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Canada Revises CBI Exemption Rules for SDS, Effective April

from CIRS by

In April 2024, Health Canada declared modifications to the Hazardous Materials Information Review Act (HMIRA), aimed at streamlining the procedure for businesses to request exemptions for confidential business information (CBI) on Safety Data Sheets (SDS) and labels. These regulatory changes, which took effect on April 1st, are designed to enhance the efficiency of CBI submission timelines under the HMIRA.

New Deadline for CBI Claims Delivery

Number of claims filed in an application (original/refiled claims)Service delivery standard for the issuance of the registry number and communication on claim validity
1 to 1510 business days
16 to 2515 business days
26 and above20 business days

What is the Canadian CBI Claim Exemption?

This exemption mechanism enables businesses to confidentially protect trade secrets that are economically valuable and could lead to significant financial harm if disclosed. Upon approval, such information remains undisclosed, and businesses must compensate the Canadian government, which safeguards these details under HMIRA regulations.

Standards for Claim Fees

The initial application fee is USD 1,800. For multiple simultaneous filings, the first 15 applications cost USD 1,800 each, the next 10 are USD 400 each, and additional ones are USD 200 each.

The exemption remains effective for three years. Companies may opt out of CBI protection at any point during this period, should they find it unnecessary.

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