Prohibition of Asbestos and Products Containing Asbestos Regulations

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on January 6, 2018, a copy of the proposed Prohibition of Asbestos and Products Containing Asbestos Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;^note^noteWhereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice to the Ministers under section 6 of that Act;^noteAnd whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and sections 102 and 286.1 of the Canadian Environmental Protection Act, 1999, makes the annexed Prohibition of Asbestos and Products Containing Asbestos Regulations.^note

Interpretation

1Definitions#

The following definitions apply in these Regulations.

military equipment means an aircraft, ship, submarine or land vehicle designed to be used in combat or in a combat support role. (équipement militaire)

nuclear facility has the same meaning as in section 2 of the Nuclear Safety and Control Act. (installation nucléaire)

Non-application

2In transit#

(1)These Regulations do not apply to asbestos or a product containing asbestos that is in transit through Canada, from a place outside Canada to another place outside Canada.

(2)These Regulations do not apply

(a)subject to section 6, to mining residues; or

(b)to a pest control product as defined in subsection 2(1) of the Pest Control Products Act.

3Integrated asbestos#

(1)These Regulations, other than sections 5 and 8, do not apply to asbestos that is integrated into a structure or infrastructure if the integration occurred before the day on which these Regulations come into force.

(2)These Regulations do not apply to a product containing asbestos and used before the day on which these Regulations come into force but section 5 applies to the asbestos contained in that product.

Prohibitions

4Import, sale or use#

Subject to sections 7 to 21, a person must not import, sell or use

(a)processed asbestos fibres;

(b)a product containing processed asbestos fibres unless those fibres are the result of the degradation of asbestos integrated into a product, a structure or infrastructure; or

(c)a consumer product containing asbestos in greater than trace amounts.

5Manufacture#

A person must not manufacture

(a)subject to section 8, a product containing processed asbestos fibres unless those fibres are the result of the degradation of asbestos integrated into a product, a structure or infrastructure before the coming into force of these Regulations; or

(b)a consumer product containing asbestos in greater than trace amounts.

6Mining residues — landscaping or construction#

(1)A person must not sell, for use in construction or landscaping, asbestos mining residues that are located at an asbestos mining site or accumulation area unless the use is authorized by the province in which the construction or landscaping is to occur.

(2)A person must not use asbestos mining residues to manufacture a product containing asbestos.

Exclusions

7Disposal#

The physical possession or control of the following may be transferred to allow its disposal:

(a)processed asbestos fibres;

(b)a product containing processed asbestos fibres; and

(c)a consumer product containing asbestos in greater than trace amounts.

8Roads#

Asbestos may be reused in the restoration of asbestos mining sites or in road infrastructure, including mounds and noise barriers, if that asbestos was integrated into road infrastructure before the day on which these Regulations came into force.

9Importing military equipment#

(1)A person may import, sell or use military equipment that was serviced with a product containing processed asbestos fibres if the product was used to service the military equipment while it was outside Canada for the purposes of a military operation and there was no technically or economically feasible asbestos-free alternative available at that time in that place.

(2)A person who imports military equipment in accordance with subsection (1) must submit to the Minister, before March 31 of the calendar year following the calendar year of the importation, a report that includes the following elements:

(a)the importer’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for that importer and their title or rank, civic address in Canada, postal address, telephone number and email address;

(c)the name and a description of the military equipment that was imported in the calendar year to which the report relates;

(d)the name and a description of each type of product containing processed asbestos fibres that was used to service the military equipment that was imported in the calendar year to which the report relates;

(e)the estimated concentration and mass of asbestos in each product containing processed asbestos fibres that was used to service the military equipment that was imported in the calendar year to which the report relates and the unit of measurement used to describe that concentration and mass;

(f)the number of products containing processed asbestos fibres that were used to service the military equipment that was imported in the calendar year to which the report relates, by type of product;

(g)a statement indicating that there was no technically or economically feasible asbestos-free alternative available at the time and place of the servicing.

(3)For the purpose of subsection (1), military operation means any operation taken to protect national security, support humanitarian relief efforts, participate in multilateral military or peacekeeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.

