HMIRA CBI Amendments Come into Force

Summary#

This Order fixes the day it was published in the Canada Gazette, Part II — March 18, 2020 — as the day that Subdivision H of Division 9 of Part 4 of the Budget Implementation Act, 2019, No. 1 comes into force (except sections 206 to 212, which already came into force on assent). It brings into force sections 198 to 205, which change how confidential business information (CBI) claims are handled under the Hazardous Materials Information Review Act (HMIRA).

What it does#

• Brings into force sections 198 to 205 of the Budget Implementation Act, 2019, No. 1 on the day this Order was published (March 18, 2020).
• Those provisions amend the Hazardous Materials Information Review Act (HMIRA) to:
  • streamline the review process for claims that business information is confidential;
  • move some authorities and duties that belonged to screening officers (including the Chief Screening Officer) to the Minister of Health;
  • remove the appeal process for screening decisions;
  • introduce graduated enforcement tools (a range of enforcement options);
  • allow disclosure of CBI when needed to protect human health or safety or the environment from a significant risk.

Who's affected#

• Suppliers and employers who prepare or use safety data sheets under the Workplace Hazardous Materials Information System (WHMIS) and who claim CBI exemptions.
• People or companies holding existing CBI exemptions — the new rules may apply to previously granted exemptions unless a transitional rule says otherwise.
• The Minister of Health, and those who were screening officers, because authorities and duties shift.
• Workers, workplace safety representatives, and regulators concerned with hazardous-product information and emergency health or environmental protection.
• It is not fully clear from the Order whether any specific groups beyond those above will be affected differently; transitional details are not spelled out here.

Why it matters#

• The changes aim to modernize how trade-secret and other confidential information on safety data sheets is handled. That affects the balance between protecting business secrets and ensuring people have enough hazard information to stay safe.
• Allowing disclosure of CBI in cases of significant risk could make more health- or environment-critical information available in emergencies.
• Shifting decision power to the Minister of Health and removing appeals could speed up decisions but reduces formal review routes for claimants.
• The changes apply to pending and new claims, and possibly to past exemptions, so businesses and safety officers may need to check how their claims or permissions are affected.