Hazardous Materials Information Review Act

Marginal note:Claim for exemption by supplier

• 11 (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Minister a claim for exemption in accordance with this section:

  • (a) in the case of a material or substance that is a hazardous product,

    • (i) the chemical name of the material or substance,

    • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

    • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

  • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

    • (i) the chemical name of the ingredient,

    • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

    • (iii) the concentration or concentration range of the ingredient; and

  • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture.

• Marginal note:Claim for exemption by employer

  (2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose it by filing with the Minister a claim for exemption in accordance with this section:

  • (a) in the case of a material or substance that is a hazardous product,

    • (i) the chemical name of the material or substance,

    • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

    • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

  • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

    • (i) the chemical name of the ingredient,

    • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

    • (iii) the concentration or concentration range of the ingredient;

  • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

  • (d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;

  • (e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and

  • (f) information that could be used to identify a supplier of a hazardous product.

• Marginal note:Manner of filing claim and fee payable

  (3) A claim for exemption must be in the prescribed form, be filed in the prescribed manner and be accompanied by the prescribed fee or a fee calculated in the prescribed manner.

• Marginal note:Contents of claim

  (4) A claim for exemption must be accompanied by the safety data sheet or label to which the claim relates and must contain

  • (a) the information in respect of which the exemption is claimed;

  • (b) a declaration stating that the claimant believes that the information in respect of which the exemption is claimed is confidential business information that meets the criteria prescribed under paragraph 48(1)(a) and that information substantiating the claim — as specified in the regulations — is in the possession of, or is available to, the claimant and will be provided on request;

  • (c) a summary of the information substantiating the claim; and

  • (d) any other prescribed information.

• Marginal note:Restriction

  (5) If a supplier or an employer files a claim for exemption in accordance with this section and, after all judicial reviews and appeals are exhausted, 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.