10Servicing military equipment#

(1)A person may import, sell or use products containing processed asbestos fibres to service military equipment before January 1, 2023, if there is no technically or economically feasible asbestos-free alternative available when the product is imported, sold or used, as the case may be.

(2)A person may use or sell the military equipment referred to in subsection (1) if it was serviced using a product referred to in that subsection before January 1, 2023.

(3)A person who uses a product containing processed asbestos fibres to service military equipment in accordance with subsection (1) must

(a)prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1; and

(b)submit to the Minister, before March 31 of the calendar year following the calendar year in which the product is used, a report that includes the elements set out in subsection (4).

(4)The report must include the following elements:

(a)the name, civic address in Canada and postal address of the person using the product containing processed asbestos fibres;

(b)the name of the individual who is authorized to act for that person and their title or rank, civic address in Canada, postal address, telephone number and email address;

(c)the name and a description of the military equipment that was serviced with the products containing processed asbestos fibres in the calendar year to which the report relates;

(d)the name and a description of each type of product containing processed asbestos fibres that was used to service the military equipment in the calendar year to which the report relates;

(e)the estimated concentration and mass of asbestos in each product containing processed asbestos fibres that was used to service the military equipment in the calendar year to which the report relates and the unit of measurement used to describe that concentration and mass;

(f)the number of products containing processed asbestos fibres that were used to service the military equipment in the calendar year to which the report relates, by type of product; and

(g)a statement indicating that there was no technically or economically feasible asbestos-free alternative available at the time the military equipment was serviced and that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

11Servicing equipment of nuclear facilities#

(1)A person may import, sell or use a product containing processed asbestos fibres to service equipment of a nuclear facility before January 1, 2023, if there is no technically or economically feasible asbestos-free alternative available at the time of the import, sale or use, as the case may be.

(2)A person may use or sell the equipment referred to in subsection (1) if it was serviced using a product referred to in that subsection before January 1, 2023.

(3)A person who uses a product containing processed asbestos fibres to service equipment of a nuclear facility in accordance with subsection (1) must

(a)prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1; and

(b)submit to the Minister, before March 31 of the calendar year following the calendar year in which the product is used, a report that includes the elements set out in subsection (4).

(4)The report must include the following elements:

(a)the name of the nuclear facility, its civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for that nuclear facility and their title, civic address in Canada, postal address, telephone number and email address;

(c)the name and a description of the equipment of the nuclear facility that was serviced with the products containing processed asbestos fibres in the calendar year to which the report relates;

(d)the name and a description of each type of product containing processed asbestos fibres that was used to service the equipment of the nuclear facility in the calendar year to which the report relates;

(e)the estimated concentration and mass of asbestos in each product containing processed asbestos fibres that was used to service the equipment in the calendar year to which the report relates and the unit of measurement used to describe that concentration and mass;

(f)the number of products containing processed asbestos fibres that were used to service the equipment in the calendar year to which the report relates, by type of product; and

(g)a statement indicating that there was no technically or economically feasible asbestos-free alternative available at the time the equipment of the nuclear facility was serviced and that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

12Museum display#

(1)A person may import, sell or use the following if it is intended for display in a museum:

(a)processed asbestos fibres;

(b)a product containing processed asbestos fibres; and

(c)a consumer product containing asbestos in greater than trace amounts.

(2)A person who displays processed asbestos fibres referred to in paragraph (1)(a) in a museum must

(a)prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1; and

(b)submit to the Minister, before March 31 of the calendar year following the calendar year in which the processed asbestos fibres are displayed, a report that includes the elements set out in subsection (3).

(3)The report must include the following elements:

(a)the museum’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the museum and their title, civic address in Canada, postal address, telephone number and email address;

(c)the period of display;

(d)the forms and quantities of processed asbestos fibres that were displayed in the museum in the calendar year to which the report relates and the unit of measurement used to describe those quantities; and

(e)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

13Laboratory use#

(1)A person may use the following in a laboratory in scientific research, for sample characterization or as an analytical standard and may import or sell it for such use:

(a)processed asbestos fibres;

(b)a product containing processed asbestos fibres; and

(c)a consumer product containing asbestos in greater than trace amounts.

