Registration Procedures

What Is the Claim Registration Procedure?

The Client Services Division of the Hazardous Materials Information Review Commission (HMIRC) is responsible for the registration of claims for exemption and for maintaining the security of all claim-related documents - in particular, claimed confidential business information (CBI). The claims registration function includes the receipt of the Claim for Exemption Form (Opens in a new window) [PDF, 111 Kb], a preliminary check of the MSDS (and label, for certain employer claims) for the controlled product in question, and the collection and verification of fees. Once the submission is reviewed and found complete, it is assigned to a screening officer. A unique registry number is then assigned to the claim and notification is sent to the claimant, indicating the registry number and the date of filing. The claimant must then place this information on the relevant MSDS/label, in place of the claimed confidential business information (CBI), also called trade secret information.

Every four months or so, a notice of filing is published in the Canada Gazette, which gives any affected party the opportunity to provide a written submission to the screening officer with respect to the claim for exemption and the MSDS (or label, for certain claims) associated with the claim.

Later in the process, the claim undergoes a thorough in depth review by the screening officer, who will decide whether the claim for exemption is valid, and whether the MSDS (or label, in some cases) submitted with the claim complies with the Hazardous Products Act (HPA) and the Controlled Products Regulations (CPR) or, in the case of an employer claim, other applicable federal or provincial/territorial occupational safety and health requirements. (For details, see How a Claim is Evaluated.)

What do I need to provide?

A screening officer may require a claimant to provide additional information, for the purpose of substantiating a claim for exemption from the disclosure of confidential business information (CBI). When submitting a claim for exemption, please ensure you have this information available. See Substantiating Information for more details.

Summary of Information Subsection 11(4) of the Hazardous Materials Information Review Act (HMIRA) was amended to allow claimants to submit a summary of the information that supports their claim. Below is the minimum information that a claimant is expected to include in the summary of information:

• That the claimed information is confidential to the claimant;
• That the claimant has taken adequate measures to maintain the confidentiality of the information;
• That the claimed information has actual or potential economic value, either to the claimant or to the claimant's competitor(s), because it is confidential business information (CBI) and a loss of confidentiality would result in a material financial loss ^[1] to the claimant, OR a material financial gain ^[1] to a competitor; and
• Where money or other resources have been spent to develop the claimed information, and where the claimant believes that such money or other resources were substantial in the circumstances, the claimant is expected to so declare.

[1]

In either case, the specific dollar amount must be provided by the claimant.

The screening officer will review the information contained in the summary of information against the existing criteria found in section 3 of the Hazardous Materials Information Review Regulations (HMIRR) and decide whether the claim is valid.