Home / Publications On-Line / Information Bulletins / Information Bulletin 3 / Common Questions and Answers /

Common Questions and Answers

Q1: My claim for exemption was found valid. Is this a permanent exemption?
A1: No. Where the claim was determined to be valid, you have an exemption for three years beginning on the date the decision was rendered or, if an appeal was filed, the date of resolution of the appeal. After this 3-year period, you must file again.

Q2: How will I know that the exemption period is about to expire? What must I do to maintain the protection of my CBI?
A2: You have the primary responsibility to manage your exemptions to disclosure requirements granted under the Hazardous Materials Information Review Act or occupational health and safety acts. Yet, it is the administrative policy of the Commission to advise claimants in writing, in advance, when the exemption period respecting their active claims is due to lapse so that claimants may take the necessary action to reapply. To maintain the protection of your CBI, you are required to file a new claim for exemption with the Commission.

Q3: Is it necessary that I receive such a notice before acting on a reapplication?
A3: No. The notice is only a reminder. It is incumbent upon the claimant to ensure compliance with WHMIS requirements.

Q4: What happens should I decide not to reapply?
A4: Upon expiry of the exemption period, the registry number associated with your product claim is no longer valid. Should you decide not to file, you have two options:

1. disclose the CBI, replacing the generic chemical identity with the true chemical identity, the CAS Registry Number, and concentration, if previously claimed, and remove the HMIRC Registry Number and date of decision from the material safety data sheet (MSDS); or
2. withdraw the product from the Canadian market and/or your own workplace.

Q5: When should I reapply? Can I file after the expiration of my exemption period?
A5: To maintain the protection of your CBI, it is in your best interest to file your claim for exemption prior to the expiry of the current claim. Once the exemption period has lapsed, and if you have not filed with the Commission but are still selling the product without having disclosed your CBI, then you are in non-compliance with WHMIS requirements.

Q6: What is involved in making a reapplication?
A6: The steps required to make a reapplication are the same as for an original application. The latest product MSDS must accompany your claim along with the required fee. Please note that revised regulations came into effect June 13, 2002. These revisions provide for a reduced fee for refiled claims. The new Application for a Claim for Exemption has been developed to incorporate these changes. To help the Commission readily identify your claim reapplication (refiling), it would be appreciated if you could also complete the Claim Reapplication Cover Sheet which was sent to you along with the advisory notice informing you of the expiry of your exemption.

Q7: Will I be able to use the same registry number?
A7: No. The registry number assigned to your claim was provided specifically for that particular product claim filing. Though the reapplication may be for the same product, with an identical product formulation, it requires the filing of a new claim. Consequently, there will be a new registry number issued for the new claim filing.

Q8: What is the required fee for a reapplication?
A8: Revised regulations which came into effect June 13, 2002, now provide for a reduced fee for refiled claims. The fees applicable to refiled claims are:

1. $1,440 for each refiled claim up to 15 refiled claims in one submission (1–15).
2. $320 for each of the next 10 refiled claims in one submission (16–25).
3. $160 for each refiled claim submitted above 25 refiled claims in one submission.

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

Q9: If the information in support of a claim which I am refiling has not changed, must I provide it again?
A9: Subsection 8(2) of the revised regulations which came into effect June13, 2002 include provisions 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 as this information is required to determine if the refiling meets the criteria to be considered as a “refiled claim”.

Q10: May I group a claim which is a reapplication, with an original claim for a new product, and file them both at the same time at the reduced fee?
A10: The complex grouping provisions which were in effect under previous regulations are no longer in effect. Additional ingredient-based fees have also been discontinued. The new fee regulations which came into effect on June 13, 2002 provide for one fee schedule for “original claims” and a second reduced fee schedule for “refiled claims”.

Q11: May I reapply utilizing the subsequent claim provisions set out in Subsection 4(1) of the regulations?
A11: The “subsequent” claim and grouping provisions of previous fee schedules have been discontinued.