Hazardous Materials Information Review Commission
www.hmirc-ccrmd.gc.ca
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Renew
OPERATIONALIZING LEGISLATIVE CHANGES
Following Royal Assent in March 2007 of three key amendments to the Hazardous Materials Information Review Act—carried out as part of the Commission's renewal agenda—last year HMIRC worked diligently to develop a series of regulations that will put into practice the principles and provisions of the new law.
In brief, the new legislation will: allow claimants to provide a summary of the information supporting their claims; permit them to voluntarily bring the MSDS and product label accompanying each claim into compliance without issuance of a formal order; and enable the Commission to provide factual clarifications related to the screening process in appeal board proceedings.
In order to properly inform HMIRC's various stakeholder groups, the Commission began developing communication tools and enacting its plan to convey how the amendments will be operationalized. In addition, HMIRC created an interactive claim form through its website that introduces greater efficiency and further reduces the administrative burden on claimants.
“Other countries respect the Canadian system for its uniqueness: it is the product of consensus among federal, provincial and territorial governments, industry and labour.”
— Mr. Gordon E. Lloyd, Supplier representative,
HMIRC Council of Governors
Regulatory reform
The proposed regulatory amendments developed in 2007-08 will streamline the claim process for trade secret exemption from the disclosure requirements under WHMIS-and therefore expedite the provision of accurate health and safety information to workers. Throughout the year, the Commission developed and finalized the proposed amendments as well as a Regulatory Impact Analysis Statement for pre-publication. In the next fiscal year these will be published in Canada Gazette Part I, and stakeholders will have the opportunity to provide comments over the ensuing 75 days. HMIRC will consider all comments before submitting the regulatory amendments to the Treasury Board for final approval.
Pilot initiatives
In preparation for the amendments, the Commission undertook certain pilot initiatives in 2007-08. A voluntary compliance program was tested, giving claimants the ability to voluntarily correct common errors and omissions in their MSDSs before formal submission to the Commission. At the time of a claim’s registration, HMIRC reviews each MSDS against a list of common errors and omissions and communicates the results to the claimant; the claimant is able to then promptly make the necessary revisions and resubmit the corrected MSDS.
Development of an electronic Application for a Claim for Exemption form was another pilot project undertaken in 2007-08. The form features interactive elements that simplify the application process for claimants and allows applicants to customize the forms to suit their unique requirements. Feedback was gathered through the pilot phase; refinements will be applied in the coming year.
Global harmonization
HMIRC is an active partner in interdepartmental working groups and in the federal Health portfolio. The Commission also plays a role in monitoring Canada’s implementation of the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS). GHS is an initiative led by the United Nations to develop a single, international system that classifies chemicals according to their hazards and establishes standards for labelling and safety data-sheet publication. In carrying out its role, the Commission participates on the WHMIS Current Issues Committee and related working groups, ensuring a full understanding in Canada of the implications for governments arising from the GHS.
“I commend all those who participated in the consultation process regarding these changes. They have provided a shining example of what can be achieved when stakeholders and government work together for the good of all Canadians.”
— Hon. Ethel Cochrane, Bill to Amend, Third Reading
