The Canada Gazette has published the Prohibition of Asbestos and Products Containing Asbestos Regulations (SOR/2018-196) to replace the current Asbestos Products Regulations (SOR/2016-164) for banning asbestos and asbestos containing products in Canada. The newly issued asbestos regulations (SOR/2018-196) would be annexed to the Canadian Environmental Protection Act, 1999 and have more details in requirements than the current asbestos regulations (SOR/2016-164). Here are the highlights:

1.   A person must not import, sell or use

1. processed asbestos fibres;
2. 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
3. a consumer product containing asbestos in greater than trace amounts.

2.   A person must not manufacture

1. 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
2. a consumer product containing asbestos in greater than trace amounts.
   

The new asbestos regulations (SOR/2018-196) do not clearly define the “trace amount”. However, for the purpose of clarification, guidance material was said to have been prepared and will be made available to public to provide information on the prohibition of naturally occurring asbestos above trace amounts in consumer products.

The Prohibition of Asbestos and Products Containing Asbestos Regulations (SOR/2018-196) will come into force on 30th Dec, 2018, and the current asbestos regulations (SOR/2016-164) will be replaced accordingly.

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