of the group; (groupe lié)

"related persons" means persons who are

(a) individuals connected by a blood relationship, marriage or adoption, or

(b) a corporation and

(i) the person who controls the corporation, if it is controlled by one person,

(ii) a person who is a member of a related group that controls the corporation, or

(iii) any person who is a related person to a person described in subparagraph (i) or (ii); (personnes liées)

"union association" means a group of workers constituted as a professional syndicate, union, brotherhood or otherwise or a group of those syndicates, unions, brotherhoods or other groups of workers similarly constituted, having as its objects the study, safeguarding and development of the economic, social or educational interests of its members or the negotiation and application of collective agreements. (association syndicale)

(2) For the purposes of these Regulations, a corporation is controlled by a person or related group if

(a) securities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, except by way of security only, by or for the benefit of that person or that related group; and

(b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.

APPLICATION

3. These Regulations apply in respect of:

(a) an appeal made pursuant to subsection 20(1) of the Act; and

(b) an application made pursuant to subsection 26(1) of the Act.

PART I
APPEALS AND APPLICATIONS

Statement of Appeal

4. A statement of appeal shall be in Form 1 of the schedule and shall be filed with the Chief Appeals Officer pursuant to subsection 20(1) of the Act within 45 days after the date of publication in the Canada Gazette of the notice published pursuant to section 18 of the Act in respect of the decision or order that is the subject of the appeal.

Application

5. (1) An application shall

(a) be in Form 2 of the schedule;

(b) be filed with the appeal board; and

(2) A statement of appeal may include an application.

Simultaneous Hearing of an Appeal and an Application

6. The appeal board may hear an application at the same time as an appeal where

(a) the application is

(i) included with a statement of appeal, or

(ii) made at any other time before the conclusion of an appeal proceeding;

(b) the appeal board believes that hearing the application at that time would avoid duplication of proceedings; and

Access to Record of Screening Officer

7. (1) The Chief Appeals Officer shall, on the filing of a statement of appeal in accordance with section 4, require the Chief Screening Officer to transmit to the Appeals Division the record pertaining to the decision or order that is the subject of the appeal.

(2) Where a party requests, for the purpose of participation in an appeal, access to the record of the screening officer pertaining to the decision or order being appealed, the appeal board shall, subject to subsection (3), permit the party to view the record and to make copies thereof at the party's expense.

(3) Where a record referred to in subsection (2) contains confidential business information or confidential information that was not provided by the requesting party and that can be readily separated from the record, the appeal board shall sever the information from the record and

(a) permit the party to view and copy only those portions of the record that contain information that is not

(i) confidential business information, or

(ii) confidential information; and

(b) subject to subsections (5), (6) and (7), permit the party's counsel or an expert who assists the counsel to view and, if the appeal board so directs, copy any confidential information.

(4) A counsel or an expert who assists the counsel may sign and file with the appeal board, and shall serve on the other parties a copy of a declaration and undertaking in Form 5 of the schedule where the counsel or the expert

(a) is ordinarily resident in Canada;

(b) is not an employee, officer, director or major shareholder of any party or of any related person to any party; and

(5) A counsel may request and be granted access to confidential information in the record referred to in subsection (2) where the counsel

(a) has signed, filed with the appeal board and served on the other parties a declaration and undertaking in accordance with subsection (4);

(b) satisfies the appeal board that counsel is independent from the party the counsel represents, and

(c) satisfies the appeal board that access to that confidential information is necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.

(6) An expert who assists a counsel who has made a request under subsection (5) may, on the request of the counsel, be permitted access to the confidential information in the record referred to in subsection (2) where

(a) the expert has signed, filed with the appeal board and served on the other parties a declaration and undertaking in accordance with subsection (4); and

(b) the appeal board is satisfied that

(i) the expert is independent from the party on whose behalf the expert is retained,

(ii) the expert is a person possessing expertise relevant to material issues in the proceedings, and

(iii) the assistance of a person possessing the expertise referred to in subparagraph (ii) is necessary for counsel to prepare effectively for, or to participate in, the proceedings.

