Online application form for exemption requests under the HMIRA

Exemption from disclosing your hazardous products on SDS

According to the 2015 Hazardous Products Regulations (HPR), you must disclose all substances that are hazardous to health contained in your product in Section 3 of the Safety Data Sheet (SDS). The information to be provided includes its chemical identity, CAS registry number and actual concentration.

So what can you do to keep your commercial advantage, if your critical ingredients are classified as hazardous for health?

You have two options:

• Apply for a fee-for-service exemption under the HMIRA
• Use concentration ranges

Why choose an exemption?

Although the use of concentration ranges seems simple and quick at first glance, the rules of use are more complex than they seem. Contrary to popular belief, you cannot systematically reuse ranges as in the past. Only your critical ingredients can claim a  predetermined range in section 4.4.1 and it must contain the actual concentration. Under this option, you must also write "actual concentration is retained as a trade secret" immediately after the range. The chemical identity and CAS Registry Number will also need to be listed.

With an exemption, you can request that the concentration, exact chemical identity and CAS registry number be retained. You could choose a general name for your critical ingredient and, instead of the CAS registry number, you would enter your exemption number. The process is longer and more complex, but greater confidentiality will be obtained.

If you opt for this exemption, Health Canada has simplified the process with its new online form. This new completely electronic form allows  you to attach your explanatory files to it rather than going through a secure portal. You will also be able to make more than one request in a single form.  All fees related to applications are indicated on the form.

To assist you in your process, Health Canada has produced a user guide available to applicants. A 30-minute pre-recorded webinar is also available to help you fill out the form.

Please feel free to contact us for more details : 450 906-6999