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Frequently Asked Questions and Answers

Q1: What are the major changes to the regulations?

A1: There are three major changes following the coming into force of the revised regulations. These are:

• Changes to the fee structure
• Reduction in the information required to be submitted in support of a claim
• Removal of Form 1 from the regulations

Q2: When did the modifications to the regulations come into force?

A2: The regulations came into force on June 13, 2002.

Q3: How does the new fee structure differ from the old one?

A3: The new fee structure for claims for exemption differentiates fees based on the number of claims submitted at one time and on whether each claim is an “original claim” or a “refiled claim”. The former grouping and ingredient-based fee structures are no longer in effect. The following fees now apply to each submission and are based on the number of claims of each type, original or refiled, submitted at one time.

A 50% reduction for a small business meeting certain criteria is still available. Please consult the regulations to obtain more information.

Q4: Can I file both original and refiled claims together at the same time?

A4: It is permissible to file both original and refiled claims together in the same submission. However, separate fee calculations are required; one for the original claims and one for the refiled claims.

Q5: If the information in support of a claim which I am refiling has not changed, must I provide it again?

A5: Subsection 8(2) of the revised regulations include provision for claimants to cross-reference to certain previously submitted statements with regards to those who have knowledge of the information which is the subject of the claim and the security measures implemented to restrict knowledge of or access to the information.

For your convenience, any additional unchanged information may simply be appended to your application, by way of a photocopy of what was previously submitted. Ensure that such appendices have been referenced to the appropriate section of the Application for a Claim for Exemption that will accompany your refiling.

With respect to toxicological studies and upstream supplier MSDSs, etc. on which your MSDS has been based, those previously supplied to the Commission, which are still applicable, need not be submitted again, as long as there is a clear and precise reference to the relevant document to ensure that there is no confusion when the time comes for the MSDS to be reviewed with respect to what you wish to be considered. The Commission requests that you provide the total formulation of your product at the time of refiling. This information is required to determine if the refiling meets the criteria to be considered as a “refiled claim”.

Q6: If I originally filed a claim under the old fee schedule and am now at the point of refiling the same claim, what fee structure is applicable to my refiling?

A6: The new fee schedule applies to the refiling.

Q7: What happens now that Form 1 has been removed from the regulations?

A7: Claimants can now provide the required information in any form or format. Nevertheless, the Commission has prepared, for claimant’s convenience, a document entitled Application for a Claim for Exemption.

Q8: Does the change in regulations affect the exemption period for any of my current claims?

A8: No. A claim is still valid for a period of three (3) years from the date it is granted.

Q9: What are the steps involved in making a reapplication (refiled claim) under the new regulations?

A9: The steps required to make a reapplication (refiled claim) under the new regulations are the same steps as for making a new application. There is, however, a reduced fee applicable to refiled claims. See response to Q1 above.

Q10: What happens to my claim if it was submitted before the new regulations came into force?

A10: If your claim was received and registered before June 13, 2002, then the old fee structure will apply. If it were registered after June 13, then it will be recalculated based on the new fee structure and if a reimbursement is due, it will be sent to you.

Q11: Must I still submit claims based on earlier grouping and subsequent claim provisions?

A11: No. The new fee regulations apply to all claims received after June 13, 2002. The earlier claim grouping and subsequent claim criteria no longer apply when calculating fees under the new regulations.

Q12: Can a claim for a controlled product which is about to be sold or imported be added to a previously submitted single or multiple claim group? If so, what fees are applicable?

A12: There is no need. The revised fee structure no longer requires the grouping of claims for the determination of fees. Fees will now be based on whether the claims are original claims or refiled claims and the number of claims submitted at one time.