11 HMIRA Confidentiality Claims Filed

Summary#

Health Canada published a notice that 11 claims for exemption were filed under the Hazardous Materials Information Review Act (HMIRA). The companies ask that some ingredient identities, concentrations and, in one case, the name of a toxicology study not be shown on safety data sheets (SDS) or labels while those claims are considered.

What it does#

• The HMIRA lets a supplier — and in some cases an employer — ask Health Canada to hide information they say is confidential business information (CBI) on an SDS or label.
• Claims can be made to avoid disclosure required under the Hazardous Products Act and the Hazardous Products Regulations, or under the Canada Labour Code / the Accord Act (for employers).
• Health Canada published a list of the recent filings. The claims cover:
  • chemical identity and/or concentration of ingredients, and
  • in one case, the name of a toxicological study.
• Companies named among the filers include 3M Canada Company, The Lubrizol Corporation, Dow Chemical Canada ULC, Evonik Corporation and Nalco Canada ULC, among others. The notice gives a registry number for each claim.

Who's affected#

• People who handle, buy or manage hazardous products: workplaces, safety officers and employers.
• Emergency responders and health professionals who use SDS information in a spill or medical situation.
• Suppliers and manufacturers that label or provide SDSs for these products.
• The public may be indirectly affected if less ingredient detail appears on publicly available labels or SDSs.
• The notice only records that claims were filed. It does not say whether Health Canada has accepted or rejected any claim.

Why it matters#

• SDSs and labels are primary tools for workplace safety and for emergency response. If some ingredient details are withheld, it can make hazard assessment and medical treatment harder.
• The HMIRA process exists to balance a company’s trade-secret claims with the public interest in health and safety. This notice is the first step: companies asked for confidentiality, and Health Canada will review those requests.