67Circumstances in which notice of review of protection of proper name or end use must be given

67 Circumstances in which notice of review of protection of proper name or end use must be given

(1) For the purposes of paragraph 110(1)(c) of the Act, the circumstances mentioned in any of subsections (2) to (5) of this section are prescribed. Protection of proper name or end use (2) For the purposes of subsection (1), a circumstance is that the Executive Director has concluded, as part of an evaluation under Part 4 of the Act in relation to the introduction of an industrial chemical, that a review of the approval to treat the proper name or end use for the industrial chemical as confidential business information is in the public interest. Protection of proper name only (3) For the purposes of subsection (1), a circumstance is that: (a) an application for the proper name for an industrial chemical to be treated as confidential business information has been approved (other than an application made under paragraph 105(1)(a) of the Act); and (b) after that application has been approved, an application is made under subsection 31(1) of the Act for an assessment certificate for the introduction of the industrial chemical. Protection of end use only (4) For the purposes of subsection (1), a circumstance is that: (a) an application for the end use for an industrial chemical to be treated as confidential business information has been approved (other than an application made under paragraph 105(2)(a) of the Act); and (b) after that application has been approved, an application is made under subsection 31(1) of the Act for an assessment certificate for the introduction of the industrial chemical for that end use. (5) For the purposes of subsection (1), a circumstance is that: (a) an application for the end use for an industrial chemical to be treated as confidential business information has been approved; and (b) 5 years have passed since notice of the decision to approve that application was given under subsection 108(2) of the Act; and (c) the Executive Director: (i) is proposing to vary a term of the Inventory listing for the industrial chemical in the circumstances mentioned in subparagraph 87(1)(c)(i) of the Act; or (ii) has varied a term of the Inventory listing for the industrial chemical following an application under subparagraph 87(1)(c)(ii) of the Act.