Order Fixing the Day on Which this Order is Published as the Day on Which Subdivision H of Division 9 of Part 4 of that Act Comes into Force: SI/2020-20

Canada Gazette, Part II, Volume 154, Number 6

Registration

SI/2020-20 March 18, 2020

BUDGET IMPLEMENTATION ACT, 2019, NO. 1

Order Fixing the Day on Which this Order is Published as the Day on Which Subdivision H of Division 9 of Part 4 of that Act Comes into Force

P.C. 2020-72 February 29, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 213 of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019, fixes the day on which this Order is published in the Canada Gazette, Part II, as the day on which Subdivision H of Division 9 of Part 4 of that Act comes into force, other than sections 206 to 212, which came into force on assent.

EXPLANATORY NOTE

(This note is not part of the Order.)

Order of the Governor in Council

Pursuant to section 213 of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019, which received royal assent on June 21, 2019, this Order in Council fixes the day on which it is published in the Canada Gazette, Part II, as the day on which Subdivision H of Division 9 of Part 4 of that Act comes into force, other than sections 206 to 212, which came into force on assent. These provisions amend the Hazardous Materials Information Review Act (HMIRA).

Objective

The purpose of this Order in Council is to bring into force sections 198 to 205 of the Budget Implementation Act, 2019, No. 1. These provisions modernize the HMIRA by streamlining the process for the review of claims for confidential business information (CBI) exemption, reassigning the authorities and some of the duties of the screening officers (including the Chief Screening Officer) to the Minister of Health, removing the appeal process, adding graduated enforcement tools, and allowing the disclosure of CBI to protect human health and safety or the environment from a significant risk.

Background

As part of the Workplace Hazardous Materials Information System (WHMIS), suppliers are required to disclose on safety data sheets footnote 1 the chemical name and concentration of hazardous ingredients in their products. When a supplier or an employer wants to be exempt from having to disclose certain information that they consider to be CBI, such as the chemical name of one or more trade-secret hazardous ingredients, they must file a claim for CBI exemption with Health Canada in accordance with the HMIRA.

The HMIRA is 32 years old, and since its introduction in 1988, the context and technology have dramatically changed. The amendments to the HMIRA, via the Budget Implementation Act, 2019, No. 1, streamlined the review process of claims for CBI exemption, reassigned the authorities of the Screening Officers to the Minister of Health, removed the appeal process, introduced graduated enforcement tools, and will now allow the disclosure of CBI to protect human health or safety or the environment from a significant risk.

Implications

This Order in Council is required to bring into force sections 198 to 205 of the Budget Implementation Act, 2019, No. 1, which amend the HMIRA.

Once these provisions come into force, they will apply to pending and new claims for CBI exemptions unless a transitional provision is applicable. Furthermore, the new requirements will also apply to claimants for CBI exemption that have been granted an exemption prior to the coming into force of those provisions.

Consultation

As lead of the targeted regulatory review process, the Treasury Board of Canada Secretariat requested stakeholders’ comments on regulatory modernization, from July 27 to September 15, 2018, through a publication in the Canada Gazette, Part I. footnote 2 Throughout the consultation process, stakeholders consistently raised several issues that cut across all sectors. Stakeholders raised the need for regulatory modernization and greater regulatory agility, an increased engagement with stakeholders, consideration of economic competitiveness and the cumulative impact of regulations, greater clarity and guidance on existing regulations, greater consideration of regulatory cooperation and harmonization, and innovation through experimentation. These general comments were considered where possible with regard to the legislative amendments to the HMIRA.

In addition to this, WHMIS stakeholders were consulted on three different occasions through the WHMIS Current Issues Committee footnote 3 and the Intergovernmental WHMIS Coordinating Committee. footnote 4 They have expressed overall support for the modernization of the HMIRA and, where possible, their feedback was considered and incorporated into the amendments to the HMIRA.

Departmental contact

Rosslynn Miller-Lee
Director
Workplace Hazardous Materials Bureau
Health Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0K9
Telephone: 613‑698‑5037
Email: Rosslynn.Miller-Lee@canada.ca