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The Year at a Glance

Claims for Exemption

As in past years, claims came principally from companies headquartered in Ontario and the United States. Claims are assessed against regulatory criteria which establish when a trade secret is deemed to exist. A valid trade secret claim permits the supplier to withhold or modify information that would normally be included in the product’s MSDS. All claims for which a decision was issued this year met the criteria.

The Commission continues to strive to meet its published service standards. Telephone enquiries were handled within 24 hours, and written enquiries within one week of receipt.

Appeals

The appeals process is seldom used, and only one new appeal was begun in 1998-1999. Each appeal may involve several order items issued by screening officers. Over the lifetime of the Commission, appeal boards have heard eight appeals and ruled on 51 order items issued by screening officers. Appeal board decisions have upheld the majority of these orders, however, a significant number have been modified or rescinded. Seven appeals have been withdrawn prior to issuance of a decision by the appeal board.

MSDS Violation Statistics

In recent years we have noted a positive trend in our analysis of MSDSs filed with claims for exemption, as screening officers find fewer violations. We believe that this is due to companies having more experience submitting MSDSs with their claims and more knowledge about what is required for compliance.