HMIRA Receives Royal Assent
By: Kirsten Alcock, Manager of Product Safety, email
The amendments to the Hazardous Materials Information Review Act (HMIRA) received Royal Assent on June 21, 2019, and came into force on March 18, 2020. The link to the Canada Gazette publication can be found here.
The amendments to HMIRA include some of the following:
- The requirement to publish information on claims for exemption filed under the HMIRA in the Canada Gazette has been removed.
- A risk-based approach to the review of SDSs and labels will allow Health Canada to prioritize the review.
- The ability to suspend or annul an exemption under the HMIRA has been added.
- The ability to disclose confidential business information in certain situations when it is in the interest of human health/safety, or the environment, has been added.
- The requirement to use registered mail to communicate with claimants was removed.
- The authority to remit all or part of any fee prescribed under the regulations as been granted to the minister.
- The appeals process under the HMIRA was removed and the related Hazardous Materials Information Review Act Appeal Board Procedures Regulations were repealed.
- The responsibilities, duties and authorities of the screening officer and Chief Screening Officer were re-assigned to the Minister of Health and are delegated to the appropriate position in the Consumer and Hazardous Products Safety Directorate.
If you are interested in claiming trade secret in Canada, the chemical identity and CAS number of any hazardous ingredient(s) on the SDS can be claimed as Confidential Business Information (CBI). This process is done through an HMIRA Claim For Exemption Registration must be filed and approved by Health Canada. I wanted to remind you that the cost for an application will be going up April 1st. If this is something that interests you and your company, you will want to act quickly. The fees associated with HMIRA claims for exemption are subject to an annual fee adjustment in accordance with the Service Fees Act (SFA). Health Canada selects April 1st of every year as the anniversary date for the annual fee adjustments. If you’d like to take advantage of these lower fees, you will need to have all your paperwork in now.
HOW DELL TECH CAN HELP:
- Develop Generic Chemical Identity (GCI) for the ingredient(s) you with to claim as CBI
- Prepare and submit a complete registration package to HMIRA on your behalf
- Provide guidance on the payment authorization and fee structure
- Prepare the SDS for the product submission