(7) The appeal board shall consider a request made under subsection (5) or (6) where the prerequisite procedures set out in subsections (4) and (5), in the case of a counsel, or in subsections (4) and (6), in the case of an expert, have been followed and the other parties have been given a reasonable opportunity to make representations with respect to communication of the confidential information to those persons.

(8) Where the appeal board decides to grant a request made under subsection (5) or (6) for access to confidential information, the appeal board shall

(a) inform all parties of the decision; and

(b) give such directions as may be reasonable to permit the counsel or an expert who assists the counsel to obtain access to that confidential information while continuing to protect any confidential information that is not necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.

Notice of Appeal or Application

8. (1) The appeal board shall issue a notice of an appeal or an application in Form 3 of the schedule and shall publish the notice in the Canada Gazette and serve a copy of it on

(a) in the case of an appeal,

(i) the appellant,

(ii) the claimant, and

(iii) each affected party who made written representations to the screening officer whose decision or order is being appealed with respect to the matter under appeal; and

(b) in the case of an application,

(i) the applicant,

(ii) the claimant, and

(iii) each affected party who made written representations to the screening officer whose decision or order is being appealed with respect to the confidential business information that is the subject of the application.

(2) A notice referred to in subsection (1) shall contain

(a) the title of the proceedings;

(b) the appeal or application number that is assigned by the Chief Appeals Officer;

(d) information relating to the commencement of the appeal or the application including a summary of the grounds of appeal or the reasons for the application;

(e) the time limit for filing and serving an appearance;

(f) the address for service of the appellant or applicant; and

(g) the address of the office from which copies of the form of appearance and information respecting appeal board procedures may be obtained.

Service of Statement of Appeal or Application

9. An appellant or applicant shall, within such time as the appeal board may direct, subject to sections 12 and 13, serve a copy of the statement of appeal or application on all other parties.

Appearance

10. (1) A claimant or an affected party who intends to participate in any proceedings shall file with the appeal board, and serve a copy on the appellant or applicant, as the case may be, on or before the expiration date specified in the notice issued pursuant to section 8, of an appearance in Form 4 of the schedule, signed by the claimant or affected party personally or, if the claimant or affected party is a corporation, by an officer of the corporation.

(2) As soon as is practicable after the expiration date specified in the notice issued pursuant to section 8, the appeal board shall serve on all of the parties a list of the parties that sets out their names, addresses and telephone and other telecommunications numbers.

PART II
PROTECTION OF INFORMATION

Privacy of Proceedings

11. (1) No member of the public shall be admitted to any sitting of the appeal board and, except as may be provided in the Act or these Regulations, no member of the public shall have access to any information regarding proceedings before the appeal board.

(2) All information, documents or other material obtained by any means by any person, including appeal board members, from any party as a consequence of or in the course of any proceedings before the appeal board are obtained solely for the purposes of those proceedings and of any subsequent or related applications to or actions in a court of competent jurisdiction, and any other use or further disclosure of that information or those documents or other materials is prohibited.

Confidential Business Information

12. (1) No member of the appeal board and no person assisting, advising or counselling the appeal board, including an expert referred to in subsection 36(1) and a deputy referred to in subsection 37(1), shall disclose any confidential business information to any person other than the claimant or persons authorized by the claimant to have access to the information, and the confidential business information shall be kept separate and apart from all other information relating to the proceedings, including confidential information.

(2) Where a document, including a statement of appeal, that the claimant files with the appeal board identifies, discloses or, by reference, has the effect of identifying or disclosing any confidential business information, the claimant shall

(a) sever the information from the contents of the document or place the information in a separate document;

(b) mark the top of each page of the severed portion of the document or separate document, as the case may be, with the words "Confidential Business Information/Renseignements confidentiels commerciaux"; and

(c) file the severed portion of the document or separate document, as the case may be, in a sealed envelope and mark the envelope with the words "Confidential Business Information/Renseignements confidentiels commerciaux".

