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

Marginal note:Laboratory use

• 13 (1) A person may use the following in a laboratory in scientific research, for sample characterization or as an analytical standard and may import or sell it for such use:

  • (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:Asbestos management plan

  (2) A person who uses processed asbestos fibres referred to in paragraph (1)(a) in a laboratory in scientific research or as an analytical standard must prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1.

• Marginal note:Report

  (3) A person must submit a report to the Minister that includes the elements referred to in subsection (5) before March 31 of the calendar year following the calendar year in which they

  • (a) imported processed asbestos fibres referred to in paragraph (1)(a) or a product referred to in paragraph (1)(b) or (c) for use in a laboratory in scientific research or as an analytical standard if the import occurred after the coming into force of these Regulations; or

  • (b) used processed asbestos fibres referred to in paragraph (1)(a) or a product referred to in paragraph (1)(b) or (c) in a laboratory in scientific research or as an analytical standard if those fibres or that product was imported after the coming into force of these Regulations.

• Marginal note:Previously reported asbestos

  (4) Subsection (3) does not apply in respect of processed asbestos fibres referred to in paragraph 1(a) or products referred to in paragraph (1)(b) or (c) for which the elements set out in subsection (5) have been submitted to the Minister in a previous report by the same person.

• Marginal note:Contents of report

  (5) The report must include the following elements:

  • (a) the name, civic address in Canada and postal address of the laboratory or the importer, as the case may be;

  • (b) the name of the individual who is authorized to act for the laboratory or the importer and their title, civic address in Canada, postal address, telephone number and email address;

  • (c) if the person submitting the report is described in paragraph (3)(a)

    • (i) the forms and quantities of processed asbestos fibres that they imported in the calendar year to which the report relates and the unit of measurement used to describe those quantities, and

    • (ii) the name, description and number of the products referred to in paragraph (1)(b) or (c) that they imported in the calendar year to which the report relates (by type of product), the estimated concentration and mass of asbestos in each product and the unit of measurement used to describe that concentration and mass; and

  • (d) if the person submitting the report is described in paragraph (3)(b)

    • (i) the forms and quantities of processed asbestos fibres that they used in the calendar year to which the report relates and the unit of measurement used to describe those quantities,

    • (ii) the name, description and number of the products referred to in paragraph (1)(b) or (c) that were used in the calendar year to which the report relates(by type of product), the estimated concentration and mass of asbestos in each product and the unit of measurement used to describe that concentration and mass,

    • (iii) a statement indicating whether the processed asbestos fibres or the products referred to in paragraph (1)(b) or (c) were used in the calendar year to which the report relates in scientific research, as an analytical standard or both, and

    • (iv) if the person used processed asbestos fibres, a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

Marginal note:Chlor-alkali facilities

• 14 (1) A person may use processed asbestos fibres in diaphragms used in a chlor-alkali facility that is in operation on the day on which these Regulations come into force, and may import them for that use, before January 1, 2030.

• Marginal note:Asbestos management plan

  (2) A person who uses processed asbestos fibres in diaphragms used in a chlor-alkali facility in accordance with subsection (1) must prepare and implement an asbestos management plan that meets the requirements set out in Schedule 1.

• Marginal note:Report

  (3) A person who imports or uses processed asbestos fibres for use in diaphragms to be used in a chlor-alkali facility in accordance with subsection (1) must submit to the Minister, before March 31 of the calendar year following the calendar year in which the fibres are imported or used, a report that includes the following elements:

  • (a) the facility’s name, civic address in Canada and postal address;

  • (b) the name of the individual who is authorized to act for the facility and their title, civic address in Canada, postal address, telephone number and email address;

  • (c) the forms and quantities of any processed asbestos fibres imported in the calendar year to which the report relates and the unit of measurement used to describe those quantities;

  • (d) the number and the percentage of cells in the facility that have been converted to asbestos-free diaphragms; and

  • (e) a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been implemented.

• Marginal note:Labelling

  (4) A person who imports or uses processed asbestos fibres for use in diaphragms used in a chlor-alkali facility in accordance with subsection (1) must ensure that each container of the fibres is labelled in accordance with Schedule 2.

Permits

Marginal note:Asbestos management plan

• 15 (1) A person who applies for a permit referred to in subsection 16(1), 17(1), 18(1), 19(1), 20(1) or 21(1) must prepare an asbestos management plan that meets the requirements set out in Schedule 1 and must implement the plan before they import or use the processed asbestos fibres, the product containing processed asbestos fibres or the consumer product containing asbestos in greater than trace amounts.

• Marginal note:Use or sale — imported fibres and products

  (2) Any person may use or sell fibres or products referred to in subsection 16(1) that were imported under the authority of a permit issued under subsection 16(3) if the use or sale is consistent with the purpose of the permit, unless that permit has been revoked under subsection 23(1).

