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Background

Established in October 1987, the Hazardous Materials Information Review Commission (HMIRC), created by the Hazardous Materials Information Review Act, is part of the federal government’s commitment to the implementation of the Workplace Hazardous Materials Information System (WHMIS).

Amendments to the Hazardous Products Act (HPA), Part II of the Canada Labour Code (CLC) and provincial and territorial occupational safety and health (OSH) legislation require suppliers of or employers using hazardous products to disclose specific product information on the product material safety data sheet (MSDS) and label.

Since it was recognized that certain product information may be confidential to the supplier or employer, the Commission was established to provide an independent mechanism to evaluate both the validity of claims for limited exemption from disclosure and the compliance of MSDSs and labels for these products. The Commission is also responsible for convening and supporting independent appeal boards to provide a mechanism for appealing decisions and orders.

The Hazardous Materials Information Review Regulations (HMIRR) came into force in December 1987 and established the criteria to be used in reviewing claims for exemption. Additions to these Regulations were issued in October 1988, July 1991, May 1993 and June 2002. They dealt with the fees that must accompany a claim or appeal, the manner of calculating fees for both original claims and refiled claims, the information to be included in a claim, the form and manner of filing a claim, and the assignment of registry numbers.

In order to facilitate the submission of claims to the Commission, the Commission has developed a new Application for a Claim for Exemption which reflects the regulatory changes of June 2002. The detailed instruction document entitled A Guide to Completing a Claim for Exemption was also revised to reflect these changes.