(3) A person who is employed, assigned, appointed or engaged to assist, advise or counsel the appeal board, including an independent expert referred to in subsection 36(1) and a deputy referred to in subsection 37(1), may have, subject to the direction of the appeal board, access to confidential business information on the same basis and subject to the same limitations as the appeal board.

Confidential Information

13. (1) Where a document, including a statement of appeal or an application, that a party files with the appeal board identifies, discloses or, by reference, has the effect of identifying or disclosing any information that the party wishes to treat as confidential information, the party shall

(a) sever the information from the contents of the document or place the information in a separate document; and

(b) mark the top of each page of the severed portion of the document or separate document, as the case may be, with the word "Confidential/Confidentiel".

(2) The appeal board shall maintain confidential information filed in accordance with subsection (1) separate and apart from all other information relating to the proceedings.

(3) Subject to subsections (5), (6) and (7), no party other than the party referred to in subsection (1) and no person other than a counsel representing or assisting such a party or an expert who assists the counsel shall have access to confidential information filed in accordance with subsection (1).

(a) is ordinarily resident in Canada;

(b) is not an employee, officer, director or major shareholder of any party or of any related person to any party; and

(5) A counsel may request and be granted access to confidential information filed in accordance with subsection (1) where the counsel

(a) has signed, filed with the appeal board and served on the other parties a declaration and undertaking in accordance with subsection (4);

(b) satisfies the appeal board that the counsel is independent from the party the counsel represents; and

(c) satisfies the appeal board that access to that confidential information is necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.

(6) An expert who assists a counsel who has made a request under subsection (5) may, on the request of the counsel, be permitted access to the confidential information filed in accordance with subsection (1) where

(a) the expert has signed, filed with the appeal board and served on the other parties a declaration and undertaking in accordance with subsection (4); and

(b) the appeal board is satisfied that

(i) the expert is independent from the party on whose behalf the expert is retained,

(ii) the expert is a person possessing expertise relevant to material issues in the proceedings, and

(iii) the assistance of a person possessing the expertise referred to in subparagraph (ii) is necessary for counsel to prepare effectively for, or to participate in, the proceedings.

(8) Where the appeal board decides to grant a request made under subsection (5) or (6) for access to confidential information, it shall

(a) inform all parties of the decision;

(b) direct any party who has filed the confidential information with the appeal board to serve the confidential information on the counsel; and

(c) give such other directions as may be reasonable to permit the counsel or an expert who assists the counsel to obtain access to that confidential information while continuing to protect any confidential information that is not necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.

(9) A counsel or an expert who assists the counsel who obtains access to confidential information pursuant to section 7, this section or section 35 shall not disclose the confidential information to any person who is not authorized pursuant to these Regulations to have access to it and shall not reproduce in any manner any document or other material that is or contains confidential information without the prior approval of the appeal board.

(10) A person who is employed, assigned, appointed or engaged to assist, advise or counsel the appeal board, including an expert referred to in subsection 36(1) and a deputy referred to in subsection 37(1), may have, subject to the direction of the appeal board, access to confidential information on the same basis and subject to the same limitations as the appeal board.

Destruction of Confidential Information

14. (1) Where a counsel or an expert who assists the counsel has obtained confidential information as a consequence of or in the course of the proceedings and the confidential information is contained in a document, the counsel or the expert shall deliver the document to the Chief Appeals Officer within the later of

(a) the 30th day after the decision of the appeal board, and

(b) the expiration of any period for commencing further proceedings in respect of the decision of the appeal board.

(2) The Chief Appeals Officer shall cause any document delivered pursuant to subsection (1) to be destroyed.

PART III
RULES OF PROCEDURE

Extending or Abridging Time Limit

15. The appeal board may, on application by a party or on its own motion, extend or abridge any time limit directed by the appeal board without regard to when the request for extension or abridgement was made.