(2)A person who uses processed asbestos fibres referred to in paragraph (1)(a) in a laboratory in scientific research or as an analytical standard must prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1.

(3)A person must submit a report to the Minister that includes the elements referred to in subsection (5) before March 31 of the calendar year following the calendar year in which they

(a)imported processed asbestos fibres referred to in paragraph (1)(a) or a product referred to in paragraph (1)(b) or (c) for use in a laboratory in scientific research or as an analytical standard if the import occurred after the coming into force of these Regulations; or

(b)used processed asbestos fibres referred to in paragraph (1)(a) or a product referred to in paragraph (1)(b) or (c) in a laboratory in scientific research or as an analytical standard if those fibres or that product was imported after the coming into force of these Regulations.

(4)Subsection (3) does not apply in respect of processed asbestos fibres referred to in paragraph 1(a) or products referred to in paragraph (1)(b) or (c) for which the elements set out in subsection (5) have been submitted to the Minister in a previous report by the same person.

(5)The report must include the following elements:

(a)the name, civic address in Canada and postal address of the laboratory or the importer, as the case may be;

(b)the name of the individual who is authorized to act for the laboratory or the importer and their title, civic address in Canada, postal address, telephone number and email address;

(c)if the person submitting the report is described in paragraph (3)(a)

(i)the forms and quantities of processed asbestos fibres that they imported in the calendar year to which the report relates and the unit of measurement used to describe those quantities, and

(ii)the name, description and number of the products referred to in paragraph (1)(b) or (c) that they imported in the calendar year to which the report relates (by type of product), the estimated concentration and mass of asbestos in each product and the unit of measurement used to describe that concentration and mass; and

(d)if the person submitting the report is described in paragraph (3)(b)

(i)the forms and quantities of processed asbestos fibres that they used in the calendar year to which the report relates and the unit of measurement used to describe those quantities,

(ii)the name, description and number of the products referred to in paragraph (1)(b) or (c) that were used in the calendar year to which the report relates(by type of product), the estimated concentration and mass of asbestos in each product and the unit of measurement used to describe that concentration and mass,

(iii)a statement indicating whether the processed asbestos fibres or the products referred to in paragraph (1)(b) or (c) were used in the calendar year to which the report relates in scientific research, as an analytical standard or both, and

(iv)if the person used processed asbestos fibres, a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

14Chlor-alkali facilities#

(1)A person may use processed asbestos fibres in diaphragms used in a chlor-alkali facility that is in operation on the day on which these Regulations come into force, and may import them for that use, before January 1, 2030.

(2)A person who uses processed asbestos fibres in diaphragms used in a chlor-alkali facility in accordance with subsection (1) must prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1.

(3)A person who imports or uses processed asbestos fibres for use in diaphragms to be used in a chlor-alkali facility in accordance with subsection (1) must submit to the Minister, before March 31 of the calendar year following the calendar year in which the fibres are imported or used, a report that includes the following elements:

(a)the facility’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the facility and their title, civic address in Canada, postal address, telephone number and email address;

(c)the forms and quantities of any processed asbestos fibres imported in the calendar year to which the report relates and the unit of measurement used to describe those quantities;

(d)the number and the percentage of cells in the facility that have been converted to asbestos-free diaphragms; and

(e)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

(4)A person who imports or uses processed asbestos fibres for use in diaphragms used in a chlor-alkali facility in accordance with subsection (1) must ensure that each container of the fibres is labelled in accordance with Schedule 2.

Permits

15Asbestos management plan#

(1)A person who applies for a permit referred to in subsection 16(1), 17(1), 18(1), 19(1), 20(1) or 21(1) must prepare an asbestos management plan that meets the requirements set out in Schedule 1 and must implement the plan before they import or use the processed asbestos fibres, the product containing processed asbestos fibres or the consumer product containing asbestos in greater than trace amounts.

