Certain Products Containing Toxic Substances Regulations (SOR/2025-36)

Marginal note:Application

• 3 (1) A manufacturer or importer who wishes to obtain a permit referred to in paragraph 14(a), 18(a) or 22(b) must submit an application to the Minister in accordance with sections 8 and 9 that contains the following information and documents:

  • (a) respecting the applicant,

    • (i) their name, civic and postal addresses, telephone number, email address and, if any, business number assigned by the Minister of National Revenue, and

    • (ii) if applicable, the name, title, civic and postal addresses, telephone number and email address of their duly authorized representative;

  • (b) respecting the regulated product,

    • (i) its common or generic name and, if any, trade name and trademark,

    • (ii) the product category, any information establishing that the regulated product belongs to that category and the part of these Regulations that applies in respect of the product,

    • (iii) the total quantity and concentration of the toxic substance contained in the regulated product and the units of measurement used to express that quantity and concentration,

    • (iv) the estimated quantity of the regulated product to be manufactured, imported or sold, as the case may be, by the applicant in each calendar year of the validity period of the permit requested under paragraph (e) and, if applicable, the unit of measurement used to express that quantity, and

    • (v) an identification and description of its intended use and any of its other potential uses;

  • (c) evidence — along with all supporting documents — that, at the time of the application, it is not technically or economically feasible for the applicant to use an alternative to or a substitute for the regulated product or the toxic substance contained in the regulated product that

    • (i) achieves a similar result as would be achieved by using the toxic substance, and

    • (ii) has a less harmful effect on the environment or on human health than the toxic substance;

  • (d) a plan that identifies and describes

    • (i) the measures that the applicant will take to minimize or eliminate any harmful effect that the toxic substance contained in the regulated product has or may have on the environment and human health, including measures to ensure that the toxic substance is handled and transported safely and is not released into the environment during normal use of the regulated product and at the end of its useful life, and

    • (ii) the measures that the applicant will take to, within a stated period, eliminate the toxic substance contained in the regulated product or reduce its concentration to the point that these Regulations no longer apply to the product; and

  • (e) the requested validity period for the permit which must not exceed three years with reasons for that requested period.

• Marginal note:Clarifications

  (2) The Minister may, on receiving the application, require any clarifications respecting the information or documents provided that are necessary for the application to be processed.

• Marginal note:Notice of change to information

  (3) The applicant must notify the Minister in accordance with sections 8 and 9 of any change to the information and documents provided under this section and must do so within 30 days after the day on which the change occurs.