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Departmental Overview

Introduction

The Hazardous Materials Information Review Commission (HMIRC) was created as an independent agency in 1987 by proclamation of the Hazardous Materials Information Review Act. We are a small but important public sector institution charged with providing the trade secret mechanism within the Workplace Hazardous Materials Information System. The Workplace Hazardous Materials Information System is a national system contributing to the reduction of illness and injury caused by using hazardous materials in the workplace. The Workplace Hazardous Materials Information System delivers information using three key elements: material safety data sheets, labels and worker education programs.

HMIRC makes decisions on the compliance of material safety data sheets and labels within the Workplace Hazardous Materials Information System regulatory and legislative requirements. As a direct result of our work, national and international chemical companies have been afforded the ability to protect their industrial intellectual property assets. At the same time, our efforts to review material safety data sheets and labels and to disclose accurate health and safety information about hazardous chemicals, have directly contributed to a reduction in the risk of workplace related illness and injury.

Mandate, Roles and Responsibilities

Mandate

Under the authority of the Hazardous Materials Information Review Act and the provincial and territorial Occupational Safety and Health Acts, the Hazardous Materials Information Review Commission is an arm’s length administrative agency charged with carrying out a multi-faceted mandate to:

• formally register claims for trade secret exemptions, and issue registry numbers;
• issue decisions on the validity of claims for exemption using prescribed regulatory criteria;
• make decisions on the compliance of material safety data sheets and labels within the Workplace Hazardous Materials Information System requirements as set out in the Hazardous Products Act and Controlled Products Regulations and various provincial and territorial Occupational Safety and Health Acts; and
• convene independent, tripartite boards to hear appeals from claimants or affected parties on decisions and orders issued by the Commission.

A Model Partnership

As a vital independent agency committed to workplace safety, HMIRC plays a pivotal role in providing a mechanism whereby trade secret formulations can be maintained by industry while ensuring that full hazard disclosure can be afforded to workers in the workplace. To achieve the Commission’s mandate, our adjudicative efforts must result in a fair balance between the right of workers to be informed about the hazards of the chemicals to which they are exposed and the right of suppliers and employers to protect their bona fide trade secret information. Success in this dual role framework requires that we balance the tension inherent in being a strategic partner with industry on the one hand, and an advocate for worker health and safety on the other. This dual schallenge continues to define our essential role in Canadian society.

Background – Renewal

Mid-1997, industry was calling for changes to the Commission. The Commission’s Council of Governors, which oversees its work, authorized a consultant to review industry concerns. The consultant expressed the conclusions of his review in a report to Council. The Council of Governors endorsed 11 of the report’s recommendations unanimously but did not reach consensus on two others. The Council reported this to the Minister of Health in May 1998.

In October, the Minister requested that the President/CEO of the Commission conduct a more widespread renewal consultation with all interested parties. The Commission was eager to examine HMIRC’s operating procedures and working relationships. In a few intense months during the fall of 1998, Commission staff took stock of their experience in handling claims over 11 years, and developed ideas for renewal that more specifically addressed the issues raised by claimants.

Throughout this period of analysis and development there was extensive collaboration between Commission staff and the Council of Governors. Council provided valuable guidance and helped shape the vision. This critical contribution developed the consultation process and the conceptual framework that led to the Commission’s draft strategic plan. An integral part of the Commission’s strategic planning was the emergence of a three business line structure: Material Safety Data Sheet Compliance, Client Services and Dispute Resolution, from the former one business line approach to operations.

In January 1999, with Council’s endorsement to proceed, the Commission began consultations with its stakeholders using the Consultation Draft of the strategic plan. HMIRC’s goal was to create a strategic plan with the input and support of the stakeholders. The objective of the strategic plan would be the foundation on which to revitalize the Commission’s operations.

Three main consultations were undertaken over the winter months with stakeholder groups: Labour—Canadian Labour Congress National Occupational Safety & Health Workshop; Federal/Provincial/Territorial Government—Intergovernmental Workplace Hazardous Materials Information System Coordinating Committee; and Industry—HMIRC claimants.

In June 1999, the Commission submitted, for Council’s approval, the strategic plan entitled Commission Renewal: Blueprint for Change, which now incorporated the stakeholders comments. Council unanimously approved Blueprint and presented it to the Minister of Health, who in turn provided his endorsement in October 1999.

The Blueprint contains 29 action plans under the new three business line structure which will guide the direction of the Commission during the next three years. In November 1999, HMIRC published this document and mailed copies to all stakeholders.

