Canada. Hazardous Materials Information Review Commission : The Hazardous Materials Information Review Commission was established by the Hazardous Materials Information Review Act (RS 1985, c. 24 (3rd Supp)), proclaimed on 1 October 1987. The Commission, which reports to Parliament through the Minister of Health, is headed by a President (appointed by the Governor-in-Council) and governed by a Council of Governors consisting of members representing federal, provincial and territorial governments and suppliers, employers and workers.
The mandate of the Commission is to balance workers' rights to information on the hazardous materials they encounter in their workplaces (including their potential dangers), and industry's right to protect information about their products, if it constitutes confidential business information (CBI). CBI is defined as information concerning a controlled product or a manufacturing process that gives a company an economic advantage over its competitors. In order to carry out its mandate, the HMIRC participates in the Workplace Hazardous Materials Information System (WHMIS), a Canada-wide system formally established in 1988. WHMIS requires that prescribed information on the hazards of materials produced, sold or used in Canadian workplaces be provided by suppliers to employers and, in turn, to employees through product labels, Material Safety Data Sheets (MSDS), and employee education programs.
HMIRC's responsibilities include: formally registering exemption claims and registry numbers; issuing decisions regarding the validity of claims for exemption based on the prescribed regulatory criteria; rendering decisions on the compliance of labels and material safety data sheets (with the WHMIS requirements) as set out in the Hazardous Products Act and Controlled Products Regulations and provincial occupational health and safety legislation; and convening independent tripartite boards to hear appeals from claimants or affected parties on decisions and orders issued by HMIRC. The Council of Governors also provides advice and recommendations to the Minister of Health on matters relating all aspects of the Commission's work, including its fee structure, and its review and appeal processes.
