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Section II – Analysis of Program Activities by Strategic Outcome

Analysis by Program Activity

Strategic Outcome

Trade secret exemptions are provided in a way that balances the right of industry to protect their confidential business information with the right of workers to receive accurate information concerning the health and safety hazards posed by chemicals in the workplace.

Program Activity Name

Claims Exemption Process

Financial Resources ($ thousands)

2008–2009	2009–2010	2010–2011
3,565	3,565	3,565

Human Resources (Full-Time Equivalents)

2008–2009	2009–2010	2010–2011
35	35	35

Program Activity Description

HMIRC registers claims for exemption received from a supplier or employer who wishes to withhold confidential business information, decides on the validity of the claim, adjudicates and issues decisions on the compliance of the MSDS or label to which the claim relates, and administers an appeal process to these decisions.

As mentioned in Section I, the Commission has identified four priorities.

• Priority 1: Efficient Client Service Delivery
• Priority 2: Management Excellence
• Priority 3: Modernized Legislation
• Priority 4: International Harmonization

HMIRC’s only program activity–Claims Exemption Process-and the expected results associated with this activity link to each of its four priorities. The claims exemption process renders impartial decisions, based on scientific evidence-based review findings, in a manner that ensures confidentiality of information while providing accurate information to workers. The Commission is constantly looking at ways to improve its process and works closely with claimants to increase their understanding of this process and associated requirements, and to minimize the need for formal appeals. The first, third, and fourth priorities will allow HMIRC to further improve its process and the quality of the information provided. The second priority will result in improved management tools to support program delivery.

HMIRC registers the claims that enable companies to sell, distribute and/or use their product while the claim is being processed. The validity of the claim for exemption is subsequently determined based on the Hazardous Materials Information Review Regulations criteria, and the material safety data sheet is evaluated to ensure compliance with WHMIS requirements. Decisions are issued by the screening officer and published in the Canada Gazette.

The Commission also administers an appeal process. Claimants have 45 days to launch an appeal once the decision on a claim exemption is published in the Canada Gazette. An independent tripartite board is then convened to hear the appeal and render a decision. The Commission is also responsible for a dispute prevention process that works in conjunction with the appeals process by identifying and resolving problems and complaints, where possible, before an appeal becomes necessary.

Performance Measurement Strategy

The expected results of the Claims Exemption Process program activity and the proposed performance indicators to measure achievement of those results are detailed in the table below.

Expected Results	Performance Indicators
Workers are provided with accurate information about the health and safety hazards of exposure to chemicals found in the products associated with claims for exemption.	Percentage of claims processed for which corrections were required on associated MSDSs Average length of time from the start of review to publication in the Canada Gazette
Valid confidential business information about suppliers’ and employers’ hazardous products is protected.	Number of decisions on claim validity issued Percentage of claims for which validity was upheld by the screening officer’s decision
Manufacturers can import, distribute and sell products.	Number of claims registered Elapsed time between receipt of claim and registration Number of complaints from claimants about delays
MSDSs comply with legislation.	Number of violations found on MSDSs by type Average number of violations per claims processed Number of MSDSs which have complied with orders within the 75 calendar days allowed
Resolution of issues raised during the information exchange phase of claims processing (i.e. dispute prevention) in a fair and effective manner.*	Number of issues raised and percentage resolved
Appeal decisions	Number of appeals/decisions Number of screening officer’s decisions varied or rescinded by appeal board’s decisions

* One expected result has been combined with another due to duplication.

These expected results focus on the balance sought by the Commission – workers right to accurate information versus industry’s right to protect trade secrets, while remaining effective and impartial.

Through the registration of claims, the Commission seeks to ensure a speedy process that both minimizes disruption to business and ensures the protection of confidential business information. Through the review of the claims and associated MSDSs and labels, the Commission aims to ensure an expeditious, fair and impartial review of the information provided to workers on the health and safety hazards of those products associated with the claim for exemption.

Within the Commission’s dispute resolution process, the results are expected to be achieved in a fair and effective manner, which provides claimants some flexibility in the approach they choose to resolve issues. Also, the decisions resulting from the dispute resolution process are impartial and evidence-based.

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