Modernization of the HMIRA

 In Product Safety

By: Kirsten Alcock, Manager of Product Safety, email

Two weeks ago at the Society for Chemical Hazard Communication (SCHC) conference in Washington DC, Kim Godard and Véronique Lalonde gave an update on the regulatory initiatives currently in process at Health Canada. One of the main initiatives forthcoming is the “Modernization of the Hazardous Materials Information Review Act (HMIRA)”.

Bill C-97 received Royal Assent on June 21st of this year. The Bill contained proposed amendments to the HMIRA. There were three main objectives:

  1. Process Improvements:
    Looking to streamline the process and provide flexibility in the communication of decisions by the government to the applicants.
  2. New Tools:
    Suspension and cancellation powers as well as disclosure of the CBI when needed to address health emergencies.
  3. Results:
    Health Canada is looking to provide applicants with more predictable/faster decisions and promote good corporate behaviour.

Their areas of focus include but are not limited to modernizing the publication of the information such as removing the need to use the Canada Gazette to communicate. They are hoping to repeal the requirement to use registered mail as well.

The Health Canada representatives then provided a Confidential Business Information (CBI) Protection Process Map outlining the key steps in protecting CBI for products for sale to workplaces in Canada.

Do you have a component you would like to claim as Trade Secret in Canada? We are experts in guiding you through the process to ensure that your submission goes through smoothly. Not only can we help you with your submission, we can write the Canadian compliant Safety Data Sheet (SDS) that you are REQUIRED to include with your submission as well.  Sending in a US SDS will not meet the requirements for Canada. The SDS must meet not only all of the requirements set out in Schedule 1 for the format, but the SDS must also be following GHS version 5 statements unless noted otherwise in the Hazardous Products Regulations (HPR).

As with the other information out of Health Canada two weeks ago, we will keep you all updated as news becomes available. For now it is business as usual. Canadian SDSs will continue to need HMIRA numbers if you plan on claiming trade secrets for Chemical Names or CAS numbers. If you are not currently writing your SDSs to comply properly with our current Trade Secret regulations and need our help, do not hesitate to contact us. We’d be happy to walk you through the process, prepare the SDS, and send in your submission knowing that you are complying with what is required within Canada.

Dell Tech
Kirsten Alcock, B.Sc. (Hons)
Manager, Product Safety Group

Dell Tech has provided professional, confidential consulting services to the chemical specialty industry in Canada, USA, Europe, and Asia for the last 39 years. Contact us today for more information.

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