Bill S-2 amending the Hazardous Materials Information Review Act came into force on October 1, 2008.
Amendments to the Hazardous Materials Information Review Act (HMIRA) received Royal Assent and became law (Chapter 7 of the Statutes of Canada 2007) on March 29, 2007, but the coming into force of these amendments was delayed until related amendments to the Hazardous Materials Information Review Regulations and the Hazardous Materials Information Review Act Appeal Board Procedures Regulations were made. These regulatory amendments were approved on September 5, 2008, and the Governor in Council established October 1, 2008 as the coming into force date for both the legislative and regulatory amendments.
These amendments were part of the Commission's Renewal Program, which was designed to make the Commission more client-oriented; streamline and improve service delivery; further enhance workplace safety; increase transparency and accountability; and modernize administrative procedures.
Frequently Asked Questions (FAQ) for claimants on new procedures as of October 1, 2008, can be found at www.hmirc-ccrmd.gc.ca.
A Quick Guide for Claimants - New Procedures for filing a Claim for Exemption from disclosure of confidential business information can be found at www.hmirc-ccrmd.gc.ca.
Previously published
Bill S-2 amending the Hazardous Materials Information Review Act received Royal Assent and became Chapter 7 of the Statutes of Canada 2007. The effect of these amendments will be to reduce the time required to review claims for exemption from disclosure of confidential information, speed up the correction of the information workers need in order to handle hazardous materials safely, and expedite and improve the appeal process.
However, in order to implement these statutory changes, amendments to the Hazardous Materials Information Review Regulations and Hazardous Materials Information Review Act Appeal Board Procedures Regulations are required. That is why, the Hazardous Materials Information Review Regulations, and Hazardous Materials Information Review Act Appeal Board Procedures Regulations were published in Canada Gazette, Part I on Saturday April 12, 2008 along with a Regulatory Impact Analysis Statement (RIAS) outlining the rationale for the amendments.
You may view the publication at http://canadagazette.gc.ca/partI/2008/20080412/pdf/g1-14215.pdf.
Comments on these proposed regulatory amendments will be accepted for a period of 75 days, ending June 26, 2008.
Previously published
Bill S-2, An Act to amend the Hazardous Materials Information Review Act-Chapter 7 received Royal Assent from the Senate on March 29, 2007. The Hazardous Materials Information Review Act and its regulations provide the mechanism to create a healthy balance between an industries' right to protect trade secrets and the right of employers and employees to know about the hazardous materials they deal with through the Hazardous Materials Information Review Commission. Bill S-2, was requested by the commission, which has been restructuring over the past three years to allow it to perform its work more effectively. The amendments change the process by which the manufacturers of hazardous materials can become exempt from providing full disclosure of the nature of their products, if that disclosure would force the revealing of trade secrets.
Specifically, the Act is amended to allow claimants to declare, with a minimum of supporting information, that the information for which they are seeking an exemption from disclosure is confidential business information. The Act now requires claimants to provide detailed documentation on the steps they have taken to protect confidentiality and on the potential financial implications of disclosure. The commission will still, however, require full documentation when an affected party challenges a claim or when a claim is selected through measures set up to discourage false or frivolous claims.
The amendments will also permit the voluntary correction of material safety data sheets and product labels when the commission finds them to be non-compliant. At present, the commission must issue formal correction orders even if the claimant is fully prepared to voluntarily make the necessary corrections.
Finally, the amendments will improve the appeals process by allowing the commission to provide factual clarifications to appeal boards as needed to facilitate this process.
The provisions of this Act will come into force on a day or days to be fixed by order of the Governor in Council published in the Canada Gazette.
Background information
According to the Hazardous Materials Information Review Commission, 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. 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.
When a business that supplies hazardous materials to industry in Canada wants to protect information that it considers a trade secret, it makes application to the commission for an exemption from disclosure. That application includes the required health and safety documentation. This differs from a situation in which there is no trade secret involved. In such a case, the health and safety documentation is subject to inspection by the federal, provincial or territorial government agency responsible for occupational health and safety in the industry in which the business operates.
On receipt of an application, the commission reviews the economic documentation in support of the claim for exemption from disclosure to determine whether the information meets the regulatory criteria for a trade secret. The commission also determines whether the accompanying material safety data sheet or product label is in compliance with federal, provincial and territorial requirements.
If the information being provided to workers is not in compliance with the relevant federal, provincial or territorial health and safety regulations, the commission orders the claimant to make the necessary corrections and to provide the commission with a copy of the corrected material safety data sheet. The decisions and orders of the commission are published in the Canada Gazette so that all affected parties have full information on the corrections that the claimant has been required to make. If the corrections are not made within the specified time period, remedial measures are at the commission's disposal, including steps leading to the prohibition of the sale of the product in Canada.