Consultation on regulatory approach to prohibit asbestos: chapter 6


5.1 Information gathering

In order to fill data gaps and obtain the necessary information to conduct a cost-benefit analysis for the proposed regulations, a mandatory survey notice was issued under section 71 of the Canadian Environmental Protection Act (CEPA) to gather current information, including the quantity of asbestos and products containing asbestos in commerce in Canada, product types, and the number and size of companies that would be impacted by the proposed regulations.

The data received from the survey have been analyzed, and additional information on certain activities is needed to address remaining data gaps. Stakeholders are invited to submit information in response to the questions below as relevant to their activities:

  1. Does your company import or use products containing asbestos for which there is no alternative? If yes, please describe the product and its purpose.
  2. Does your company use asbestos to make a product containing asbestos for which there is an alternative(s)?  If yes, please:
    • describe the product containing asbestos;
    • describe the alternative(s);
    • provide the cost of reformulation;
    • provide the percentage increase in raw material costs of using alternative(s) to manufacture comparable products; and
    • describe the potential impact on quality of the products.
  3. Does your company have an inventory of products containing asbestos?  If yes, please describe the type of products and estimate the period of time it would take to eliminate the inventory.
  4. Does your company use material that contains naturally occurring traces of asbestos?  If yes, please:
    • describe the material;
    • describe the type of product manufactured; and
    • provide the level of asbestos in the raw material and in the finished product.
  5. Does your company import or use asbestos or asbestos containing products in a laboratory for analysis, in scientific research or as a laboratory analytical standard?  If yes, could you indicate the quantity of asbestos and the concentration of asbestos in the products containing asbestos your company imported or used during a calendar year?
  6. Do you anticipate your company would be subject to the reporting requirements described in section 3.1.6 of this document? If yes, please provide the type of employee (salary) required to perform the task and the estimated time that would be required to meet the requirements
  7. Do you anticipate your company would be subject to the record keeping requirements described in section 3.1.7 of this document? If yes, please provide the type of employee (salary) required to perform the task and the estimated time that would be required to meet the requirements.
  8. The final regulations would be published in Canada Gazette, Part II in the fall of 2018. Do you expect your company to completely phase-out the following activities before or by the fall of 2018:
    • import of asbestos or asbestos containing products,
    • manufacture of asbestos containing products, and/or
    • export of asbestos or asbestos containing products.

Please explain any significant challenges to completing the phase-out by fall of 2018 and provide an achievable timeline for your company to completely phase-out the above listed activities. In addition, provide an estimate of the costs associated with completing the phase-out.

This information will be used to support the development of the regulatory proposal and to assess the incremental impacts of the proposed regulations. Please provide the above-listed information to the contact provided at the end of this document. If you have already provided responses to some of these questions through comments submitted with regards to the Notice of Intent (NOI) or through the mandatory survey notice issued under section 71 of CEPA, please only provide any new information that was not previously submitted.

5.2 Previous consultation

Twenty-two comments were received following the publication of the NOI on December 17, 2016.  Comments were received from three industry associations, eight labour organizations and non-governmental organizations, six regional stakeholders, as well as five individuals.

Stakeholders generally expressed support for reducing and limiting the health risks from asbestos.  Many stakeholders were supportive of the prohibition. Stakeholders supportive of a comprehensive prohibition requested that there be no exemptions and no threshold for allowable asbestos in products. Other stakeholders expressed concerns about the application of the prohibition to mining residues. Some stakeholders suggested the need to consider exemptions for certain industrial uses citing socio-economic challenges in moving to asbestos-free alternatives. In addition, some stakeholders commented that any restrictions should be risk-based.

Comments received on the regulatory approach described in the NOI have been considered in the development of this Consultation Document.

In addition to comments submitted on the regulatory approach, stakeholders also provided numerous comments on other elements of the Government-wide strategy for the management of asbestos. These were forwarded to appropriate departments for their consideration. More information about the Government-wide strategy is available on-line.  Further information on the role of other departments involved with the government-wide strategy, is also availalbe.

5.3 Comment period

Comments on the Consultation Document must be submitted no later than June 4, 2017 to the contact information below. Comments received will be taken into consideration in the drafting of the proposed regulations.

Pursuant to section 313 of CEPA, any person who provides information to the Minister of the Environment under CEPA may submit with the information a written request that it be treated as confidential. Please address comments to the Chemical Management Division with the subject “Consultation on the proposed regulatory approach for asbestos”. Comments can be submitted by mail or email.

By mail:

Chemicals Management Division
Environment and Climate Change Canada
Place Vincent Massey, 10th Floor
351 St. Joseph Boulevard
Gatineau, Quebec
K1A 0H3

By email:

ec.amiante-asbestos.ec@canada.ca

A confirmation email will be sent to those that submit their information and comments by email.

5.4 Planned timelines

Comments on the Consultation Document will be considered in the development of the Proposed Regulations, expected to be published in Canada Gazette, Part I in December 2017 for a consultation period of 75 days.  Comments received on the Proposed Regulations will be considered in the development of the Final Regulations, targeted for publication in 2018.

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