Prohibition of Certain Toxic Substances Regulations, 2012

Marginal note:Toxic substance — Schedule 2

• 6 (1) Subject to subsections (2) to (2.5) and sections 7 and 9, a person must not manufacture, use, sell, offer for sale or import a toxic substance set out in column 1 of Part 1, 1.1, 1.2, 2, 3 or 3.1 of Schedule 2 or a product containing it unless the toxic substance is incidentally present.

• Marginal note:Permitted activities — Schedule 2

  (2) The prohibition to manufacture, use, sell, offer for sale or import a toxic substance set out in column 1 of Part 1, 2 or 3 of Schedule 2 or a product containing it does not apply if

  • (a) the toxic substance set out in column 1 of Part 1 of Schedule 2 or the product containing it is designed for a use set out in column 2 in respect of that substance;

  • (b) the toxic substance set out in column 1 of Part 2 of Schedule 2 or a product containing it is designed for a use set out in column 2 and that activity occurs before the date set out in column 3; or

  • (c) a product set out in column 2 of Part 3 of Schedule 2 contains the toxic substance set out in column 1 in a concentration less than or equal to that set out in column 3, including any incidental presence of the substance.

• Marginal note:Permitted use and import — Part 1.1 of Schedule 2

  (2.1) The prohibition to use or import a product containing a toxic substance set out in column 1 of item 1 of Part 1.1 of Schedule 2 does not apply to a product set out in column 2 of that item that contains that substance.

• Marginal note:Permitted activities — Part 1.1 of Schedule 2

  (2.2) The prohibition to use, sell, offer for sale or import a product containing a toxic substance set out in column 1 of any of items 2 to 5 of Part 1.1 of Schedule 2 does not apply to a product set out in column 2 of those items that contains that substance.

• Marginal note:Permitted use — Part 1.2 of Schedule 2

  (2.3) The prohibition to use a product containing a toxic substance set out in column 1 of Part 1.2 of Schedule 2 does not apply to a product set out in column 2 that contains that substance.

• Marginal note:Non-application — manufactured items

  (2.4) The prohibition to use, sell, offer for sale or import a product containing a toxic substance set out in column 1 of any of items 2 to 5 of Part 2 of Schedule 2 does not apply to a product that is a manufactured item that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design.

• Marginal note:Permitted use — Part 3.1 of Schedule 2

  (2.5) The prohibition to use a product containing a toxic substance set out in column 1 of Part 3.1 of Schedule 2 does not apply to a product set out in column 2 that contains the substance in a concentration less than or equal to that set out in column 3, including any incidental presence of the substance.

• Marginal note:Exception — incidental presence

  (3) For greater certainty, the exception of the incidental presence referred to in subsection (1) does not apply in the case of a product described in paragraph (2)(c).

• Marginal note:Exception — personal use

  (4) Subsection (1) does not apply to the use or import of a product containing a toxic substance set out in column 1 of Part 2 of Schedule 2 if the product is used or intended to be used for a personal use.

• (5) [Repealed, SOR/2016-252, s. 5]