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Prohibition of Asbestos and Products Containing Asbestos Regulations (SOR/2018-196)

Regulations are current to 2019-08-28 and last amended on 2018-12-30. Previous Versions

Prohibition of Asbestos and Products Containing Asbestos Regulations

SOR/2018-196

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2018-10-01

Prohibition of Asbestos and Products Containing Asbestos Regulations

P.C. 2018-1210 2018-09-28

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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;

Whereas, 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 6Footnote c of that Act;

And 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 286.1Footnote d of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Prohibition of Asbestos and Products Containing Asbestos Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

military equipment

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

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

Non-application

Marginal note:In 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.

  • Marginal note:Mining residues and pest control products

    (2) These Regulations do not apply

Marginal note:Integrated 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.

  • Marginal note:Asbestos product in use

    (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

Marginal note:Import, 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.

Marginal note:Manufacture

 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.

Marginal note:Mining 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.

  • Marginal note:Mining residues — products containing asbestos

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

Exclusions

Marginal note:Disposal

 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.

Marginal note:Roads

 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.

Marginal note:Importing 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.

  • Marginal note:Report

    (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.

  • Marginal note:Definition of military operation

    (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.

Marginal note:Servicing 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.

  • Marginal note:Use or sale of military equipment

    (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.

  • Marginal note:Report and management plan

    (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).

  • Marginal note:Contents of report

    (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.

 
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