(2)Any person may use or sell fibres or products referred to in subsection 16(1) that were imported under the authority of a permit issued under subsection 16(3) if the use or sale is consistent with the purpose of the permit, unless that permit has been revoked under subsection 23(1).

(3)Any person may sell fibres or products referred to in subsection 17(1) whose use is authorized by a permit issued under subsection 17(3) if the sale is consistent with the purpose of the permit, unless that permit has been revoked under subsection 23(1).

(4)A person who purchases fibres or products that were sold in accordance with subsection (3) may use them if the use is consistent with the purpose of the permit issued under subsection 17(3), unless that permit has been revoked under subsection 23(1).

(5)A person may sell a product referred to in subsection 18(1), 19(1), 20(1) or 21(1) to the holder of a permit issued under subsection 18(3), 19(3), 20(3) or 21(3), as the case may be, if the sale is consistent with the purpose of the permit.

(6)Any person may use or sell equipment that was serviced with a product containing processed asbestos fibres under the authority of a permit issued under subsection 18(3), 19(3), 20(3) or 21(3), unless the permit that allowed the product to be imported or used, as the case may be, has been revoked under subsection 23(1).

16Protection of environment or human health — import#

(1)A permit issued under subsection (3) authorizes its holder to import the following to protect the environment or human health if there was no technically or economically feasible asbestos-free alternative available at the time the permit application was submitted:

(a)processed asbestos fibres;

(b)a product containing processed asbestos fibres; and

(c)a consumer product containing asbestos in greater than trace amounts.

(2)The permit application must include

(a)the applicant’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the applicant and their title, civic address in Canada, postal address, telephone number and email address;

(c)in the case of processed asbestos fibres,

(i)the forms and estimated quantities to be imported during the term of the permit and the unit of measurement used to describe those quantities, and

(ii)the purpose for which the processed asbestos fibres are to be used and evidence demonstrating that their use for that purpose will protect the environment or human health;

(d)in the case of a product referred to in paragraph (1)(b) or (c),

(i)the name and a description of the type of product to be imported,

(ii)the estimated concentration and mass of the asbestos in the product and the unit of measurement used to describe that concentration or mass,

(iii)the estimated number of products to be imported during the term of the permit, by type of product, and

(iv)the purpose for which the product is to be used and evidence demonstrating that its use for that purpose will protect the environment or human health;

(e)evidence demonstrating that no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought; and

(f)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

(3)The Minister may issue a permit if

(a)the elements set out in subsection (2) were submitted;

(b)those elements demonstrate that the fibres or products referred to in subsection (1) will be used to protect the environment or human health; and

(c)the information provided demonstrates that, at the time of the permit application, no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought.

(4)The Minister must refuse to issue a permit if

(a)the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

(b)the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

(5)The permit expires on the first anniversary of the day on which it is issued.

(6)The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

17Environment or human health — product in Canada#

(1)A permit issued under subsection (3) authorizes its holder to use the following to protect the environment or human health if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application:

(a)processed asbestos fibres that are in Canada;

(b)a product containing processed asbestos fibres and that is in Canada; and

(c)a consumer product containing asbestos in greater than trace amounts and that is in Canada.

(2)The application must include

(a)the applicant’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the applicant and their title, civic address in Canada, postal address, telephone number and email address;

(c)in the case of processed asbestos fibres,

(i)the forms and estimated quantities to be used during the term of the permit and the unit of measurement used to describe those quantities, and

(ii)the purpose for which the processed asbestos fibres are to be used and evidence demonstrating that their use for that purpose will protect the environment or human health;

(d)in the case of a product referred to in paragraph (1)(b) or (c),

(i)the name and a description of each type of product,

(ii)the estimated concentration and mass of the asbestos in the product and the unit of measurement used to describe that concentration or mass,

(iii)the estimated number of products to be used during the term of the permit, by type of product, and

(iv)the purpose for which the product is to be used and evidence demonstrating that its use for that purpose will protect the environment or human health;

(e)evidence demonstrating that no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought; and

(f)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

(3)The Minister may issue a permit if

(a)the elements set out in subsection (2) were submitted;

(b)those elements demonstrate that the fibres or products referred to in subsection (1) will be used to protect the environment or human health; and

(4)The Minister must refuse to issue a permit if

(a)the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

(b)the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

(5)The permit expires on the first anniversary of the day on which it is issued.

