Health Canada Announces Updates to Hazardous Materials Information Review Act for Confidential Business Information Exemptions

On March 26, 2024, Health Canada introduced significant changes to the Hazardous Materials Information Review Act (HMIRA) aimed at simplifying the process for companies seeking Confidential Business Information (CBI) exemptions for Safety Data Sheets (SDS) and labels. Effective April 1, these changes are intended to streamline the timelines for CBI submission under the HMIRA.

Understanding the Canadian CBI Claim Exemption:

The CBI claim exemption mechanism allows companies to protect trade secrets that have significant economic value. If disclosed, these could cause financial harm. Approved information remains protected, and companies must compensate the Canadian government for protecting these trade secrets under the HMIRA regulations.

Key Changes and Service Standards:

- The timeline for service standard will exclude the period during which an applicant provides additional information in response to Health Canada's request.

- New CBI service standards effective April 1, 2024, are listed in the table below together with the fees:   

Terminating an Exemption:

Companies may request termination of their CBI exemption at any time during the 3-year exemption period if:

- Confidential information is disclosed.

- Prescribed concentration ranges are used.

- The hazardous product is no longer sold or imported into Canada.