The aim of the Client Services Program is to assist industry in protecting confidential business information
(CBI) while allowing it to meet its obligation under WHMIS. The responsibilities within this area involve
the formal registration of claims for exemption, the issuance of registry numbers, and the security of
claim-related information. Regulatory criteria guide screening officers in making decisions on the validity of
claims.
2. |
Client Services Program – Action Plans
|
2.1 |
We will explore partnership opportunities with other federal, provincial and territorial
government departments and agencies, which have similar interests and objectives in the WHMIS
program.
|
2.1.1 |
By developing a list of possible partners through a survey of all HMIRC staff.
|
Importance
Low
|
Urgency
Medium
|
|
Lead: Client Services Division
When: January 2000
Support: All staff
|
Performance Indicator
List prepared
|
2.1.2 |
By prioritizing the list and proceeding to make contacts and initiate partnerships by mutual
agreement.
|
Importance
Low
|
Urgency
Medium
|
|
Lead: Client Services Division
When: April 2000
Support: Not required
|
Performance Indicator
Prioritized list prepared and contacts initiated
|
2.2 |
We will maintain a cost recovery approach by setting up the necessary infrastructures and seeking
appropriate authorities from Treasury Board. This will be done in coordination with the MSDS
Compliance Program. A new cost recovery model should be flexible enough to accommodate special
situations, such as test market and low-volume products.
|
2.2.1 |
By providing input on Cost Recovery (CR) to Corporate Services for purposes of Treasury Board
submission.
|
Importance
High
|
Urgency
High
|
|
Lead: Client Services Division
When: March 2000
Support: Operations Branch
|
Performance Indicator
Input provided to Corporate Services
|
2.2.2 |
By amending the Time Utilization Reporting System (TURS) to accommodate any changes to the CR
policy.
|
Importance
Medium
|
Urgency
High
|
|
Lead: Client Services Division
When: Ongoing
Support: Operations Branch
|
Performance Indicator
Revised TURS, as required
|
2.2.3 |
By exploring and developing a regulatory framework for handling claims for test marketing and low
volume products.
|
Importance
High
|
Urgency
High
|
|
Lead: Client Services Division
When: Dependent on the results of
item 4.2
Support: Operations Branch, Corporate Services Division,
Legal Services
|
Performance Indicator
Regulatory framework completed
|
2.3 |
We will continue to provide up-front information and assistance to claimants and potential
claimants.
|
2.3.1 |
By providing Communications with updated and accurate content information for use in various
Bulletins etc., and on the HMIRC Web site.
|
Importance
High
|
Urgency
Medium
|
|
Lead: Client Services Division
When: Ongoing
Support: Communications
|
Performance Indicator
Updated material provided
|
2.3.2 |
By conducting a HMIRC staff awareness update session on current claim registration processes to
enhance in-house understanding of processes, increase operational back-up capabilities, etc.
|
Importance
High
|
Urgency
High
|
|
Lead: Client Services Division
When: October 1999
Support: Corporate Services Division
|
Performance Indicator
Awareness session held October 1999
|
2.3.3 |
By seeking level of claimant interest in a workshop on how to file a claim.
|
Importance
High
|
Urgency
Low
|
|
Lead: Client Services Division
When: February 2000
Support: Corporate Services Division
|
Performance Indicator
Interest level determined
|
2.4 |
A system should be adopted where CBI exemptions are not permitted for certain hazardous
substances. This should be pursued through international harmonization discussions.
|
2.4.1 |
By participating in the WHMIS Harmonization Task Force.
|
Importance
High
|
Urgency
Low
|
|
Lead: HMIRC representative on Task Force
When: Ongoing
Support: Commission
|
Performance Indicator
Ongoing participation
|
2.5 |
Administrative practice should be amended to reduce the stringency of the burden of proof of
confidentiality. Claims for confidentiality should rest on a certification by the responsible
officer of the company with an accompanying short statement to support the confidentiality
attested. The attestation will be based on existing regulatory criteria for trade secrets
and the Commission must be able to verify the attestation. A mechanism must
be in place to allow the public to challenge the attestation and for the Commission to request the
substantiating information. The existing fee structure must continue to apply.
|
2.5.1 |
By exploring ways to implement an attestation approach as an alternative to Part IV of Form I,
including proposing possible statutory/regulatory amendments, while respecting the following:
- the ability of the Commission to audit attestations
- the ability of the public to challenge the attestation
- the duty of the screening officer under Section 13 of HMIRA.
|
Importance
High
|
Urgency
High
|
|
Lead: Operations Branch
When: June 2000
Support: Legal Services
|
Performance Indicator
Report provided to Management Committee
|
2.5.2 |
By exploring other ways to reduce the burden of compliance with Section 8 of HMIRR (Part IV of
Form I), that would serve as an alternate way of addressing industry burden concerns. Can the
current regulatory requirements calling for claimant information in support of a claim be reduced
or eliminated without compromising the original purpose of the current system?
|
Importance
High
|
Urgency
High
|
|
Lead: Operations Branch
When: June 2000
Support: Legal Services
|
Performance Indicator
Report to Management Committee
|
2.6 |
We will actively seek new service opportunities by conducting market studies on unfiled claims,
keeping current on international trends, and monitoring the status of WHMIS II.
|
2.6.1 |
By reviewing existing MSDS databases for unfiled claims; e.g., CCOHS, and advising OSH agencies of
any findings.
|
Importance
Low
|
Urgency
Low
|
|
Lead: MSDS Compliance Division
When: July 2000
Support: Screening Division
|
Performance Indicator
OSH agencies advised of any potentially unfiled claims
|
2.6.2 |
By continued participation on the WHMIS Harmonization Task Force.
