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Annual Report 2002–2003

Right to information and trade secrets protection: A balancing act

The Hazardous Materials Information Review Commission (HMIRC), an independent agency accountable to Parliament through the Minister of Health, ensures a balance between industry’s right to protect confidential business information and the right of workers to know about the hazardous materials they deal with in the workplace.

Chemical suppliers are required to provide employers with information on the hazards of materials produced or used in Canadian workplaces. Suppliers must disclose the health and safety risks associated with their products, together with instructions for safe handling, storage, transportation, disposal and first-aid treatment. This information is conveyed by the product’s mandatory material safety data sheet (MSDS) and label, and may be used by employers to prepare workplace MSDSs and labels and as part of workplace safety education.

When suppliers or employers want to protect confidential business information, such as the chemical identity of one or more trade secret hazardous ingredients, they must file a claim for exemption with HMIRC. The Commission rules on whether the claim is valid under the Hazardous Materials Information Review Act. It also determines whether the MSDS and label comply with the requirements of the Workplace Hazardous Materials Information System (WHMIS), a wide array of laws, regulations and procedures designed to minimize workplace injury and illness from the use of hazardous chemicals.

The Commission is governed by a tripartite Council of Governors representing industry, labour, and the federal, provincial and territorial governments.