Hazardous Materials Information Review Regulations

Regulations Respecting Hazardous Materials Information Review Whereas the Minister of Consumer and Corporate Affairs has consulted with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deemed appropriate; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to paragraph 48(1)(a) of the Hazardous Materials Information Review Act*, is pleased hereby: to revoke Order in Council P.C. 1987-2720 of December 31, 1987**; and to make the annexed Regulations respecting hazardous materials information review. S.C. 1987, c. 30 (Part III) SOR/88-65, 1988 Canada Gazette Part II, p. 546 These Regulations may be cited as the Hazardous Materials Information Review Regulations. In these Regulations, Act means the Hazardous Materials Information Review Act; (Loi) CAS registry number[Repealed, SOR/2015-18, s. 1] electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. (document électronique) electronic signature means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document and that results from the application by a person of a technology or process that permits the following to be proved: the signature resulting from the use by a person of the technology or process is unique to the person; the technology or process is used by a person to incorporate, attach or associate the person’s signature to the electronic document; and the technology or process can be used to identify the person using the technology or process. (signature électronique) existing claim for exemption[Repealed, SOR/2002-235, s. 1] original claim means a claim for exemption that is filed by a claimant in respect of information relating to a hazardous product, but does not include a refiled claim. (demande originale) product identifier means the chemical name, common name, generic name, trade-name or brand name of a hazardous product. (identificateur de produit) refiled claim means a claim for exemption that is filed in respect of information relating to a hazardous product, that is filed by the claimant who filed the original claim relating to that product, and that is solely in respect of any of the information that, under subsection 19(2) of the Act, is or was previously exempt from disclosure in relation to that product. (demande représentée) subsequent claim for exemption[Repealed, SOR/2002-235, s. 1] [Repealed, SOR/2020-39, s. 1] For the purposes of section 29 of the Act, the prescribed medical professional is a nurse who is entitled under the laws of a province to practise nursing and who is practising nursing under those laws in that province. Subject to subsection (2), for the purpose of determining whether a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, the Minister must have regard exclusively to the following criteria: whether the information is not publicly available; whether the claimant has taken measures that are reasonable in the circumstances to ensure that the information remains not publicly available; and whether the information has actual or potential economic value to the claimant or to the claimant’s competitors because it is not publicly available and its disclosure would result in a material financial loss to the claimant or a material financial gain to the claimant’s competitors. For the purpose of determining that a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, but not for the purpose of determining that such a claim for exemption is not valid, the Minister must also, as a criterion, have regard to whether the money expended and the other business resources employed by the claimant to develop the information are substantial in the circumstances. For the purpose of paragraph (1)(a), information does not cease to be not publicly available by reason only that it is known to persons who have obtained the information in confidence, express or implied, and are obligated by contract or trust, express or implied, or otherwise by law or equity to maintain the confidentiality of the information; or possession of the information without colour of right or lawful authority. Subject to section 7, the fee required under subsection 11(3) of the Act to accompany an original claim is $1800, when only one original claim is filed; and when more than one original claim is filed at the same time, $1800 for each of the first 15 original claims filed, $400 for each of the next 10 original claims filed, and $200 for each original claim filed in addition to those referred to in subparagraphs (i) and (ii). [Repealed, SOR/2002-235, s. 2] Subject to section 7, the fee required under subsection 11(3) of the Act to accompany a refiled claim is $1440, when only one refiled claim is filed; and when more than one refiled claim is filed at the same time, $1440 for each of the first 15 refiled claims filed, $320 for each of the next 10 refiled claims filed, and $160 for each refiled claim filed in addition to those referred to in subparagraphs (i) and (ii). The fee required under subsection 11(3) of the Act to accompany a claim for exemption is one half of the fee required by section 4 or 5 if the claimant had a gross annual revenue of not more than three million dollars in the claimant’s fiscal year immediately preceding the fiscal year in which the claim is filed; and employs not more than 100 employees. A claim for exemption must be in writing, must bear the written or electronic signature of the claimant or a facsimile of that signature, must be dated by the claimant and must contain the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of the claimant; the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of an individual who can be contacted in respect of the claim, if the information is different from that required under paragraph (a); a statement identifying the claim as either an original claim or a refiled claim; a statement indicating whether the claimant is a supplier or an employer; if the claim is made by a supplier, a statement identifying the subject matter of the information for which the claim is made as being one or more of the following: in the case of a material or substance that is a hazardous product, the chemical name of the material or substance, the CAS registry number, or any other unique identifier, of the material or substance, or the chemical name of any impurity, stabilizing solvent or stabilizing additive in the material or substance that is known to the supplier, that, in accordance with the provisions of the Hazardous Products Act, is classified in a category or subcategory of a health hazard class and that contributes to the classification, in accordance with those provisions, of the material or substance in the health hazard class, in the case of an ingredient in a mixture that is a hazardous product, the chemical name of the ingredient, the CAS registry number, or any other unique identifier, of the ingredient, or the concentration or concentration range of the ingredient, and in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture; if the claim is made by an employer, a statement identifying the subject matter of the information for which the claim is made as being one or more of the following: the chemical name of any impurity, stabilizing solvent or stabilizing additive in the material or substance that is known to the employer, that, in accordance with the provisions of the Hazardous Products Act, is classified in a category or subcategory of a health hazard class and that contributes to the classification, in accordance with those provisions, of the material or substance in the health hazard class, the concentration or concentration range of the ingredient, in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture, the product identifier of a hazardous product, information in respect of a hazardous product, other than the product identifier, that constitutes a means of identification, and information that could be used to identify a supplier of a hazardous product; and the following in respect of the hazardous product that is the subject of the claim: its product identifier, if the claim is a refiled claim, the registry number of the preceding claim filed in respect of that hazardous product, if the claim relates to a material or substance, or an ingredient, an impurity, a stabilizing additive or a stabilizing solvent of the hazardous product, the generic chemical name of the material, substance, ingredient, impurity, stabilizing additive or stabilizing solvent, and the chemical name and, if any, the CAS registry number and any other unique identifier of all materials, substances, ingredients, impurities, stabilizing additives and stabilizing solvents in the hazardous product and their concentrations. A claim for exemption submitted under subsection (1) must not contain any false or misleading information. [Repealed, SOR/2020-39, s. 4] A claim for exemption must be filed by sending it by registered mail to the office responsible for the administration of the Act; in person by the claimant or the claimant’s agent by delivering it to the office responsible for the administration of the Act; or by transmitting it by any electronic means, including facsimile or electronic mail, to the office responsible for the administration of the Act, if it has the necessary facilities for accepting the secure transmission of the claim by that means. The Minister must assign a registry number to a claim for exemption as soon as possible after receiving a claim for exemption that is in accordance with section 8; the safety data sheet or label to which the claim for exemption relates; and the required fee. The Minister must mark each claim for exemption with a date of filing that is the same as the date on which a registry number is assigned to the claim under section 10. [Repealed, SOR/2020-39, s. 7]