Welcome

The Hazardous Materials Information Review Commission (HMIRC) is an independent agency accountable to Parliament through the Minister of Health. We work with our stakeholders—industry, labour and governments—to help safeguard both workers and trade secrets in Canada's chemical industry. Our tools include sound scientific expertise, good communication and dedication to the rights of everyone involved.

It’s the Law!

When people must deal with hazardous materials in the workplace, ensuring that they have enough information about these materials to handle them safely is sound common sense. In Canada, it's also the law.

What protects Canadian workers is the Workplace Hazardous Materials Information System (WHMIS), which is actually a combination of laws, regulations and procedures. WHMIS helps minimize workplace injury and illness from the use of hazardous chemicals.

Under WHMIS, manufacturers and distributors of controlled (hazardous) products must provide information on 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, which form an important part of employers' workplace education programs.

Trade Secrets

Sometimes, however, the WHMIS disclosure requirements come up against a manufacturer's, supplier's or employer's need to keep certain proprietary information secret. For instance, explicit publication of the identity or concentration of a hazardous ingredient that is a trade secret could cause a company to lose its competitive edge against business rivals. Chemical companies also have rights and one of them is the right to keep confidential business information private.

Creating a Win/Win Situation

We need a healthy balance between industry's right to protect trade secrets and the right of employers and workers to know about the hazardous materials they deal with. The Hazardous Materials Information Review Act (HMIRA) and its regulations provide the mechanism to create that balance, through HMIRC.

What HMIRC Does

If a supplier, manufacturer or employer wishes to withhold critical proprietary information, such as the identity or concentration of a particular hazardous ingredient in its product, it can apply to HMIRC for exemption from its obligations under WHMIS to disclose this specific information.

HMIRC registers claims for exemption from disclosure of trade secrets, rules on the validity of claims, and issues decisions on the compliance of MSDSs and some labels with WHMIS legislation.

HMIRC's Services

Client Services helps suppliers and employers protect their confidential business information (CBI), while still meeting their disclosure obligations. Client Services staff register claims for exemption and ensure the security of claim-related information.

Staff also assist claimants and potential claimants with information about the claims process and the role of HMIRC. It is their job to make sure everyone who deals with HMIRC has the information they need to make the process as simple as possible.

MSDS Compliance is HMIRC's scientific arm. Scientific evaluators review MSDSs associated with claims for exemption, to make sure workers know about the hazards of exposure to these products. The evaluators provide advice to HMIRC's screening officers.

Screening officers rule on claim validity, based on the requirements of the Hazardous Materials Information Review Act (HMIRA) and the compliance of the MSDS or label with the Hazardous Products Act (HPA) and Controlled Products Regulations (CPR), or provincial legislation. When necessary information is missing from an MSDS or label, the claimant is offered the option of entering into an undertaking to voluntarily correct the deficiencies. If the claimant refuses this option, the screening officer issues a formal order to revise the MSDS or label, and will follow up until the MSDS complies with regulations.

Dispute Resolution provides all parties involved in a claim with options for dealing with disagreements. While there is an appeals process at the end of the line, it is rarely used. HMIRC has incorporated a number of features into our day-to-day operations to help avoid disputes or settle them informally. We take pride in giving impartial, unbiased and prompt service that encourages consensus agreements.

Appeals provides claimants and affected parties the right to appeal the decisions, orders or undertakings of HMIRC's screening officers. An appeal can relate to: 1) decisions on the validity of a claim for exemption; 2) decisions or orders on the compliance of a MSDS or label; or 3) an undertaking between HMIRC and a claimant to voluntarily correct safety and health information found to be non-compliant. Claimants and affected parties have 45 days to launch an appeal, from the date that the screening officer's decision on a claim is published in the Canada Gazette. Appeals are heard by an independent board with members nominated by industry, labour and government, to ensure that all points of view are represented.

Our Values

HMIRC's approach is that everyone's interests are best served by considering the needs of workers and industry alike, and that the best solution is one that protects both.

We emphasize cooperation, openness and dialogue in carrying out our mandate. We seek creative and progressive approaches to improve our procedures and programs. Our goal is to offer a streamlined, competent, efficient and speedy service that is cost-effective, and does not impose undue financial or paper burdens on those who deal with us. Above all, we want to be fair and consistent, and accountable for all we do.

Our clients and stakeholders represent industry, workers, employers and governments at all levels. We seek to build relationships of trust, respect and understanding with all of them.