Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

asbestos product

produit en amiante

asbestos product means a product that contains any type of asbestos, including actinolite, amosite, anthophyllite, chrysotile, crocidolite, cummingtonite, fibrous erionite and tremolite. (produit en amiante)

display surface

aire d’affichage

display surface means any part of the surface area of an asbestos product or its container on which the information required by these Regulations can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a product or container. (aire d’affichage)

main display panel

aire d’affichage principale

main display panel means any part of the display surface that is displayed or visible under normal conditions of sale to the consumer. It includes

• (a) in the case of a rectangular product or container, the largest side of the display surface;

• (b) in the case of a cylindrical product or container, the larger of

  • (i) the area of the top, and

  • (ii) 40% of the area obtained by multiplying the circumference of the product or container by the height of the display surface;

• (c) in the case of a bag, the largest side of the bag; and

• (d) in any other case, the largest side of the product or container that is not less than 40% of the total display surface. (aire d’affichage principale)

Authorization

Marginal note:Advertising, sale and importation

2 The advertising, sale and importation of an asbestos product are authorized if the requirements of these Regulations are met.

Requirements

Non-Crocidolite Asbestos Products

Marginal note:Authorized asbestos products

• 3 (1) Subject to subsection (2), a person may advertise, sell or import an asbestos product that does not contain crocidolite asbestos.

• Marginal note:Conditional authorization

  (2) A person may advertise, sell or import an asbestos product that does not contain crocidolite asbestos and that is set out in column 1 of the table to this section if the requirements set out in column 2 are met.

• Marginal note:Prohibited asbestos products

  (3) Subsections (1) and (2) do not apply to any of the following asbestos products:

  • (a) a product for use in modelling or sculpture;

  • (b) a product for use in simulating ashes or embers; and

  • (c) a consumer product that is composed entirely of asbestos.

  	Column 1	Column 2
  Item	Non-crocidolite asbestos products	Requirements
  1	A textile fibre product that is worn on the person	(a) The product provides protection from fire or heat hazards. (b) A person who uses the product in a reasonably foreseeable manner cannot come into contact with airborne asbestos from the product.
  2	A product that is used by a child in learning or play	Airborne asbestos cannot become separated from the product.
  3	A product that is used in construction, repair or renovation as a drywall joint cement or compound or as a spackling or patching compound	Airborne asbestos cannot become separated from the product during its post-manufacture preparation, application or removal.
  4	A product that is applied by spraying	(a) The asbestos is encapsulated with a binder during spraying. (b) The materials that result from the spraying are not friable after drying.

Crocidolite Asbestos Products

Marginal note:Conditional authorization

4 A person may advertise, sell or import an asbestos product that contains crocidolite asbestos and that is set out in the table to this section if all of the following requirements are met:

• (a) the product is not composed entirely of crocidolite asbestos;

• (b) a person who uses the product in a reasonably foreseeable manner cannot come into contact with airborne asbestos from the product; and

• (c) in the case of a product set out in any of items 1 to 4 of the table to this section, the following statement is legibly printed, in accordance with section 6, and prominently displayed on the product’s container or, if the product has no container, on the product itself or on a label affixed to it:

  “CONTAINS CROCIDOLITE ASBESTOS — CONTIENT DE L’AMIANTE CROCIDOLITE”.

Marginal note:Asbestos product imported for manufacturing

5 A person may import an asbestos product that is composed entirely of crocidolite asbestos for the purpose of manufacturing a product set out in item 3 or 4 of the table to section 4 if both of the following conditions are met:

• (a) on or before the date of importation, the importer gives an inspector a written notice that contains all of the following information:

  • (i) a declaration that states that the person has imported or intends to import the asbestos product,

  • (ii) a description of the product and a statement of the quantity imported or to be imported,

  • (iii) the date or proposed date of importation,

  • (iv) the port of entry or the proposed port of entry, and

  • (v) the address of the premises where the asbestos product is to be used in the manufacture; and

• (b) the following statement is legibly printed, in accordance with section 6, and prominently displayed on the product’s container or on a label affixed to the container, in such a way that the statement remains prominently displayed and legible until the asbestos product is used in the manufacturing process:

  “CONTAINS CROCIDOLITE ASBESTOS — CONTIENT DE L’AMIANTE CROCIDOLITE”.

Marginal note:Format of statement

6 The statement required by paragraphs 4(c) and 5(b) must be printed in bold-faced type that has the following minimum height:

• (a) in the case of an asbestos product that is in a container whose main display panel area is set out in column 1 of the table to this section, the height set out in column 2;

• (b) in the case of an asbestos product that is not in a container, that is rectangular or cylindrical in shape and whose main display panel area is set out in column 1 of the table to this section, the height set out in column 2; and

• (c) in the case of an asbestos product that is not in a container and that is not rectangular or cylindrical in shape, 12 mm.

Repeal

7 [Repeal]

Coming into Force

Marginal note:Registration

8 These Regulations come into force on the day on which they are registered.