Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

HPA Section 10 - Disclosure

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Disclosure

10.(1) Where the Minister has reason to believe that a product, material or substance is a product, material or substance that may be added to Part I or II of Schedule I by an order made pursuant to subsection 6(1), the Minister may, by registered mail, send a written notice to any manufacturer of the product, material or substance requesting the disclosure of information relating to the formula, composition, chemical ingredients or hazardous properties of the product, material or substance and such other information as the Minister deems necessary for the purpose of determining whether the product, material or substance is or is likely to be a danger to the health or safety of the public.

(2) Every manufacturer to whom a notice referred to in subsection (1) is sent shall disclose to the Minister, in the manner and within the period specified in the notice, any information described in subsection (1) that is requested in the notice and is in the possession of the manufacturer.

(3) Information received by the Minister from a manufacturer pursuant to subsection (1) is privileged and shall not be disclosed to any other person except as may be necessary for the administration or enforcement of this section or for the purposes of section 6.

Interpretation / Discussion of Section 10

In practice, the authority given to the Minister in section 10 is rarely used. Signing authority for letters requesting disclosure has not been delegated to anyone other than the Minister. In most cases, manufacturers voluntarily provide the necessary information.

The Minister may, by written notice, require a manufacturer to disclose the formula, composition or ingredients of a product, and other such information as is considered necessary to determine the likelihood of a danger to health or safety. Such information is privileged and cannot be disclosed to any person, except for the purposes of administering or enforcing section 10 and amending Schedule I to the Act (section 6). Any other disclosure would be an offence, the maximum penalty for which is prescribed in section 28 of the Act.

Information provided under subsection 10(3) is given legal protection from disclosure under the Access to Information Act. Certain other information (e.g., trade secrets of a third party) is also given the same protection. Reference should be made to the Access to Information Act for exact details.

Any requirement to provide information applies only to information which the manufacturer, importer, etc. already has in his or her possession. There is no requirement in the Act obliging the manufacturer, importer, etc., to have such information on hand, or to seek or obtain information from another source for transmission to the inspector or Minister.