Service

16. (1) Subject to subsection (2), a notice or other document shall be served personally or be sent by certified or registered mail.

(2) A notice or other document may be served by a means other than one specified in subsection (1) where the person to be served consents to the use of the other means or acknowledges the receipt of the notice or other document.

(3) A party serving a document shall file with the appeal board a certificate of service in Form 6 of the schedule, certifying that

(a) a copy of the document, including any confidential information contained therein, has been served on each person entitled to service thereof; or

(b) a copy of the document, excluding any confidential information, has been served on each person entitled to service thereof.

Filing

17. A document to be filed with the appeal board shall be sent by certified or registered mail to the Chief Appeals Officer or shall be delivered by hand to the office of the Chief Appeals Officer.

Amendments

18. The appeal board may, where it is fair to do so and on such terms or conditions as the appeal board may direct, allow any amendment to be made to any document, including a statement of appeal, an application, submissions, an answer or a reply.

Additional Information

19. At any time in the proceedings, the appeal board may direct a party to provide it with and, subject to sections 12 and 13, serve on all other parties, such further information or documents as may be necessary for the appeal board to obtain a full and satisfactory understanding of the issues and matters raised in the proceedings.

Subpoenas

20. (1) The appeal board may, at its own instance or on application by a party, summon before it by subpoena any person and require the person to give evidence on oath or solemn affirmation and to produce documents.

(2) No person is required to appear before the appeal board pursuant to a subpoena unless, at the time of service of the subpoena on the person, the appeal board that on its own instance issued the subpoena or the party who requested the subpoena has paid or tendered to the person conduct money in an amount sufficient for the person's reasonable travelling expenses and professional fees, if any.

(3) Where a person who is served with a subpoena disputes the reasonableness of any conduct money paid or tendered, the person shall advise the appeal board of the dispute, and the appeal board, after hearing the submissions of the person and the party who requested the subpoena, may fix the amount of the conduct money or the manner in which the conduct money is to be calculated.

(4) The appeal board may hear submissions pursuant to subsection (3) by conference call among the appeal board, the person served with a subpoena and any party entitled to make submissions.

(5) A subpoena shall be in Form 7 of the schedule and shall be signed by the Chief Appeals Officer or the chairman of the appeal board.

Failure to Comply

21. (1) Where a party does not comply with a requirement of these Regulations or a direction given by the appeal board, the appeal board may

(a) stay the proceedings until it is satisfied that the requirement or direction has been complied with; or

(b) take such steps as it considers fair in the circumstances.

(2) The appeal board may excuse, on such terms or conditions as the appeal board may direct, any failure of a party to comply with any direction given by the appeal board, other than a direction respecting the confidentiality of information or the privacy of the proceedings if the appeal board

(a) is satisfied that there is a reasonable explanation for the failure; or

(b) considers it fair to do so.

Communications with the Appeal Board

22. (1) Communications with the appeal board, other than at a hearing, an examination or a conference held under section 31, 32, or 33 or 34, respectively, shall be made through the Chief Appeals Officer or such other person as is designated by the Chief Appeals Officer for that purpose.

(2) Communications from the appeal board may be signed by the Chief Appeals Officer or such other person designated by the Chief Appeals Officer for that purpose.

Record of Hearings, Examinations and Conferences

23. The appeal board shall cause to be taken a stenographic, electronic or other record of hearings, examinations and conferences held under section 31, 32 or 33 or 34, respectively, including any confidential sessions held under section 35.

Adjournments

24. Hearings, examinations and conferences commenced under section 31, 32 or 33 or 34, respectively, shall proceed, as far as is practicable, from day to day, but may be adjourned by the appeal board from time to time.

Summary of Confidential Information

25. Where the appeal board receives confidential information from or on behalf of a party, the appeal board may direct the party to prepare a written summary of the information or a written description of the nature of the information that does not disclose the confidential information, and to serve on all other parties the summary or description, as the case may be.

