Asbestos Products Regulations (SOR/2016-164)

Regulations are current to 2017-11-06

Asbestos Products Regulations

SOR/2016-164

CANADA CONSUMER PRODUCT SAFETY ACT

Registration 2016-06-22

Asbestos Products Regulations

P.C. 2016-591 2016-06-21

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety ActFootnote a, makes the annexed Asbestos Products Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

asbestos product

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

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, but 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 the product or container. (aire d’affichage)

main display panel

main display panel means any part of the display surface that is displayed or visible under normal conditions of sale to the consumer and 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 display surface. (aire d’affichage principale)

Requirements

Non-crocidolite Asbestos Products

Marginal note:Use and composition
  •  (1) An asbestos product that does not contain crocidolite must not be a product that is

    • (a) for use in modelling or sculpture;

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

    • (c) composed entirely of asbestos.

  • Marginal note:Particular products

    (2) An asbestos product that does not contain crocidolite that is set out in column 1 of the table to this subsection must meet the requirements set out in column 2.

    TABLE TO SUBSECTION 2(2)

    Non-Crocidolite Asbestos Products

    Column 1Column 2
    ItemNon-crocidolite asbestos productRequirements
    1A 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.

    2A product that is used by a child in learning or playAsbestos cannot become separated from the product.
    3Drywall joint cement or compound, or spackling or patching compound, that is used in construction, repair or renovationAsbestos cannot become separated from the product during its post-manufacture preparation, application or removal.
    4A 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:General requirements

 Subject to section 4, an asbestos product must not contain crocidolite unless the following requirements are met:

  • (a) the product is set out in the table to this section;

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

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

  • (d) if the product is 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 5, 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

TABLE TO SECTION 3

Crocidolite Asbestos Products

ItemAsbestos product that contains crocidolite
1Asbestos cement pipe
2Torque converter
3Diaphragm for chloralkali production
4Acid and temperature resistant seal, gasket, gland packing or flexible coupling
5A product that is composed of or contains one or more of the asbestos products set out in items 1 to 4
Marginal note:Asbestos product imported for manufacturing

 A person may import an asbestos product that is composed entirely of crocidolite for the purpose of manufacturing a product set out in item 3 or 4 of the table to section 3 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 5, 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

 The statement required under paragraphs 3(d) and 4(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.

TABLE TO SECTION 5

Minimum Height of Type

Column 1Column 2
ItemArea of main display panelMinimum height of type (mm)
1250 cm2 or less2
2More than 250 cm2 but not more than 1 000 cm26
3More than 1 000 cm2 but not more than 3 500 cm212
4More than 3 500 cm224
 
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