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Raison d’être

Agency Context

In Canada, the handling and storage of hazardous chemicals in the workplace is controlled by the Workplace Hazardous Materials Information System (WHMIS), a wide array of legislation, regulations and procedures at various levels of jurisdiction that binds suppliers and employers alike. Established in 1987 through a consensus of labour, industry and government, the goal of WHMIS is to reduce illnesses and injuries resulting from the presence of hazardous materials in the workplace.

WHMIS requires suppliers (including manufacturers, importers and distributors) to provide information on the hazards of chemicals produced or used in Canadian workplaces. It prescribes cautionary labelling for containers of controlled products, as defined in the Controlled Products Regulations (CPR), as a condition of sale and importation, and requires suppliers of those products to provide material safety data sheets (MSDSs). Information required to be shown on a product’s MSDS includes the disclosure of all hazardous ingredients in the product, its toxicological properties, any safety precautions workers need to take when using the product, and first-aid treatment required in the case of exposure. Employers must make this information available to employees and put in place worker training and education programs.

The Hazardous Materials Information Review Commission (HMIRC) was created as an independent agency in 1987 by proclamation of the Hazardous Materials Information Review Act (HMIRA). The Commission is accountable to Parliament through the Minister of Health. It is a small but important public sector institution charged with administering the trade secret mechanism within the WHMIS.

HMIRC plays a pivotal role, enabling industry to maintain trade secret formulations, while ensuring that workers can be afforded full hazard disclosure. The Commission’s 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 in the workplace and the right of suppliers and employers to protect their bonafide trade secret information. Success in this dual role framework requires that the Commission balance the tension inherent in providing a service of commercial value to industry on the one hand, and acting as an advocate for worker health and safety on the other. This dual challenge continues to define HMIRC’s essential role in Canadian society.

HMIRC makes decisions on the compliance of MSDSs and labels within WHMIS’ regulatory and legislative requirements. As a direct result of its work, national and international chemical companies have been afforded the ability to protect their industrial intellectual property assets. At the same time, the Commission’s efforts to review MSDSs and labels and ensure the disclosure of accurate health and safety information about hazardous chemicals, have directly contributed to a reduction in the risk of workplace-related illness and injury.

If a supplier wishes to withhold confidential business information—for example, the identity or concentration of one or more hazardous ingredients in its product—it applies to the Commission for an exemption from the requirement to list those ingredients on the MSDS. We allow suppliers to meet their WHMIS obligations without disclosing critical proprietary information, when the claim for exemption is determined to be valid.

The Commission’s clientele consists of a number of WHMIS stakeholders: suppliers and employers in the chemical industry who wish to protect their trade secrets from being disclosed on MSDSs or labels; employers who rely on supplier MSDS information to prepare their own workplace MSDSs and training programs; and labour, representing all workers who are exposed to these products.

Our Mandate

Under the authority of the HMIRA and the provincial and territorial occupational health and safety acts, the Commission is an administrative agency charged with carrying out a multi-faceted mandate:

• to formally register claims for trade secret exemptions, and issue registry numbers;
• to issue decisions, using prescribed regulatory criteria, on the validity of claims for exemption;
• to make decisions on the compliance of MSDSs and labels within the WHMIS requirements as set out in the Hazardous Products Act (HPA) and Controlled Products Regulations (CPR) and various provincial and territorial occupational health and safety acts; and
• to convene independent, tripartite boards to hear appeals from claimants or affected parties on decisions and orders issued by the Commission.

Our Mission

As a vital and independent agency, the mission of HMIRC is to:

• ensure a balance between industry’s right to protect confidential business information and the right of employers and workers to know about the hazardous materials they deal with in the workplace;
• provide a trade secret mechanism within WHMIS;
• resolve complaints and disputes impartially, fairly and promptly through statutory or alternative means.