Exemptions for confidential business information for workplace hazardous products: Claim validity and registration

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Validating a claim

After receiving your claim through the online application form, we review it to ensure that it meets the validity requirements set out under the Hazardous Materials Information Review Regulations.

For a claim to be deemed valid, it must meet the following criteria:

We may also consider an additional criterion regarding investments in research and development to support a claim validity decision. This includes expenditures and other business resources that you employed to develop the product.
When reviewing your claim for exemption, we may find your claim:

  1. Valid: the confidential business information (CBI) requested in your claim meets the criteria.
  2. Partially valid: some of the CBI requested in your claim meets the criteria - you may only protect the CBI that was found to be valid.
  3. Invalid: none of the CBI requested in your claim meets the criteria and your claim for exemption is not granted.

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Exemption period

Exemptions are valid for a period of 3 years, beginning the day after all judicial reviews and appeals are exhausted. Exemption periods may be affected in the case of a suspension or cancellation.

You must inform us in writing of any changes in composition for any product that is subject to a 3-year exemption.

Registering a claim

After determining that your claim is valid or partially valid, we will issue a unique registry number. You must place this number on the product safety data sheet (SDS) (and label, if applicable), along with the date that the number was given to you.

We typically issue this information within 7 days of receiving the claim if your submission includes all the information required under the Hazardous Materials Information Review Act and its regulations.

If we determine that your claim is invalid, we will not issue a registry number and you must disclose all information that was the subject of the claim on your product's SDS (and label, if applicable).

Terminating an exemption

If you no longer need to protect your CBI, you may request to terminate your exemption at any time during the 3-year exemption period.

Reasons for terminating may include:

If one of these scenarios applies to your exemption, contact us to process your termination request.

Email: whmis.claim-demande.simdut@hc-sc.gc.ca

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