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HMIRA Registration Guide: Protecting Trade Secrets on your SDS

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When marketing chemical products in Canada, compliance with the Hazardous Materials Information Review Act (HMIRA) is critical, especially if your Safety Data Sheets (SDS) or product labels omit or obscure chemical identities due to trade secrets. HMIRA provides a legal framework allowing suppliers and employers to protect Confidential Business Information (CBI) while still ensuring workplace safety.

What is HMIRA?

The Hazardous Materials Information Review Act (HMIRA) and its supporting Hazardous Materials Information Review Regulations (HMIRR) are administered by Health Canada’s Hazardous Materials Information Review Commission (HMIRC). The Act enables businesses to claim exemptions from full disclosure of specific chemical identities or concentrations on SDSs and labels, typically to safeguard proprietary formulations or sensitive information.

When to File a Trade Secret Claim

You must file a HMIRA trade secret claim if you intend to withhold the chemical name, or CAS number of an ingredient classified as hazardous to health under the Hazardous Products Regulations (HPR). These omissions are only permitted once you’ve submitted a formal application and obtained a HMIRA registration number.

The HMIRA Registration Process

  1. Prepare a Justification: Demonstrate that the ingredient in question qualifies as CBI and that disclosure would cause material financial loss or competitive harm.

  2. Submit an Application: Use the official HMIRA Claim for Exemption Form, available from Health Canada. Include all supporting documentation and pay the associated fee.

  3. Receive a Registry Number: Upon acceptance, your SDS or label must display a HMIRA registration number and the date the claim was filed.

  4. Respond to Decisions: Health Canada will review your application and may issue a decision that includes mandatory changes to the SDS or label.

  5. Maintain Records: HMIRA claims are valid for three years, after which they must be resubmitted for continued exemption.

SDS Requirements

Even with an exemption, your SDS must still:

  • Clearly state the mixture hazard classification under WHMIS 2015.

  • Include the HMIRA registration number and generic chemical name in place of the chemical identity.

  • Indicate the date the claim for exemption was filed.

Failure to comply can result in enforcement actions, including fines or mandatory disclosure.

More information available at Health Canada

For expert guidance on registrations, SDS authoring and label compliance, Contact Us.