Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

HPA Sections 8 and 9 - Board of Review

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Board of Review

8. Where a product, material or substance is added to Part I or II of Schedule I by an order made pursuant to subsection 6(1), any manufacturer or distributor of that product, material or substance or any person having that product, material or substance in possession for sale may, within sixty days after the date of the making of the order, request the Minister to refer the order to a board of review.

9.(1) On receipt of a request described in section 8, the Minister shall establish a board of review (in this section referred to as the "Board") consisting of not more than three persons and shall refer the order in respect of which the request was made to the Board.

(2) The Board shall inquire into the nature and characteristics of any product, material or substance to which an order referred to it under subsection (1) applies and shall give the person making the request and any other person affected by the order a reasonable opportunity of appearing before the Board, presenting evidence and making representations to it.

(3) The Board has and may exercise all the powers that are or may be conferred by or under section 4, 5 and 11 of the Inquiries Act on commissioners appointed under Part I of that Act.

(4) The Board as soon as possible after the conclusion of its inquiry, shall submit a report with its recommendations to the Minister, together with all evidence and other material that was before the Board.

(5) Any report of the Board shall, within thirty days after its receipt by the Minister, be made public by the Minister, unless the Board states in writing to the Minister that it believes the public interest would be better served by withholding publication, in which case the Minister may decide whether the report, either in whole or in part, shall be made public.

(6) The Minister may publish and supply copies of a report referred to in subsection (4) in such manner and on such terms as the Minister deems proper.

Interpretation / Discussion of Sections 8 and 9

Sections 8 and 9 ensure that affected parties (i.e. persons manufacturing, distributing or possessing for sale the designated product), have the legal right to request further consideration and to make representations regarding the addition of a product to Part I or Part II of Schedule I.

The Board of Review is not a permanent Board and is established each time it is required.

The Board of Review set up by the Minister of Health Canada considers the "nature and characteristics" of the product involved, hears the representations and evidence of the person who requested the Board of Review and of any other affected person, and reports its recommendations and all material considered by the Board to the Minister. In most cases, the Minister will make the report public within 30 days of receipt.

The powers conferred on the Board by the reference to the Inquiries Act in subsection 9(3) include the power to compel witnesses to attend hearings of the Board and to give evidence under oath.