The Hazardous Materials Information Review Commission (HMIRC) is tasked with balancing the chemical industry's right to protect confidential business information with the right of employers and workers to be informed about the chemical materials they work with and associated health and safety hazards.

The Commission is an independent agency governed by the Hazardous Materials Information Review Act and related regulations. HMIRC impartially renders decisions on claims for exemption from the disclosure requirements set out by the Workplace Hazardous Materials Information System (WHMIS). It also administers a quasi-judicial appeals process, in keeping with the interests of the federal, provincial and territorial governments. WHMIS requires chemical manufacturers, importers, distributors, and employers to produce cautionary labelling for containers of controlled products and to provide a material safety data sheet (MSDS) for every hazardous product produced or used in Canadian workplaces - specifying, among other things, hazardous ingredients, toxicological properties, worker safety precautions, and first-aid treatment in cases of exposure. HMIRC is charged with evaluating MSDSs and labels provided by chemical companies that apply for trade secret exemption.

A critical mandate

Specifically, HMIRC is responsible for:

• Registering claims for trade secret exemptions and issuing registry numbers
• Adjudicating and issuing decisions on the validity of claims for exemption using prescribed regulatory criteria
• Rendering decisions on the compliance of MSDSs and labels to WHMIS requirements based on sound scientific principles
• Convening independent tripartite boards to hear appeals from claimants or affected parties on decisions and orders

Governance

The Commission's governance structure is collaborative: the Council of Governors acts as the advisory body, providing strategic guidance. The Council's 18 members represented by a Chair and key stakeholder groups - workers, suppliers, employers, the federal government, and provincial and territorial labour ministries and compensation boards responsible for occupational health and safety.

The Commission's President and Chief Executive Officer, appointed by the Governor in Council, carries out the mandate as detailed in the Hazardous Materials Information Review Act, as well as strategic plan and policies. The Vice-President of Operations directs the work of the MSDS Compliance and Screening divisions, and the Vice-President of Corporate Services and Adjudication oversees the work of the Corporate Services, Regulatory Affairs and Appeals, and Communications divisions.