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Version of document from 2018-01-01 to 2020-10-05:

Microbeads in Toiletries Regulations

SOR/2017-111

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2017-06-02

Microbeads in Toiletries Regulations

P.C. 2017-570 2017-06-02

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on November 5, 2016, a copy of the proposed Microbeads in Toiletries Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Microbeads in Toiletries Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

microbeads

microbeads means the plastic microbeads set out in item 133 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999. (microbilles)

toiletries

toiletries means any personal hair, skin, teeth or mouth care products for cleansing or hygiene, including exfoliants and any of those products that is also a natural health product as defined in the Natural Health Products Regulations or a non-prescription drug. (produit de toilette)

Application

Marginal note:Non-application

 These Regulations do not apply to prescription drugs within the meaning of section A.01.010 of the Food and Drug Regulations.

Prohibitions

Marginal note:Manufacture and importation

  •  (1) A person must not manufacture or import any toiletries that contain microbeads, unless the toiletries are also natural health products or non-prescription drugs, in which case the prohibition applies on or after July 1, 2018.

  • Marginal note:Sale

    (2) A person must not sell any toiletries that contain microbeads on or after July 1, 2018, unless the toiletries are also natural health products or non-prescription drugs, in which case the prohibition applies on or after July 1, 2019.

Marginal note:Exemption — toiletries in transit

 No person contravenes subsection 3(1) if the toiletries are in transit through Canada, from a place outside Canada to another place outside Canada.

Presence of Microbeads

Marginal note:Accredited laboratory

  •  (1) Any determination of the presence of microbeads performed for the purposes of these Regulations must be performed by a laboratory that is accredited

    • (a) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement; or

    • (b) under the Environment Quality Act, CQLR, c. Q-2.

  • Marginal note:Accreditation

    (2) The accreditation must

    • (a) be valid at the time the determination of the presence of microbeads is performed; and

    • (b) if a method has been recognized by a standards development organization in respect of the determination of the presence of microbeads, include that determination within its scope.

  • Marginal note:Standards of good practice

    (3) If there is no method that has been recognized by a standards development organization in respect of the determination of the presence of microbeads, the determination must be performed in accordance with generally accepted standards of good scientific practice at the time that it is performed.

Consequential Amendment

 [Amendment]

Coming into Force

Marginal note:January 1, 2018

 These Regulations come into force on January 1, 2018, but if they are registered after that day, they come into force on the day on which they are registered.

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