(1) After considering the application, the Executive Director must decide to:
(a) approve the application; or
(b) not approve the application.
(2) The Executive Director must give written notice of the decision to each applicant.
(3) If the decision is to approve an application to treat the proper name for an industrial chemical as confidential business information, the notice must include the following:
(a) the AACN determined by the Executive Director for the industrial chemical;
(b) the circumstances in which the AACN will be published in lieu of the proper name (including the CAS name, CAS number or molecular formula for the industrial chemical).
Note: The rules may prescribe circumstances in which an AACN must be published instead of the proper name for an industrial chemical: see subsection 109(1).
(4) If the decision is to approve an application to treat the end use for an industrial chemical as confidential business information, the notice must include the following:
(a) the generalised end use determined by the Executive Director for the industrial chemical;
(b) the circumstances in which the generalised end use will be published in lieu of the end use for the industrial chemical.
Note: The rules may prescribe circumstances in which a generalised end use must be published instead of the end use for an industrial chemical: see subsection 109(2).
(5) If the decision is to not approve the application, the Executive Director must not publish the proper name 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.
(6) A notice including an AACN determined under paragraph (3)(a), or a generalised end use determined under paragraph (4)(a), is not a legislative instrument.