Cassandra Taylor
Regulatory Specialist,
Regulatory International
Influences
Canadian trade secret exemption Nexreg Compliance Inc.
basics for workplace hazardous products
Canada has strict requirements for hiding chemical information
as trade secret on Safety Data Sheets (SDS) for hazardous
products. This contrasts with the U.S., where there is
no obligation to register Confidential Business Information (CBI)
in order to hide it from SDS disclosure.
The Workplace Hazardous Materials Information System
(WHMIS) in Canada mandates that suppliers provide employers
with information on the dangers of hazardous chemicals produced
and used in Canadian workplaces. SDS and workplace labels
must comply with the Hazardous
Products Regulations (HPR),
which sets out the requirements
in alignment with the Globally
Harmonized System of Classification
& Labeling of Chemicals (GHS) 5th
revised edition.
A WHMIS-compliant SDS
must disclose all relevant hazardous
ingredients in the product. If
a supplier or employer wants to hide chemical information from
disclosure because it is CBI, a claim for exemption must be filed
with Health Canada. Health Canada will issue a Hazardous Materials
Information Review Act (HMIRA) Registry Number (RN),
which must appear on the SDS. The product can then be sold in
Canada while withholding the CBI from the public.
HMIRA claim submission involves the following steps:
• sending the product SDS and label (if applicable) associated
with the claim;
• completion of the Claim for Exemption Form and the Payment
Authorization Form (when paying by credit card);
and
• payment of the applicable fee via
check, credit card or money order.
New applications are processed within
seven business days and a HMIRA RN
is issued to the claimant if all requirements
are met. The RN may be
used on the SDS immediately
and it allows the product to be
sold within Canada. It takes
several months for the application
to be fully processed. Timelines vary
and providing complete, accurate
and timely information will expedite
this process.
Depending on the details of the submission, Health Canada
may provide a consultation document that outlines findings on
claim validity and SDS/label compliance. Claimants are given
30 days to provide a response to the findings communicated in
the consultation document. Health Canada reviews any claim
amendments and issues a notice of decision to the claimant. Once
finalized, the HMIRA RN is valid for three years. If the product
formula changes or new information results in a change to the
SDS classification, a new HMIRA claim must be submitted.
Amendments to the
Hazardous Materials Information Review Act
HMIRA was recently amended and the revisions came into
force on March 18, 20201. The changes to HMIRA include the
following:
• Development of a new publication process to post information
about claims for exemption on the Health Canada website.
Once this system is finalized, claims for exemption filed under
HMIRA will no longer be published in the Canada Gazette.
• Development of a new risk-based approach for the review of
SDS and labels. The current review process will continue until
the new policy is finalized.
• HMIRA exemptions may now be suspended or annulled if the
claim is found to be invalid or if the SDS or labels do not
comply with the provisions of the Hazardous Products Act.
• CBI may now be disclosed in certain situations when it is in
the interest of human health or safety, or the environment.
• It is no longer required to use registered mail to communicate
with claimants. However, correspondence will continue to be
sent by registered mail until further notice.
• The Minister of Health has been granted the authority to
remit all or part of any fee prescribed under the regulations.
• The HMIRA appeals process was removed and the related
HMIRA Appeal Board Procedures Regulations were repealed.
• The responsibilities, duties and authorities of the Screening
Officer and Chief Screening Officer have been re-assigned to
the Minister of Health and are delegated to the appropriate
position in the Consumer & Hazardous Products Safety
Directorate.
20 Spray June 2020