About Hazardous Materials Information Review Commission

Mandate

Under the authority of the Hazardous Materials Information Review Act (HMIRA), and provincial and territorial occupational health and safety acts, the Hazardous Materials Information Review Commission (HMIRC) is an arm's-length administrative agency charged with carrying out a multi-faceted mandate:

• to formally register claims for trade-secret exemptions and issue registry numbers;
• to adjudicate and issue decisions on the validity of claims for exemption using prescribed regulatory criteria;
• to make decisions on the compliance of material safety data sheets (MSDSs) and labels within the Workplace Hazardous Materials Information System (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 HMIRC.

HMIRC's clients consist 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 organizations representing all workers who are exposed to these products.

Vision

The Commission will:

• be a client-oriented agency committed to improving service quality and timeliness at a fair and reasonable cost to those who directly benefit from our work;
• provide regulatory decision-making that is based on sound scientific principles, and take pride in being a professional regulatory organization seeking creative and progressive approaches to enhancing workplace safety; and
• resolve complaints and disputes, whether under statutory mandate or not, in a manner that is impartial, fair and prompt.

Mission

As a vital and independent agency, accountable to Parliament through the Minister of Health, the mission of HMIRC is to:

• ensure a balance between industry's right to protect confidential business information (CBI) 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; and
• resolve complaints and disputes impartially, fairly and promptly through statutory or alternate means.

Operating Structure

The Council of Governors

The Council of Governors constitutes the key element of HMIRC's governance structure, acts as an advisory body, and provides strategic advice and guidance. The Council consists of up to 18 members: Two represent workers, and suppliers, employers and the federal government are each represented by one member. Between four and 13 members represent the provincial and territorial governments responsible for occupational health and safety. Each governor is appointed by the Governor in Council for up to three years. The Council is headed by a chairperson chosen by the governors for a term of one year. The Council is responsible for making various recommendations to the Minister of Health, including changes to regulations related to HMIRC's fee structure, as well as changes to procedures for reviewing claims and to appeal procedures. Please click here to learn more about the Council of Governors.

The Role of the President and Chief Executive Officer

The President and CEO is appointed by the Governor in Council, and as the Chief Executive Officer, supervises and directs the organization's day-to-day work. The President is accountable to the Council of Governors and to Parliament through the Minister of Health. The President's Office acts as Secretariat to the Council of Governors. Please click here to learn more about the President and CEO, Ms. Sharon Watts.

The Operations Branch

The Vice-President of Operations directs the work of the MSDS Compliance and the Screening divisions.

The Corporate Services and Adjudication Branch

The Vice President of Corporate Services and Adjudication directs the work of the Corporate Services, Regulatory Affairs and Appeals, and Communications divisions.

A Management Committee (MC) brings together the five division directors. MC deals with day-to-day management issues, and helps coordinate the tasks that cut across all divisions and branches. It provides a forum for HMIRC's management team to set overall strategic direction, corporate objectives and priorities, and to ensure good corporate governance.