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Policy Impact Analysis Statement – Disposal of Withdrawn/Expired (Closed) Claim File

All claims for trade secret exemption that have been filed with HMIRC since its inception are currently retained in the vault on the Commission’s premises. These files include claims that have been withdrawn, or have expired.

Storage space in the vault is rapidly diminishing; it would benefit the Commission if these closed claim files could be removed.

The National Archives of Canada has determined that closed claim files have no “historic significance,” and has agreed to handle the destruction of file contents. However, a small number of claimants have stated their wish to have certain documents returned to them.

The provisions of section 46 of the Hazardous Materials Information Review Act (HMIRA), deal with the privileged nature of information received from claimants, as well as the extent to which the Commission may release that information upon request from third parties i.e., federal/provincial/territorial OSH officials, and doctors/registered nurses.

In view of the fact that controlled products may remain in the workplace long after claim withdrawal or expiration, the Commission must remain in a position to respond to third-party requests for certain information in claim files. Note: The Commission has not received any requests of this nature since it began operations.