Matters Not Provided For

26. Where a matter arises that is not otherwise provided for by these Regulations, the appeal board shall give such directions as are consistent with these Regulations and with the fair and expeditious conduct of the proceedings.

PART IV
HEARINGS

Statement of Appellant or Applicant

27. If an appellant or applicant has not already done so in the statement of appeal or application, the appellant or applicant shall, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all other parties a copy of a statement in writing indicating whether the appellant or applicant

(a) wishes to make oral submissions before the appeal board; and

(b) believes that there are material issues of fact or opinion the nature of which requires the examination of witnesses.

Written Submissions

28. A claimant or an affected party who has filed an appearance pursuant to section 10 shall, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all parties written submissions setting out

(a) the views of the claimant or affected party on the appeal or application, as the case may be, the reasons for those views and any facts or information that may assist the appeal board in understanding those views and in deciding the appeal or application;

(b) whether the claimant or affected party wishes to make oral submissions before the appeal board; and

(c) whether the claimant or affected party believes that there are material issues of fact or opinion the nature of which requires the examination of witnesses.

29. The appellant or applicant may, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all other parties written submissions in reply to the written submissions of any other party.

Hearing in Writing

30. Where no party 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 appeal board may determine the appeal or application without hearing oral submissions or examining witnesses.

Hearing of Oral Submissions

31. (1) Where a party requests an opportunity to make oral submissions before the appeal board, the appeal board shall establish and advise all parties of a time, date and place for a hearing.

(2) Oral submissions shall be confined to the grounds of appeal or the matters raised in the application and the matters raised in the written submissions that have been filed with the appeal board.

Examination of Witnesses

32. (1) Where there are material issues of fact or opinion the nature of which requires the examination of witnesses, the appeal board shall establish, and advise all parties of a time, date and place for the examination.

(2) The appeal board may direct any party who wishes to present a witness to file with the appeal board and serve on all other parties, within such time as the appeal board may direct, and subject to sections 12 and 13, a document in written question-and-answer form containing the evidence and including the qualifications, if any, of the proposed witness.

(3) Witnesses shall be examined on oath or solemn affirmation.

(4) Following the completion of the examination of witnesses, the appeal board shall invite all parties to make any final oral or written submissions.

Procedural Conference

33. (1) 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 including, without restricting the generality of the foregoing,

(a) the question of whether a counsel or an expert who assists the counsel should be given access to confidential information or be admitted to a confidential session of the appeal board;

(b) the clarification of the issues and matters raised in the proceedings;

(c) the need for additional information in order for the appeal board to obtain a full and satisfactory understanding of the issues and matters raised in the proceedings;

(d) the order in which witnesses are to be presented;

(e) whether to consider the evidence of witnesses at a technical conference;

(f) whether to appoint an expert, and the identification of the matters to be assigned to the expert;

(g) whether to depute a person pursuant to section 44 of the Act and section 11 of the Inquiries Act, including setting out the procedure to be followed by the deputy and identifying the matters into which the deputy is to inquire;

(h) any procedural question that has arisen in the course of the proceedings; and

(i) any matter that may contribute to the orderly, fair and expeditious conduct of the proceedings.

(2) Where a question referred to in paragraph (1)(a) is discussed at a procedural conference, the question shall be discussed without disclosing any confidential information.

(3) Where a counsel referred to in paragraph (1)(a) seeks to be heard by the appeal board with respect to a question referred to in that paragraph, the appeal board shall hear the counsel before any direction is made by it that would affect the matter in question.

(4) A procedural conference may be conducted by a telephone conference call.

Technical Conference

34. Where a witness gives evidence of a scientific, technical or other expert nature at a hearing, the appeal board may, in addition to or in lieu of permitting the examination of the witness, convene a technical conference with the parties and the witness in order to facilitate an informal discussion of the evidence of the witness and the matters addressed in that evidence among those persons with expertise in the matters, including advisors to parties and advisors to the appeal board.

