Hazardous Materials Information Review Regulations

8 (1) Subject to subsection (2), a claim for exemption shall be in writing and be signed and dated by the claimant, and shall contain

• (a) the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of the claimant;

• (b) the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of an individual who can be contacted in respect of the claim, if the information is different from that required under paragraph (a);

• (c) a statement identifying the claim as either an original claim or a refiled claim;

• (d) a statement indicating whether the claimant is a supplier or an employer;

• (e) if the claim is made by a supplier, a statement identifying the subject-matter of the information for which the claim is made as being one or more of the following:

  • (i) the chemical identity or concentration of an ingredient of a controlled product, and

  • (ii) the name of a toxicological study that identifies an ingredient of a controlled product;

• (f) if the claim is made by an employer, a statement identifying the subject-matter of the information for which the claim is made as being one or more of the following:

  • (i) the chemical identity or concentration of an ingredient of a controlled product,

  • (ii) the name of a toxicological study that identifies an ingredient of a controlled product,

  • (iii) the chemical name, common name, generic name, trade name or brand name of a controlled product, and

  • (iv) information that could be used to identify a supplier of a controlled product;

• (g) the information for which the claim is made;

• (h) in respect of the information for which the claim is made, the following:

  • (i) a statement indicating the number of employees, officers or directors of the claimant who have knowledge of or access to the information,

  • (ii) a statement indicating whether, to the knowledge of the claimant, any persons inside or outside Canada other than persons referred to in subparagraph (i) have knowledge of or access to the information and, if so and the number is known to the claimant, the number of those persons,

  • (iii) a detailed description of the measures implemented by the claimant in order to restrict knowledge of or access to the information, including the measures relating to site security, document security and computer security that have been implemented for that purpose, and

  • (iv) a statement indicating whether or not each person who, to the knowledge of the claimant, has knowledge of or access to the information has signed a confidentiality agreement in respect of that information;

• (i) the following in respect of the controlled product related to the claim:

  • (i) its product identifier,

  • (ii) if the claim is a refiled claim, the registry number of the preceding claim filed in respect of that controlled product, and

  • (iii) if the claim relates to an ingredient of the controlled product, the generic chemical identity and CAS registry number of the ingredient;

• (j) a statement indicating the amount of money expended or other business resources employed, if any, by the claimant to develop the information, and an explanation of why the claimant considers the money expended or the business resources employed to be substantial in the circumstances; and

• (k) one of the following estimates and explanations:

  • (i) an estimate of the material financial loss to the claimant that would result if the information for which the claim for exemption is made were disclosed, and an explanation of why the claimant considers that the financial loss would be material, or

  • (ii) an estimate of the material financial gain to the claimant’s competitors that would result if the information for which the claim for exemption is made were disclosed, and an explanation of why the claimant considers that the financial gain would be material.

(2) A statement or description referred to in paragraph (1)(h) is not required to be contained in a claim for exemption if

• (a) the statement or description would be identical to that contained in a claim previously filed by the claimant or in any other claim filed at the same time by the claimant;

• (b) the claim states that the statement or description is identical to that contained in the claim previously filed or in the other claim filed at the same time; and

• (c) the claim identifies the claim that contains the statement or description.

(3) A claim for exemption submitted under subsection (1) shall not contain any false or misleading information.