• Marginal note:Sale — fibres and products

  (3) Any person may sell fibres or products referred to in subsection 17(1) whose use is authorized by a permit issued under subsection 17(3) if the sale is consistent with the purpose of the permit, unless that permit has been revoked under subsection 23(1).

• Marginal note:Use — sold fibres and products

  (4) A person who purchases fibres or products that were sold in accordance with subsection (3) may use them if the use is consistent with the purpose of the permit issued under subsection 17(3), unless that permit has been revoked under subsection 23(1).

• Marginal note:Sale to permit holder

  (5) A person may sell a product referred to in subsection 18(1), 19(1), 20(1) or 21(1) to the holder of a permit issued under subsection 18(3), 19(3), 20(3) or 21(3), as the case may be, if the sale is consistent with the purpose of the permit.

• Marginal note:Use and sale — equipment

  (6) Any person may use or sell equipment that was serviced with a product containing processed asbestos fibres under the authority of a permit issued under subsection 18(3), 19(3), 20(3) or 21(3), unless the permit that allowed the product to be imported or used, as the case may be, has been revoked under subsection 23(1).

Marginal note:Protection of environment or human health — import

• 16 (1) A permit issued under subsection (3) authorizes its holder to import the following to protect the environment or human health if there was no technically or economically feasible asbestos-free alternative available at the time the permit application was submitted:

  • (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:Contents of permit application

  (2) The permit application must include

  • (a) the applicant’s name, civic address in Canada and postal address;

  • (b) the name of the individual who is authorized to act for the applicant and their title, civic address in Canada, postal address, telephone number and email address;

  • (c) in the case of processed asbestos fibres,

    • (i) the forms and estimated quantities to be imported during the term of the permit and the unit of measurement used to describe those quantities, and

    • (ii) the purpose for which the processed asbestos fibres are to be used and evidence demonstrating that their use for that purpose will protect the environment or human health;

  • (d) in the case of a product referred to in paragraph (1)(b) or (c),

    • (i) the name and a description of the type of product to be imported,

    • (ii) the estimated concentration and mass of the asbestos in the product and the unit of measurement used to describe that concentration or mass,

    • (iii) the estimated number of products to be imported during the term of the permit, by type of product, and

    • (iv) the purpose for which the product is to be used and evidence demonstrating that its use for that purpose will protect the environment or human health;

  • (e) evidence demonstrating that no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought; and

  • (f) a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit if

  • (a) the elements set out in subsection (2) were submitted;

  • (b) those elements demonstrate that the fibres or products referred to in subsection (1) will be used to protect the environment or human health; and

  • (c) the information provided demonstrates that, at the time of the permit application, no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought.

• Marginal note:Refusal

  (4) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

  • (b) the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

• Marginal note:Term of permit

  (5) The permit expires on the first anniversary of the day on which it is issued.

• Marginal note:Report

  (6) The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

Marginal note:Environment or human health — product in Canada

• 17 (1) A permit issued under subsection (3) authorizes its holder to use the following to protect the environment or human health if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application:

  • (a) processed asbestos fibres that are in Canada;

  • (b) a product containing processed asbestos fibres and that is in Canada; and

  • (c) a consumer product containing asbestos in greater than trace amounts and that is in Canada.

• Marginal note:Contents of permit application

  (2) The application must include

  • (a) the applicant’s name, civic address in Canada and postal address;

  • (b) the name of the individual who is authorized to act for the applicant and their title, civic address in Canada, postal address, telephone number and email address;

  • (c) in the case of processed asbestos fibres,

    • (i) the forms and estimated quantities to be used during the term of the permit and the unit of measurement used to describe those quantities, and

    • (ii) the purpose for which the processed asbestos fibres are to be used and evidence demonstrating that their use for that purpose will protect the environment or human health;

  • (d) in the case of a product referred to in paragraph (1)(b) or (c),

    • (i) the name and a description of each type of product,

    • (ii) the estimated concentration and mass of the asbestos in the product and the unit of measurement used to describe that concentration or mass,

    • (iii) the estimated number of products to be used during the term of the permit, by type of product, and

    • (iv) the purpose for which the product is to be used and evidence demonstrating that its use for that purpose will protect the environment or human health;

  • (e) evidence demonstrating that no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought; and

  • (f) a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit if

  • (a) the elements set out in subsection (2) were submitted;

  • (b) those elements demonstrate that the fibres or products referred to in subsection (1) will be used to protect the environment or human health; and

  • (c) the information provided demonstrates that, at the time of the permit application, no technically or economically feasible asbestos-free alternative could be used to achieve the purpose for which the permit is sought.

• Marginal note:Refusal

  (4) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

  • (b) the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

• Marginal note:Term of permit

  (5) The permit expires on the first anniversary of the day on which it is issued.

• Marginal note:Report

  (6) The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.