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 through product labels and material safety data sheets (MSDSs). Employers may 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 such information as 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 (CBI), such as 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 (HMIRC) in order to be exempt from having to disclose that information. A registry number, issued by HMIRC, is required to be shown on the MSDS and for certain claims, on 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 (HPA), 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 (CLC) or provincial/territorial occupational safety and health (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 on 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).

Preparing a Claim for Exemption

First steps:

1. Determine if the product is a controlled product within the meaning of the Controlled Products Regulations (CPR).

2. Determine if any of the information that is required to be disclosed on the MSDS or label is considered a trade secret or proprietary.

3. Make a determination as to whether to file a supplier claim under the Hazardous Products Act (HPA), or an employer claim under the Canada Labour Code (CLC) or provincial/territorial occupational safety and health (OSH) legislation.

4. Classify the product and prepare the required MSDS and label.

Next step:

5. Provide all the information necessary for HMIRC to register and review a claim for exemption. HMIRC has developed a new claim for exemption form which should be used for this purpose. This new form includes a section which automatically performs the calculation of fees for both "original claims" and for "refiled claims".

Last step:

6. Send the claim for exemption form, the MSDS (and in certain cases, the label) via courier or registered mail along with the applicable fees or credit card authorization information to HMIRC at the address below:

Hazardous Materials Information Review Commission
Client Services
427 Laurier Avenue West, 7th floor
Ottawa, Ontario
Canada K1A 1M3

Fee Structure

The following fees 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 that meets certain criteria is still available. Please consult the Hazardous Materials Information Review Regulations (HMIRR) to obtain more information.