Reminders

In the course of HMIRC's pre-registration evaluation of claims, staff have noted a number of areas where claimants appear to have difficulty. Frequently, the work to resolve errors and omissions in forms leads to delays in the issuance of registry numbers and the processing of claims. Here are a few reminders to help claimants avoid such delays:

• Before you consider filing a claim, make sure that the product in question is a “controlled product” within the meaning of the HPA and the Controlled Product Regulations (CPR). Prepare the MSDS or label in accordance with WHMIS requirements.
• Ensure that each controlled product with a unique formulation has a unique product identifier (e.g. trade name, brand name, etc.). Different package sizes for the same controlled product do not require different product identifiers. If a controlled product has more than one product identifier, a separate claim must be filed for each one. Claims may be grouped for fee purposes, and where this is done, all the product identifiers must be listed in Part II of the Claim for Exemption Form .
• Familiarize yourself with the claim validity criteria found in Section 3 of the HMIRR.
• Ensure that all necessary MSDSs (and for certain employer claims, labels) accompany the form when the form is sent to HMIRC.
• Ensure your submission includes an MSDS for each controlled product. A generic MSDS, which lists all of the controlled products covered by it, is permitted by the CPR.
• Remember: if you have an emergency telephone number, the CPR requires that it be listed on all MSDSs.
• Ensure that the product identifier, together with the GCIs of the trade-secret hazardous ingredients, Chemical Abstracts Service (CAS) registry numbers, real chemical identities and concentrations are properly identified in Part VII of the form.
• Section 16 of the HPA requires that the GCI of a claimed CBI ingredient be shown on the MSDS. Expressions such as “IDL Substance, Proprietary Information, etc.” are not acceptable for this purpose. GCIs of claimed trade-secret ingredients must be chosen with as much precision as possible without divulging their full chemical identity. See HMIRC's Information Bulletin 1 for more detailed information on how to choose a suitable GCI.
• Ensure that claimed trade-secret information is disclosed only in Part VII of the form, never in Part II.
• Should you consider any of the information contained in Parts I to VI to be of a confidential nature, remove from the form and place into the sealed envelope containing Part VII (CBI).

Date Modified: 2010-12-15

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