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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, it is sound common sense to ensure that they have enough information about these materials to handle them safely. 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 and its regulations provide the mechanism to create that balance, through the Hazardous Materials Information Review Commission.

What the Commission 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.

The Commission’s Services

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

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

Screening officers rule on claim validity, based on the requirements of the Hazardous Materials Information Review Act. And if necessary information is missing from an MSDS or label, they issue a formal order to revise and follow up until it complies with regulations.

MSDS Compliance is the Commission’s scientific arm. Scientific evaluators review material safety data sheets associated with claims for exemption, to make sure workers know about the hazards of exposure to these products. They provide advice to the Commission’s screening officers.

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. The Commission has incorporated a number of features to help avoid disputes or settle them informally into our day-to-day operations. We take pride in giving impartial, unbiased and prompt service that encourages consensus agreements.

Appeals may relate to the compliance of an MSDS, the rejection of a claim, or to a request that confidential business information be revealed in confidence to an affected party for occupational health and safety reasons. Appeals are heard by independent boards with members nominated by industry, labour and government, to ensure that all points of view are represented.

Our Values

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

We emphasize cooperation, openness and dialogue in carrying out our mandate. We seek out creative and progressive approaches to improve our procedures and programs. We try 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 try to build relationships of trust, respect and understanding with all of them.