Hazardous Materials Information Review Act

Marginal note:Claim for exemption by supplier

• 11 (1) Any supplier who is required, either directly or indirectly, pursuant to the provisions of the Hazardous Products Act, to disclose

  • (a) the chemical identity or concentration of any ingredient of a controlled product, or

  • (b) the name of any toxicological study that identifies any ingredient of a controlled product

  may, if the supplier considers such information to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section.

• Marginal note:Claim for exemption by employer

  (2) Any employer who is required, either directly or indirectly, pursuant to the provisions of the Canada Labour Code, to disclose

  • (a) the chemical identity or concentration of any ingredient of a controlled product,

  • (b) the name of any toxicological study that identifies any ingredient of a controlled product,

  • (c) the chemical name, common name, generic name, trade-name or brand name of a controlled product, or

  • (d) information that could be used to identify a supplier of a controlled product

  may, if the employer considers such information to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section.

• Marginal note:Manner of filing claim and fee payable

  (3) A claim for exemption shall be in such form and be filed in such manner as is prescribed and shall be accompanied by the prescribed fee or a fee calculated in the manner prescribed.

• Marginal note:Contents of claim

  (4) A claim for exemption shall contain the information in respect of which the exemption is claimed and such other information as is prescribed and shall be accompanied by the material safety data sheet or label to which it relates.

• Marginal note:Restriction

  (5) Where a supplier or an employer files a claim for exemption in accordance with this section and the final disposition of the proceedings in relation to the claim is that the claim or a portion of the claim is not valid, the supplier or employer, as the case may be, is not entitled to file any other claim for exemption in relation to the information in respect of which the claim or portion of the claim was determined to be invalid.