2022 Manitoba Workplace Safety and Health Act and Regulation

Interim exclusions from labels and employer safety data sheets
35.19(1) An employer may exclude the following information that the
employer considers to be confidential business information from
the label and the safety data sheet for a hazardous product, as
otherwise required under this Part, in the following circumstances:
(a) the information described in clause (a) or subclause (b)(i) or (ii)
of the definition “confidential business information”, but only
if the employer
(i) files a claim for exemption under clause 11(2)(a) or
subclauses (b)(i) or (ii) of the Hazardous Materials 
Information Review Act (Canada) in respect of that
information, and

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(ii) prepares a safety data sheet for the hazardous product
that discloses the following in place of the information
elements listed in clauses 3(1)(a), (b), (c) and (d) or 3(2)
(a), (b) and (c) of Schedule 1 of the Hazardous Products 
Regulations:
(A) in the case of a hazardous product that is a material
or substance, the generic chemical name of the
material or substance,
(B) in the case of a hazardous product that is a mixture,
the generic chemical name of each material or
substance in the mixture that, individually, is
classified in any category or subcategory of a health
hazard class and is present above the applicable
concentration limit or is present at a concentration
that results in the mixture being classified in a
category or subcategory of any health hazard class;
(b) the information described in subclause (b)(iii) of the definition
“confidential business information”, but only if the employer
(i) files a claim for an exemption under the Hazardous 
Materials Information Review Act (Canada) from
disclosing the concentration or concentration range of
an ingredient that is in a mixture that is a hazardous
product, and
(ii) prepares a safety data sheet for the hazardous
product that does not disclose that concentration or
concentration range;
(c) the information described in clause (d) of the definition
“confidential business information”, but only if the employer
(i) files a claim for exemption under subsection 11(2)(d)
of the Hazardous Materials Information Review Act
(Canada) in respect of that information, and
(ii) prepares a safety data sheet for the hazardous product
that discloses, in place of the product identifier, a code
name or code number for the product;
(d) the information described in clauses (c), (e) and (f) of the
definition “confidential business information”, but only if the
employer files a claim for an exemption under the Hazardous 
Materials Information Review Act (Canada) in respect of that
information.

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