(6)The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

18Servicing military equipment — import#

(1)A permit issued under subsection (3) authorizes its holder, after December 31, 2022, to import and use products containing processed asbestos fibres to service military equipment if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application.

(2)The application must include

(a)the applicant’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the person and their title or rank, civic address in Canada, postal address, telephone number and email address;

(c)the name and a description of the military equipment that will be serviced with each product referred to in the application;

(d)the name and description of each type of product referred to in the application;

(e)the estimated concentration and mass of the asbestos in each product referred to in the application and the unit of measurement used to describe that concentration or mass;

(f)the estimated number of products to be imported during the term of the permit, by type of product;

(g)evidence, with respect to each type of product, demonstrating that there is no technically or economically feasible asbestos-free alternative available at the time of the permit application; and

(h)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

(3)The Minister may issue a permit if

(a)the elements set out in subsection (2) were submitted; and

(b)the information provided demonstrates that, at the time of the permit application, there was no technically or economically feasible asbestos-free alternative available .

(4)The Minister must refuse to issue a permit if

(a)the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

(b)the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

(5)The permit expires on the third anniversary of the day on which it was issued.

(6)The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

19Servicing military equipment — product in Canada#

(1)A permit issued under subsection (3) authorizes its holder to use a product containing processed asbestos fibres that is in Canada to service military equipment after December 31, 2022, if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application.

(2)The application must include

(a)the applicant’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the person and their title or rank, civic address in Canada, postal address, telephone number and email address;

(c)the name and a description of the military equipment that will be serviced with each product referred to in the application;

(d)the name and description of each type of product referred to in the application;

(e)the estimated concentration and mass of the asbestos in each product referred to in the application and the unit of measurement used to describe that concentration or mass;

(f)the estimated number of products to be used during the term of the permit, by type of product;

(g)evidence, with respect to each type of product, demonstrating that there is no technically or economically feasible asbestos-free alternative available at the time of the permit application; and

(h)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

(3)The Minister may issue a permit if

(a)the elements set out in subsection (2) were submitted; and

(b)the information provided demonstrates that, at the time of the permit application, there is no technically or economically feasible asbestos-free alternative available.

(4)The Minister must refuse to issue a permit if

(a)the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

(b)the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

(5)The permit expires on the third anniversary of the day on which it is issued.

(6)The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

20Nuclear facilities — import#

(1)A permit issued under subsection (3) authorizes its holder, after December 31, 2022, to import and use a product containing processed asbestos fibres to service equipment of a nuclear facility, if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application.

(2)The application must include

(a)the nuclear facility’s name, civic address in Canada and postal address;

(b)the name of the individual who is authorized to act for the nuclear facility and their title, civic address in Canada, postal address, telephone number and email address;

(c)the name and a description of the equipment of the nuclear facility that will be serviced with each product referred to in the application;

(d)the name and a description of each type of product referred to in the application;

(e)the estimated concentration and mass of the asbestos in each product referred to in the application and the unit of measurement used to describe that concentration or mass;

(f)the estimated number of products to be imported during the term of the permit, by type of product;

(g)evidence, with respect to each type of product, demonstrating that there is no technically or economically feasible asbestos-free alternative available at the time of the permit application; and

(h)a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

(3)The Minister may issue a permit if

(a)the elements set out in subsection (2) were submitted; and

(b)the information provided demonstrates that, at the time of the permit application, there was no technically or economically feasible asbestos-free alternative available .

(4)The Minister must refuse to issue a permit if

(a)the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

(b)the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

(5)A permit expires on the third anniversary of the day on which it is issued.

(6)The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

21Servicing nuclear facilities — product in Canada#

(1)A permit issued under subsection (3) authorizes its holder to use a product containing processed asbestos fibres and that is in Canada to service equipment of a nuclear facility after December 31, 2022, if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application.