The next logical step in the strategic planning process was the creation of an operational workplan to achieve the Blueprint’s strategic initiatives. The Workplan contains the detailed steps and was written entirely by Commission staff. The Council of Governors approved the Workplan in January 2000 and many of the projects are well underway.

One of the products of the Commission’s strategic planning process has been the development of a dialogue with industry and labour stakeholders on how we accomplish our goals using improved procedures and approaches.

The Commission is committed to assisting industry in achieving early compliance with the Workplace Hazardous Materials Information System requirements. It follows that early compliance means that workers have accurate health and safety information in a timely fashion. We are dedicated to providing service that is better and faster and to doing our job at a fair and reasonable cost.

What will not change is the dual role of the Commission in protecting trade secrets while ensuring that health and safety information in the workplace is accurate.

Responsibilities

The Commission is governed by a Council of Governors, consisting of members representing workers, suppliers, and employers, and the federal, provincial and territorial governments. The Council is responsible for making various recommendations to the Minister of Health, including changes to the regulations respecting the Commission’s fee structure.

The President and CEO is appointed by the Governor in Council, and as the Commission’s Chief Executive Officer, has the authority and responsibility to supervise and direct the organization’s work on a day-to-day basis. The President is accountable to the Council of Governors and the Minister of Health. The Vice-President of Operations has the authority and responsibility to supervise and direct the work within the Material Safety Data Sheet Compliance and the Client Services business lines. The Vice-President of Corporate Service and Adjudication, who is also the Chief Appeals Officer, has the authority and responsibility to supervise and direct the work within the Dispute Resolution Business Line.

Organization Chart Click on the above image if you wish to view it in full-size. WARNING: This will display the full-size image in a NEW browser window.

Departmental/Program Objective

The Commission’s departmental objective is to allow suppliers or employers involved with hazardous industrial materials to protect confidential business information concerning their products and at the same time to ensure that workers are provided with accurate safety and health information for these products.

External Factors Influencing the Department

There are numerous external factors influencing the Commission. The Commission seeks tripartite feedback from its stakeholders, who are comprised of:

• the Canadian worker
• the chemical industry
• federal/provincial/territorial governments

In carrying out our fundamental commitment to the workers’ right to know about the hazardous materials they encounter and the industry’s right to protect trade secrets, it is the Commission’s responsibility to ensure that the material safety data sheets and labels we review disclose accurate health and safety information concerning hazardous chemicals. HMIRC is committed to not only continuing but also enhancing this service.

We want to ensure that Canadian workers remain informed of and protected from all hazardous materials encountered in the workplace, and that employers have the supplier material safety data sheet information they require to prepare accurate workplace material safety data sheets. Simply put, Canadian workers’ right to know about safety in the workplace can only be achieved if the data on the material safety data sheets and labels is accurately conveyed.

The chemical industry has the right to protect legitimate confidential business information. The Workplace Hazardous Materials Information System program requires that manufacturers and suppliers provide employers with information on the hazards of materials produced, sold, or used in Canadian workplaces. A product’s material safety data sheet must fully disclose all hazardous ingredients in the product, its toxicological properties, any safety precautions workers need to take when using the product, and treatment required in the case of exposure. However, under the Hazardous Materials Information Review Act, a supplier or employer may file a claim for exemption with the Commission on the grounds that the information required to be disclosed is confidential business information.

Provincial, territorial and federal occupational safety and health legislation requires employers to provide labels, material safety data sheets and worker education and training programs. To ensure national consistency, each provincial, territorial and federal occupational safety and health agency established these requirements using an agreed upon Workplace Hazardous Materials Information System "model" based on occupational safety and health regulations.

Federal, provincial and territorial governments support the Commission’s efforts to respond to the interests of both labour and industry. The Workplace Hazardous Materials Information System co-ordinators in each province and territory represent the front line for administration of both Workplace Hazardous Materials Information System and HMIRC programs, and their expertise and knowledge are clearly linked to the work of the Commission. The Commission has continued to work with Health Canada’s Workplace Hazardous Materials Information System Development, Interpretation and Compliance Section to remain current on issues affecting the consistent application and interpretation of Workplace Hazardous Materials Information System legislation.

The Workplace Hazardous Materials Information System program is an integrated activity with many partners. The Commission will continue to work closely with the agencies responsible for enforcing Workplace Hazardous Materials Information System requirements: Health Canada, Human Resources Development Canada, and the various provincial and territorial occupational health and safety agencies and with our labour and industry stakeholders, to secure worker safety while supporting industrial innovation by protecting their commercial trade secrets.

HMIRC’s Council of Governors reflects the very nature of tripartite partnership with members representing workers, suppliers, and employers, and the federal, provincial and territorial governments.

Departmental Planned Spending