Exemptions for Confidential Business Information

Protection of Confidential Business Information for Workplace Hazardous Products

When a supplier or employer wants to be exempt from having to disclose Confidential Business Information (CBI), such as the chemical identity of one or more trade-secret hazardous ingredients, they must file a claim for exemption with Health Canada. Once a complete application is received, a Registry Number is assigned to the claim for exemption under the Hazardous Materials Information Review Act (HMIRA). The HMIRA Registry Number is required to be shown on the Safety Data Sheet (SDS) and, for certain claims, on the label for that product to be sold on the Canadian market or imported into Canada without disclosure of the CBI.

Health Canada administers the HMIRA and associated regulations by:

• Reviewing claims for the protection of CBI, filed under the HMIRA by suppliers or employers, subject to the Canada Labour Code
• Determining whether the claim, or a portion of the claim, was found to be valid according to the criteria set out under the Hazardous Materials Information Review Regulations (HMIRR)
• Evaluating the SDS and/or label associated with a CBI claim for compliance with the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR)
• Issuing decisions and Orders, when appropriate

In addition, Health Canada administers the trade secret mechanism for employers, offered by each provincial and territorial occupational safety and health jurisdiction, on their behalf.

For help with claims, please email whmis.claim-demande.simdut@hc-sc.gc.ca.