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Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

HPA Section 19 - Consultation

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Consultation

19. A regulation under subsection 15(1) or an order under section 17 or 18 may be made by the Governor in Council only on the recommendation of the Minister made after consultation by the Minister with the government of each province and with such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate.

INTERPRETATION / DISCUSSION of SECTION 19

The Minister of Health Canada respects the legislative requirement to consult with affected parties through the WHMIS Current Issues Committee (CIC). The following are the terms of reference for the CIC:

1. The Current Issues Committee will serve as the forum for consultation on matters concerning the interpretation or modification of the Workplace Hazardous Materials Information System (WHMIS).
2. The Current Issues Committee has no formal powers; its role is to make recommendations to departments and agencies responsible for WHMIS legislation including recommendations for modifications to WHMIS or changes in its scope.
3. Membership of the Committee will be limited to persons sponsored by one of the member groups, i.e., employers, suppliers, labour and the WHMIS regulatory agencies and will consist of the Chairperson and representatives from:
   1. organized labour;
   2. employers;
   3. suppliers;
   4. provincial and territorial Occupational Safety and Health agencies;
   5. the Hazardous Materials Information Review Commission;
   6. Human Resources and Skills Development Canada, Labour Program; and
   7. Health Canada (WHMIS Division).
      
      
4. Members will represent their caucuses and are expected to consult with their caucuses prior to a meeting with the objective of developing a uniform position on an issue. There must be at least one member or delegate from each caucus who is prepared to discuss or to speak on a scheduled agenda item.
5. Members may delegate their membership status to one or more stakeholders to explain their caucus decision (or lack thereof) on a specific issue. (It is recognized that having more than one delegate speak to a decision will be an exception). If a person who has been delegated to speak to an issue cannot be present at a meeting that the issue is to be discussed, then a replacement delegate must be appointed by the caucus.
6. For the purpose of providing critical information to the Committee on an issue, observer status at a meeting may be granted to representatives who have a special interest in a particular issue and who are sponsored by a member.
7. The Committee will be chaired by the WHMIS Division of Health Canada.
8. The Committee will strive to function on a consensus basis. Consensus means unanimous concurrence among the industry, labour, federal and provincial caucuses.