SI/2019-1020193

6

20196

22

FINANCIAL ADMINISTRATION ACTRemission Order in Respect of Fees for Claims Filed under the Hazardous Materials Information Review Act for Exemption from the Requirement to Disclose Confidential Business InformationP.C.2019-9920192

23

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Health and the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Actb, makes the annexed Remission Order in Respect of Fees for Claims Filed under the Hazardous Materials Information Review Act for Exemption from the Requirement to Disclose Confidential Business Information.aS.C. 1991, c. 24, s. 7(2)bR.S., c. F-11

Definitions1(1)The following definitions apply in this Order.Chief Screening Officer has the same meaning as in subsection 10(1) of the Hazardous Materials Information Review Act. (agent de contrôle en chef)hazardous ingredient has the same meaning as in subsection 1(1) of the Hazardous Products Regulations. (ingrédient dangereux)hazardous product has the same meaning as in section 2 of the Hazardous Products Act. (produit dangereux)safety data sheet has the same meaning as in section 2 of the Hazardous Products Act. (fiche de données de sécurité)supplier has the same meaning as in section 2 of the Hazardous Products Act. (fournisseur)Application of meanings in Acts and Regulations(2)All other words and expressions used in this Order have the same meaning as in the Hazardous Products Act, the Hazardous Materials Information Review Act, the Hazardous Products Regulations or the Hazardous Materials Information Review Regulations, as applicable.

Remission — fee for claim for exemption2(1)Subject to subsection (2), remission is granted to a supplier of an amount equal to the fee required under subsection 11(3) of the Hazardous Materials Information Review Act to accompany a claim filed by the supplier under that Act for an exemption from the requirement to disclose, on the safety data sheet of a hazardous product, confidential business information relating to the concentration or concentration range of a hazardous ingredient in the hazardous product.Maximum amount(2)Remission is granted of an amount of up to $850,000, which represents the total maximum amount to be repaid to all the affected suppliers.

Conditions3The remission is granted on the condition that(a)the supplier is subject to the Hazardous Products Act with respect to the hazardous products that it sells in or imports into Canada;(b)the claim for exemption relates to the requirement that the supplier disclose confidential business information relating to the actual concentration or concentration range of a hazardous ingredient in the hazardous product;(c)the supplier filed the claim for exemption in accordance with the Hazardous Materials Information Review Act and the Hazardous Materials Information Review Regulations on or after February 11, 2015, but before April 18, 2018, and paid the fee required;(d)on or before December 14, 2018, the supplier(i)informed the Chief Screening Officer in writing that with respect to the requirement to provide on the safety data sheet the concentration or concentration range of the hazardous ingredient in the hazardous product, it intends to provide one of the concentration ranges that is set out in the Hazardous Products Regulations, as they read on April 18, 2018; and(ii)confirmed in writing that it is withdrawing the claim for exemption that is referred to in paragraphs (b) and (c) and on which a decision has not yet been rendered; and(e)at the time of repayment of the amount remitted, the information provided by the supplier in the claim for exemption is valid and continues to meet the requirements of the Hazardous Materials Information Review Act and the Hazardous Materials Information Review Regulations with respect to the information that must be contained in a claim for exemption from the requirement to disclose confidential business information on the safety data sheet of a hazardous product.