Confidential Session

35. (1) Subject to subsection (2), where confidential information will be disclosed in oral submissions during the examination of witnesses or at a procedural or technical conference, the appeal board shall, for the purpose of hearing the confidential information, move into confidential session and exclude from the hearing all persons except the party who is to present the confidential information to the appeal board, and any person whom that party requests be permitted to attend the confidential session.

(2) A counsel or an expert who assists the counsel may be permitted to attend the confidential session where

(a) the counsel or the expert has signed, filed with the appeal board and served on the other parties a declaration and undertaking in Form 5 of the schedule;

(b) the appeal board is satisfied that the counsel or the expert is independent from the party that the counsel represents or on whose behalf the expert is retained; and

(c) the appeal board is satisfied that the attendance of the counsel or the expert at the confidential session is necessary for the counsel to prepare effectively for, or to participate in, the proceedings.

(3) All confidential information received by the appeal board in a confidential session pursuant to subsection (1) shall be maintained separate and apart from all other information pertaining to the proceedings.

(4) On the completion of a confidential session, the appeal board shall recall the parties to the hearing.

Appointment of Experts under Section 44 of the Act

36. (1) Where, pursuant to section 44 of the Act and section 11 of the Inquiries Act, the appeal board proposes to appoint an expert to consider and report on any matter relevant to the proceedings, the appeal board shall notify the parties of the proposal and shall hear the written or oral submissions of parties on the proposal.

(2) Where an expert is appointed by the appeal board, the report of the expert shall be introduced in evidence and the expert may be examined on the report on oath or solemn affirmation.

(3) The report of an expert

(a) shall not identify, disclose, or by reference, have the effect of identifying or disclosing any confidential business information; and

(b) shall have any confidential information in a separate part of the report marked with the word "Confidential/Confidentiel".

(4) Confidential information contained in the report of an expert shall be provided only to a party from whom the information was obtained or a counsel or an expert who assists the counsel who may participate in a confidential session by virtue of section 35.

(5) Where the appeal board appoints an expert, the appeal board shall permit the parties to call witnesses to give evidence with respect to the matters reported on by the expert.

Appointment of Deputies under Section 44 of the Act

37. (1) Where the appeal board proposes to exercise the power to depute a person pursuant to section 44 of the Act and section 11 of the Inquiries Act, the appeal board shall notify the parties of the proposal and shall hear the written or oral submissions of the parties on the proposal.

(2) Sections 11 to 13, 15 to 17, 20 to 22, 24, 25 and 32 to 35 apply to a deputy as if the deputy were the appeal board, unless the appeal board, after hearing the submissions of the parties, directs otherwise.

(3) The report and findings, if any, of a deputy shall be submitted in accordance with subsection 11(4) of the Inquiries Act and, subject to subsections (4) and (5), a copy thereof shall be served on the parties.

(4) Any confidential business information that is contained in the report of a deputy and any contents of that report that have the effect of identifying or disclosing that information shall be severed from the contents of the report and placed in a sealed envelope marked with the words "Confidential Business Information/ Renseignements confidentiels commerciaux" and shall not be served on any affected party.

(5) Any confidential information that is contained in the report of a deputy shall be severed from the other contents of the report and be marked with the word "Confidential/ Confidentiel" and shall not be served on any parties other than a party from whom the information was obtained or a person who may have access to confidential information pursuant to section 13 or a person who may attend a confidential session pursuant to section 35.

Notice of Decision

38. (1) A notice to be published in the Canada Gazette pursuant to paragraph 27(1)(a) of the Act by the Chief Appeals Officer shall include

(a) the name of the claimant;

(b) the product identifier of the controlled product that is the subject of the claim for exemption that is the subject of the appeal;

(d) the date of the appeal board's decision; and

(e) sufficient information to indicate the purport of and the reasons for the appeal board's decision.

(2) For the purposes of subsection (1), "product identifier" has the meaning assigned to that expression by subsection 2(1) of the Hazardous Materials Information Review Regulations.

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