Canada has published two pieces of legislation that will amend the Canadian Environmental Protection Act, 1999 (CEPA 1999), and will effectively introduce a blanket ban on asbestos.
Published in Part II of the Canada Gazette in October 2018, the two pieces of legislation are:
- Prohibition of Asbestos and Products Containing Asbestos Regulations SOR/2018-196 (the Regulations)
- Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999: SOR/2018-193 (the Order)
SOR/2018-196 effectively prohibits the import, sale and use of asbestos and the manufacture, import, sale and use of products containing asbestos. A limited number of exemptions do exist for specified applications.
The prohibition covers:
- Processed asbestos fibers
- Products containing processed asbestos fibers unless those fibers are the result of the degradation of asbestos integrated into a product, a structure or infrastructure
- Consumer products containing asbestos in greater than trace amounts
Please note, the Regulations do not establish a threshold for the presence of processed asbestos fibers in products.
The Regulatory Impact Analysis Statement in the Regulations states that guidance material has been prepared and will be made available to stakeholders to provide information on the prohibition of naturally occurring asbestos above trace amounts in consumer products.
The Regulations will amend the Export of Substances on the Export Control List Regulations (ESECL Amendments). This will prohibit the export of all forms of asbestos, with a limited number of exceptions. The Regulations are also more comprehensive than Asbestos Products Regulations (APR): SOR/2018-197, issued under the Canada Consumer Product Safety Act (CCPSA), which will therefore be repealed on the day the new Regulations come into force - December 30, 2018.
SOR/2018-193 (the Order) amends CEPA 1999 by, amongst other things, specifying the types of asbestos in Parts 2 and 3 of Schedule 3 to CEPA 1999. This will also become effective on December 30, 2018.
Stakeholders are now advised to check their products comply with the latest asbestos regulations under Canadian law.
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