Common menu bar links
Breadcrumb Trail
ARCHIVED - RPP 2007-2008
Hazardous Materials Information Review Commission
This page has been archived.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
Section II – Analysis of Program Activities by Strategic Outcome
Analysis by Program Activity
Program Activity Name |
Claims Exemption Process |
| 2007–2008 | 2008–2009 | 2009–2010 |
|---|---|---|
| 3,506 | 3,506 | 3,506 |
| 2007–2008 | 2008–2009 | 2009–2010 |
|---|---|---|
| 35 | 35 | 35 |
Program Activity Description
Under this activity, 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 material safety data sheet 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: Improve services to clients and stakeholders.
- Priority 2: Monitor and implement changes resulting from Canada's response to the Globally Harmonized System of Classification and Labelling of Chemicals.
- Priority 3: Operationalize the legislative amendments to the Hazardous Materials Information Review Act.
- Priority 4: Enhance management excellence.
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 three priorities will allow HMIRC to further improve its process and the quality of the information provided. The fourth priority will result in improved management tools to support program delivery.
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 |
|---|---|
|
|
|
|
|
|
Key Program: Claims Processing
| 2007–2008 | 2008–2009 | 2009–2010 |
|---|---|---|
| 3,331 | 3,331 | 3,331 |
Key Program Description
Under this sub-activity, 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.
Performance Measurement Strategy
The expected results for Claims Processing focus on the balance sought by the Commission – workers right to accurate information versus industry's right to protect trade secrets. 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 a speedy, 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.
The expected results of the Claims Processing sub-activity and proposed performance indicators to measure achievement of those results are detailed in the table below.
| Expected Results | Performance Indicators |
|---|---|
|
|
|
|
Key Program |
Dispute Prevention/Appeals |
| 2007–2008 | 2008–2009 | 2009–2010 |
|---|---|---|
| 175 | 175 | 175 |
Key Program Description
Under this sub-activity, HMIRC 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 for dispute prevention/appeals focus on the two desired characteristics of the Commission's dispute resolution process. First, that the handling of disputes or appeals is achieved in a fair and effective manner which will provide claimants some flexibility in the approach they choose to resolve issues. Second, that decisions resulting from the dispute resolution process be impartial and evidence-based.
The expected results of the dispute prevention/appeals sub-activity and proposed performance indicators to measure achievement of those results are detailed in the table below.
| Expected Results | Performance Indicators |
|---|---|
|
|
|
|