Statement of Decisions and Compliance Undertaking

The validity of the claim and the compliance of the safety data sheet (SDS)/label is communicated in writing in the Statement of Decisions (SoD). Should a claim or a portion of a claim, in relation to a hazardous ingredient, be ruled invalid, an order is issued to the claimant to disclose the information which has been ruled ineligible for a claim for non-disclosure (Hazardous Materials Information Review Act (HMIRA) subsection 16(1)).

Where the SDS/label does not meet Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR) (or Controlled Products Regulations during transition period) requirements, the SoD outlines the specific corrective changes that need to be made. A claimant may voluntarily comply with the corrective measures within 30 days of the decision (referred to as an undertaking). To take advantage of the undertaking, the claimant must sign that they accept the decision of non-compliance, and provide a revised copy of the SDS/label containing all corrective changes indicated in the SoD. Health Canada will review the information submitted and, if satisfied, will accept the undertaking.

If the claimant does not return a signed copy of the undertaking and/or submit a compliant SDS/label within the specified time period, a formal order will be issued.

All undertakings and orders are published as a formal notice in the Canada Gazette and specify the time period in which the necessary changes must be completed. These are referred to as Notices of Decisions (NoD). The order includes a requirement for the claimant to provide a copy of the amended SDS to Health Canada. Failure to comply with orders may result in further enforcement actions.

Corrective measures for administrative non-compliances

The NoDs only list the non-compliances that are required to be published, as per 18(1)(a)(ii) of the HMIRA. The non-compliances that fall outside the scope of what is required to be published are collectively referred to as “administrative non-compliances.”

List of administrative non-compliances observed to date and the corrective measures required, as provided to the claimants in their SoD
Description Corrective measures

No link between confidential business information and HMIRA claim

Amend the SDS to disclose the HMIRA registry number, a statement indicating that an exemption has been granted, and the date of the decision granting the exemption.

Actual concentration or concentration range not included on SDS

If it is determined that the actual concentration or actual concentration range is confidential: Amend SDS to disclose a reference to the HMIRA claim for exemption in lieu of the actual concentration/concentration range of the ingredient(s)

If the concentration is not confidential: Amend the SDS to disclose the actual concentration or concentration range of the ingredient(s)

Unit of concentration

Amend the SDS to disclose an acceptable unit of concentration.

Recommended use unclear

Amend the SDS to disclose a more specific recommended use.

Description of product’s physical state/colour

Amend the SDS to disclose an accurate product colour/physical state.

Not all confidential ingredients linked to the HMIRA Registry Number

Amend the SDS to disclose a clear link between all of the applicable confidential business information and the HMIRA registry number.

Generic chemical name inconsistent between HMIRA claim and SDS

Amend the SDS to disclose a generic chemical name that is consistent with the HMIRA claim for exemption for the confidential ingredient(s) that is/are subject to the exemption.

Concentration range on the SDS does not encompass actual confidential concentration (or concentration range) as provided in the HMIRA claim

Amend the SDS to disclose an acceptable concentration range for the specific confidential concentration (or concentration range).

SDS Headings – Incorrect Format

Amend the SDS to disclose the correct heading(s) as set out in Schedule 1 to the HPR.

SDS Headings – Wrong Order

Amend the SDS to disclose the appropriate heading(s) in the correct order as set out in Schedule 1 to the HPR.

SDS Headings – Item Number Missing

Amend the SDS to disclose the relevant item number directly before each heading.

Unnecessary information – Non-hazardous ingredients claimed as confidential business information 

Amend the SDS by removing the link between the non-hazardous confidential ingredient and the HMIRA registry number.

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: