Prohibition of Asbestos and Products Containing Asbestos Regulations: frequently asked questions


Prohibition of Asbestos and Products Containing Asbestos Regulations

  1. What is the purpose of these regulations?
  2. What are the key elements of these regulations?
  3. How do these regulations affect Canadian businesses?
  4. What is the timeline for implementation?
  5. Where can I get more information?

1. What is the purpose of these regulations?

The purpose of these regulations is to prevent new asbestos and products containing asbestos from entering the Canadian marketplace to protect the health of Canadians.

Asbestos can cause life-threatening diseases, such as asbestosis, mesothelioma and lung cancer.

2. What are the key elements of these regulations?

The regulations prohibit the import, sale and use of asbestos and the manufacture, import, sale and use of products containing asbestos, with limited exclusions.

The regulations do not apply to asbestos integrated into a structure or infrastructure before the day on which the Regulations come into force (such as asbestos integrated into buildings and civil engineering works), or to products containing asbestos used before the day on which the regulations come into force (such as equipment installed in a facility, vehicles, ships, and airplanes).

The regulations do not apply to asbestos and products containing asbestos in transit through Canada.

The regulations do not apply to mining residues, except for certain high risk activities which are prohibited, including:

  • the sale of asbestos mining residues for use in construction and landscaping activities, unless authorized by the province, and
  • the use of asbestos mining residues to manufacture a product that contains asbestos

3. How do these regulations affect Canadian businesses?

The regulations apply to any person who manufactures, imports, sells or uses asbestos or products containing asbestos.

The regulations include the following exclusions:

  • an ongoing exclusion for the transfer of physical possession or control of asbestos or a product containing asbestos to allow its disposal
  • an ongoing exclusion for the re-use of asbestos in existing road infrastructure into new road infrastructure or in asbestos mining site restoration
  • an ongoing exclusion for the import, sale or use of military equipment serviced overseas with a product containing asbestos if there were no technically or economically feasible asbestos-free alternatives available
  • an exclusion until December 31, 2022 for the import, sale or use of products containing asbestos to service equipment in nuclear facilities, or to service military equipment, if there are no technically or economically feasible asbestos-free alternatives available
  • an ongoing exclusion for the import, sale or use of asbestos and products containing asbestos for display in a museum or for use in a laboratory, and
  • an exclusion until December 31, 2029 for the import and use of asbestos for chlor-alkali facilities using asbestos diaphragm technology

The regulations include permit provisions for unforeseen circumstances where asbestos or a product containing asbestos is used to protect human health or the environment, if there is no technically or economically feasible asbestos-free alternative available.

The regulations also include permit provisions for the import and use of products containing asbestos to service military equipment and equipment in a nuclear facility, if there is no technically or economically feasible asbestos-free alternative available.

The regulations require the submission of reports from museums, laboratories, and military, nuclear and chlor-alkali facilities, as well as permit holders, who import, use or display asbestos or products containing asbestos. The preparation and implementation of an asbestos management plan is also required in most cases.

4. What is the timeline for implementation?

Timeline
Date Requirement
October 17, 2018 Publication of the Prohibition of Asbestos and Products Containing Asbestos Regulations
December 30, 2018
(90 days after registration)
Prohibition of Asbestos and Products Containing Asbestos Regulations come into force - the import, sale and use of asbestos and the manufacture, import, sale and use of products containing asbestos are prohibited, with a limited number of exclusions.
December 31, 2022 The use of products containing asbestos to service equipment in a nuclear facility, or to service military equipment is prohibited unless a permit has been issued.
December 31, 2029 The import and use of asbestos in chlor-alkali facilities is prohibited.

5. Where can I get more information?

The regulations can be found in the Canada Gazette.

For further information on the Government of Canada’s actions on asbestos, please visit webpages Toxic substances list: asbestos and Chemicals Management Plan: asbestos.

For further information on the health risks of asbestos and how Canadians can protect themselves from exposure to asbestos, please visit the Health risks of asbestos webpage.

Questions can be submitted by mail or email:

By mail:

Chemicals Management Division
Environment and Climate Change Canada
Place Vincent Massey 10th Floor
351 Saint-Joseph Blvd
Gatineau Quebec  K1A 0H3

By email: ec.amiante-asbestos.ec@canada.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and consulting with Canadians websites.

Note

This document is intended to provide contextual information on the Prohibition of Asbestos and Products Containing Asbestos Regulations. It does not replace the Canadian Environmental Protection Act, 1999 or the Prohibition of Asbestos and Products Containing Asbestos Regulations. In the event of any inconsistencies, the Canadian Environmental Protection Act, 1999 and the Prohibition of Asbestos and Products Containing Asbestos Regulations shall prevail.
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