111Applying for continued protection

111 Applying for continued protection

(1) A confidence holder mentioned in subsection 110(2) may make an application to the Executive Director to continue the approval.

Note: For general requirements relating to applications: see section 167.

(2) An application must be made within the period specified in the notice under subsection 110(2), which must not be less than 20 working days after the day the notice is given. (3) In considering the application, the Executive Director must have regard to the following: (a) whether publication of the proper name or end use (as the case requires) for the industrial chemical could reasonably be expected to substantially prejudice the commercial interests of the applicant; (b) whether the prejudice outweighs the public interest in the publication of the proper name or end use (as the case requires) for the industrial chemical; (c) any further information provided in accordance with subsection (7) of this section, or subsection 167(4); (d) any advice given by a prescribed body in accordance with subsection (7) of this section. (4) The Executive Director may, by written notice given to an applicant, request further information to be provided for the purposes of considering the application. (5) In considering the application, the Executive Director may, by written notice, seek the advice of a body prescribed by the rules for the purposes of this subsection. (6) The body may provide a response to the request. (7) Information under subsection (4), or a response under subsection (6), must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given. (8) After considering the application, the Executive Director must decide to: (a) revoke the approval; or (b) not revoke the approval. (9) The Executive Director must give written notice of the decision to the following: (a) the applicant; (b) each confidence holder mentioned in subsection 110(2). (10) If the decision is to revoke the approval, the Executive Director must not publish the proper name (including the CAS name, CAS number or molecular formula) or end use (as the case requires) for the industrial chemical unless the reconsideration and review rights under section 166 in relation to the decision have been exhausted or have expired. (11) If no application is made within the period specified in the notice under subsection 110(2) the approval is taken to be revoked on the day after the end of that period.

Note: If the approval related to an industrial chemical for which there is an Inventory listing, the Executive Director may vary the terms of the Inventory listing to include the proper name or end use for the industrial chemical: see section 94.