If your company has a Trade Secret claim protecting Confidential Business Information (CBI) on a Canadian SDS, there is an important compliance responsibility you should be aware of: monitoring the expiry date of your HMIRA exemption.
Unfortunately, HMIRA no longer sends expiry notifications to registrants. We are not sure when this practice stopped, but it is unfortunate that many companies have been caught off guard when they discovered that their HMIRA Trade Secret exemption had expired.
If your company relies on a Trade Secret claim to protect confidential ingredients or other Confidential Business Information on a Canadian SDS, now is a good time to check the status of your claim.
Does Your HMIRA Trade Secret Number Have an Expiry Date?
If you currently have a Trade Secret claim on your Canadian SDS, you should verify the status of your HMIRA claim and confirm the exemption expiry date.
An expired exemption can mean that you need to refile your HMIRA claim in order to continue protecting your Confidential Business Information and maintain your Trade Secret status on your Canadian SDS.
The good news is that checking your claim status is relatively straightforward.
Health Canada’s HMIRA database provides information about registered claims and exemptions, including:
- Registry Number (RN)
- Case Number
- Claimant Name
- Product Identifier
- Claim or exemption status
- Exemption expiry date
The database is updated regularly, making it an important resource for companies managing HMIRA Trade Secret claims in Canada.
You can check the status of your claim through Health Canada’s online database:
HMIRA Claims and Exemptions Database
If your company has multiple products or SDSs containing Trade Secret information, it is especially important to review each applicable claim and confirm that the HMIRA Registry Number (RN) remains active.
Don’t assume that your existing RN is still valid simply because it continues to appear on your SDS.
What Happens When an HMIRA Exemption Expires?
According to Health Canada, Confidential Business Information is protected for a three-year exemption period. If you want to continue protecting your CBI beyond that period, you may refile for another exemption.
Health Canada states: “You are responsible for monitoring the expiry of your exemption and ensuring that your refiled claim is submitted before this expiry date.”
This places the responsibility on the claimant to monitor the exemption rather than relying on an expiry notification from HMIRA. For companies with numerous Trade Secret claims, this can become an important part of their ongoing Canadian SDS compliance program.
One of the simplest ways to avoid being caught off guard is to establish an internal compliance calendar for your HMIRA claims.
We recommend setting reminders for each Registry Number at least 3 to 6 months before the exemption expiry date.
This gives your company sufficient time to:
- Review the existing claim
- Confirm that the Confidential Business Information is still applicable
- Gather the required documentation
- Obtain the most recent SDS and label, where applicable
- Complete the HMIRA refile application
- Pay the applicable fee
- Address any questions or requests from Health Canada
- Receive the new Registry Number before the existing exemption expires
Planning ahead can help prevent an expired Trade Secret claim from becoming an unexpected SDS compliance issue.
One important point that companies sometimes overlook is that you cannot reuse your old HMIRA Registry Number. If your refiled claim meets all filing requirements, including receipt of payment, Health Canada will issue a new Registry Number.
In other words, don’t simply update the expiry date on your existing documentation and continue using the old RN. A new approved exemption means a new HMIRA Registry Number.
If you have Trade Secret claims appearing on your Canadian SDSs, we recommend checking your HMIRA status today. If you need assistance reviewing your existing HMIRA Trade Secret claims, determining which exemptions are approaching expiry, or preparing a refile, don’t hesitate to reach out to us. We would be happy to help you navigate the process and keep your Canadian SDS documentation compliant.
Blog Author
Kirsten Alcock
Kirsten is a seasoned regulatory affairs and hazard communication professional with more than 25 years of industry experience. She holds an Honours Bachelor of Science in Zoology from the University of Western Ontario and is highly regarded for her expertise in authoring Safety Data Sheets and developing workplace and consumer labels that meet both Canadian and U.S. regulatory requirements.
