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How a Claim is Filed

Why Does a Claim for Exemption Have to Be Filed?

The Workplace Hazardous Materials Information System (WHMIS) requires that chemical suppliers provide employers with information on the hazards of materials produced or used in Canadian workplaces. This is accomplished by way of product labels and material safety data sheets (MSDS). Employers then use this information as the basis on which to prepare workplace MSDSs and labels, and provide worker training. A product’s MSDS must fully disclose all hazardous ingredients in the product, its toxicological properties, any safety precautions workers need to take when using the product and the first aid treatment required in the case of exposure.

When a supplier or employer wants to protect confidential business information, for example, the chemical identity of one or more trade secret hazardous ingredients, they must file a Claim for Exemption with the Hazardous Materials Information Review Commission in order to be exempt from having to disclose that information. A registry number, issued by the Commission, is required to be shown on the MSDS, and for certain claims, the label, for that product to be legally available on the Canadian market.

What Kinds of Information Can Be Claimed?

A supplier, within the meaning of the Hazardous Products Act, may file a claim in relation to:

• the chemical identity and/or concentration of a trade secret hazardous ingredient (ordinarily required to be disclosed on the MSDS);
• the name of a toxicological study that identifies a trade secret hazardous ingredient (ordinarily required to be disclosed to, and upon the request of, an inspector, customer or user).

An employer who is subject to the Canada Labour Code or provincial/territorial OSH legislation may claim for:

• the chemical identity and/or concentration of a trade secret hazardous ingredient (ordinarily required to be disclosed on the MSDS);
• the name of any toxicological study that identifies a trade secret hazardous ingredient (ordinarily required to be disclosed to, and on the request of, an inspector, worker, health and safety representative, etc.);
• the name of a controlled product (ordinarily required to be disclosed on the MSDS, and the label);
• information that could be used to identify the supplier of a controlled product (ordinarily required to be disclosed on the MSDS and, in certain cases, the label).

Steps To Completing an Application for a Claim for Exemption

1. Make a determination as to whether to file a supplier claim under the Hazardous Products Act, or an employer claim under the Canada Labour Code or provincial/territorial occupational safety and health act.
2. Determine if the product is a controlled product within the meaning of the Controlled Products Regulations.
3. Classify the product and prepare the required MSDS and label.
4. Determine if any of the information that is required to be disclosed on the MSDS or label is considered a trade secret or proprietary.
5. Provide all the mandatory information required under Section 8 of the Regulations Amending the Hazardous Materials Information Review Regulations. The Commission has developed a new Application for a Claim for Exemption which should be used for this purpose. The new Application includes a section for the calculation of fees for both “original claims” and for “refiled claims”.

New Fee Structure

A new fee structure for claims for exemption came into force on June 13, 2002. The previous grouping and ingredient-based fee structures are no longer in effect. For more specific details, please refer to the Regulations as published in Part II of the Canada Gazette on July 3, 2002.

The following fees now apply to each submission and are based on the number of claims of each type 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.

New Refund Policy

The Hazardous Materials Information Review Commission (HMIRC) has a new refund policy which takes effect immediately.

The Commission undertook a revision of its refund policy to ensure consistency with HMIRC’s revised fee schedule, implemented in June 2002. As part of its renewal initiative in the late 1990s, the Commission responded to stakeholders concerns by revising its fees with a view to reducing complexity and easing the administrative burden for claimants. In addition, the Commission wanted to bring its fee schedule in line with the Government of Canada’s External Charging Policy, formerly the Cost Recovery and Charging Policy. The latter required distinguishing between private benefit and public good activities and charging for private benefit activities only.

This new refund policy meets Government of Canada’s policy requirements as well as the Financial Administration Act which defines the return of money based on the principle of purpose being fulfilled rather than on the activities performed. Since a claimant receives full private benefit, ie. allows the product to be sold in Canada as soon as a registry number is assigned, the Commission will no longer issue refunds for claims withdrawn after registration.

Any further information regarding this policy may be obtained by contacting the Commission via e-mail at hmirc-ccrmd@hc-sc.gc.ca or by calling our general number at (613) 993-4331 and asking for Client Services.