|
Importance
Low
|
Urgency
Low
|
|
Lead: HMIRC representative on Task Force
When: Ongoing
Support: Commission
|
Performance Indicator
Ongoing participation
|
2.7 |
We will modernize our method of recording, registering, tracking and managing claims. This will
involve replacing existing equipment with new technology and software. Provided that the security
of claimant information can be maintained, we will explore the use of Internet electronic mail as
a means of providing registration services.
|
2.7.1 |
By completing the development and implementation of the Claims Management System (CMS, formerly
known as CIRS).
|
Importance
Medium
|
Urgency
Medium
|
|
Lead: Client Services Division
When: January 2000
Support: IT, Operations Branch
|
Performance Indicator
Acceptance by users
|
2.7.2 |
By maintaining/revising CMS to meet changing database design requirements.
|
Importance
Low
|
Urgency
Low
|
|
Lead: Client Services
When: Ongoing
Support: IT, Corporate Services Division, Operations Branch
|
Performance Indicator
Ongoing, according to changing requirements
|
2.7.3 |
By exploring regulatory and technical implications allowing claimants to provide MSDSs to HMIRC
via the Internet.
|
Importance
Medium
|
Urgency
Medium
|
|
Lead: Client Services Division
When: July 2000
Support: Legal Services, MSDS Compliance Division,
Corporate Services Division
|
Performance Indicator
Recommendations to Management Committee
|
2.8 |
We will examine the criteria utilized to issue registry numbers in an effort to alleviate
current difficulties with outstanding claims and with MSDS-related information not promptly
received.
|
2.8.1 |
By reviewing the Registration Checklist against the requirements of Section 10 of HMIRR.
|
Importance
Medium
|
Urgency
Medium
|
|
Lead: Client Services Division
When: February 2000
Support: MSDS Compliance Division, Screening Division
|
Performance Indicator
Revised checklist
|
2.9 |
Every effort will be made to streamline refiling procedures, simplify fee administration and
improve overall program administration.
|
2.9.1 |
By clarifying industry concerns with respect to refiling procedures, including the generation of a
new registry number for a refiled claim.
|
Importance
High
|
Urgency
High
|
|
Lead: Client Services Division
When: April 2000
Support: Corporate Services Division, Operations Branch
|
Performance Indicator
Report on findings to Management Committee
|
2.9.2 |
By identifying implications for HMIRC of implementing any changes, e.g., impact on claim
tracking and the release of information under the provisions of Subsection 46(2) of HMIRA, if
registry number for a refiling was to remain the same as for the original claim.
|
Importance
High
|
Urgency
High
|
|
Lead: Client Services Division
When: July 2000
Support: Corporate Services Division, Operations Branch
|
Performance Indicator
Report to Management Committee
|
2.9.3 |
By examining fees for refilings, including the definition of “subsequent claim” in HMIRR (which
currently precludes virtually all refilings being charged the lower “subsequent claim” fee).
|
Importance
High
|
Urgency
High
|
|
Lead: Client Services Division
When: Treasury Board decision on basic CR policy
Support: Legal Services, Corporate Services Division,
Operations Branch
|
Performance Indicator
Report to Management Committee
|
2.9.4 |
By exploring ways to simplify claim grouping criteria found in Section 4 of HMIRR.
|
Importance
Medium
|
Urgency
Medium
|
|
Lead: MSDS Compliance Division
When: October 2000
Support: Legal Services, Corporate Services Division,
Operations Branch
|
Performance Indicator
Report to Management Committee
|
2.9.5 |
By exploring alternative methods of fee payment and a means of expediting refunds.
|
Importance
Medium
|
Urgency
Medium
|
|
Lead: Corporate Services Division
When: March 2000
Support: Client Services Division, Legal Services
|
Performance Indicator
Report to Management Committee
|
2.10 |
We will ensure that our services and expertise are effectively communicated to other regulatory
and/or registry-type agencies of government such as the Pest Management Regulatory Agency. At the
same time the Commission will seek out other possible sources of existing toxicological
information on chemicals, e.g., Environment Canada. The Commission will continue to participate in
the Federal Small Agency Administrators’ Network.
|
2.10.1 |
By having ongoing meetings and awareness sessions with government agencies.
|
Importance
Low
|
Urgency
Low
|
|
Lead: Operations Branch
When: Ongoing
Support: Corporate Services Division
|
Performance Indicator
Report to Vice-President, Operations Branch on contacts made
|
2.10.2 |
By identifying potential new partnership opportunities for our services and expertise.
|
Importance
Low
|
Urgency
Low
|
|
Lead: Screening Division
When: Ongoing
Support: Not required
|
Performance Indicator
Report to Vice-President, Operations Branch
|
2.10.3 |
By developing communications materials which list and describe HMIRC services and expertise.
|
Importance
Medium
|
Urgency
Medium
|
|
Lead: Operations Branch
When: Dependent on outcome of
item 2.10.2
Support: Communications
|
Performance Indicator
List developed
|
2.11 |
We will increase our investment in the training and development of personnel to ensure that they
maintain the skills and expertise necessary to not only deliver the Client Services Program, but
to do so in a manner which meets high standards of service and satisfies the expectations of our
stakeholders.
|
2.11.1 |
By identifying the skill sets and expertise required to deliver the programs in this business
line, and ensuring that the financial resources are reasonably available.
|
Importance
High
|
Urgency
High
|
|
Lead: Vice-President/Managers, Operations Branch
When: May 2000
Support: Operations Branch staff
|
Performance Indicator
Analysis complete
|
2.11.2 |
By establishing a yearly review to ensure needs/skills analysis is up to date.
|
Importance
High
|
Urgency
Low
|
|
Lead: Vice-President/Managers, Operations Branch
When: Ongoing
Support: Human Resources
|
Performance Indicator
Training plan complete
|
