Prohibition of Asbestos and Products Containing Asbestos Regulations (SOR/2018-196)

Marginal note:Nuclear facilities — import

• 20 (1) A permit issued under subsection (3) authorizes its holder, after December 31, 2022, to import and use a product containing processed asbestos fibres to service equipment of a nuclear facility, if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application.

• Marginal note:Contents of permit application

  (2) The application must include

  • (a) the nuclear facility’s name, civic address in Canada and postal address;

  • (b) the name of the individual who is authorized to act for the nuclear facility and their title, civic address in Canada, postal address, telephone number and email address;

  • (c) the name and a description of the equipment of the nuclear facility that will be serviced with each product referred to in the application;

  • (d) the name and a description of each type of product referred to in the application;

  • (e) the estimated concentration and mass of the asbestos in each product referred to in the application and the unit of measurement used to describe that concentration or mass;

  • (f) the estimated number of products to be imported during the term of the permit, by type of product;

  • (g) evidence, with respect to each type of product, demonstrating that there is no technically or economically feasible asbestos-free alternative available at the time of the permit application; and

  • (h) a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit if

  • (a) the elements set out in subsection (2) were submitted; and

  • (b) the information provided demonstrates that, at the time of the permit application, there was no technically or economically feasible asbestos-free alternative available .

• Marginal note:Refusal

  (4) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

  • (b) the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

• Marginal note:Term of permit

  (5) A permit expires on the third anniversary of the day on which it is issued.

• Marginal note:Report

  (6) The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

Marginal note:Servicing nuclear facilities — product in Canada

• 21 (1) A permit issued under subsection (3) authorizes its holder to use a product containing processed asbestos fibres and that is in Canada to service equipment of a nuclear facility after December 31, 2022, if there was no technically or economically feasible asbestos-free alternative available at the time of the permit application.

• Marginal note:Contents of permit application

  (2) The application must include

  • (a) the nuclear facility’s name, civic address in Canada and postal address;

  • (b) the name of the individual who is authorized to act for the nuclear facility and their title, civic address in Canada, postal address, telephone number and email address;

  • (c) the name and a description of the equipment of the nuclear facility that will be serviced with each product referred to in the application;

  • (d) the name and a description of each type of product referred to in the application;

  • (e) the estimated concentration and mass of the asbestos in each product referred to in the application and the unit of measurement used to describe that concentration or mass;

  • (f) the estimated number of products to be used during the term of the permit, by type of product;

  • (g) evidence, with respect to each type of product, demonstrating that there is no technically or economically feasible asbestos-free alternative available at the time of the permit application; and

  • (h) a statement that an asbestos management plan that meets the requirements set out in Schedule 1 has been prepared.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit if

  • (a) the elements set out in subsection (2) were submitted; and

  • (b) the information provided demonstrates that, at the time of the permit application, there was no technically or economically feasible asbestos-free alternative available .

• Marginal note:Refusal

  (4) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application; or

  • (b) the elements set out in subsection (2) have not been submitted or are insufficient to enable the Minister to process the application.

• Marginal note:Term of permit

  (5) A permit expires on the third anniversary of the day on which it is issued.

• Marginal note:Report

  (6) The holder of the permit must submit a report to the Minister within 90 days after the day on which their permit expires.

Marginal note:Contents of report

22 A report submitted under subsection 16(6), 17(6), 18(6), 19(6), 20(6) or 21(6) must include

• (a) the permit holder’s name, civic address in Canada and postal address;

• (b) the name of the individual who is authorized to act for the permit holder and their title or rank, civic address in Canada, postal address, telephone number and email address;

• (c) in the case of a permit issued under subsection 16(3) or 17(3),

  • (i) if the permit is in respect of processed asbestos fibres, the forms and quantities of those fibres that were imported or used, as the case may be, under the authority of the permit and the unit of measurement used to describe those quantities, and

  • (ii) if the permit is in respect of products referred to in paragraph 16(1)(b) or (c) or paragraph 17(1)(b) or (c), the names and descriptions of those products and the number of products that were imported or used, as the case may be, under the authority of the permit, by type of product;

• (d) in the case of a permit issued under subsection 18(3), 19(3), 20(3) or 21(3),

  • (i) the names and descriptions of each product containing processed asbestos fibres that was imported or used, as the case may be, under the authority of the permit, and

  • (ii) the number of products containing processed asbestos fibres that were imported or used, as the case may be, under the authority of the permit, by type of product; and

• (e) a statement that an asbestos management plan that meets the requirements set out in Schedule 1 was implemented.

Marginal note:Revocation of permit

• 23 (1) The Minister must revoke a permit issued under subsection 16(3), 17(3), 18(3), 19(3), 20(3) or 21(3) if the Minister has reasonable grounds to believe that the permit holder has submitted false or misleading information to the Minister.

• Marginal note:Conditions

  (2) The Minister must not revoke a permit unless the Minister has provided the permit holder with

  • (a) written reasons for the revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the revocation.

Presentation of Documents

Marginal note:Certification

• 24 (1) Every report and application for a permit that is submitted to the Minister under these Regulations must bear the signature of the interested person or of the individual who is authorized to act for them and be accompanied by a certification dated and signed by that person or individual stating that the information is accurate and complete.

• Marginal note:Writing or electronic format

  (2) Any information or document submitted to the Minister under these Regulations may be submitted either in writing or in an electronic format that is compatible with the electronic systems that are used by the Minister.

Record Keeping

Marginal note:Records — reports

• 25 (1) Any person that is required to submit a report to the Minister under these Regulations must keep a record containing a copy of the information submitted, of any asbestos management plan, if applicable, and of any supporting documents for a period of at least five years beginning on the day on which the report is submitted.

• Marginal note:Records — permits

  (2) A person that has been issued a permit under subsection 16(3), 17(3), 18(3), 19(3), 20(3) or 21(3) must keep a record containing a copy of the permit and permit application, of the asbestos management plan and of any supporting documents for a period of at least five years beginning on the day on which the permit is issued.

• Marginal note:Location

  (3) The records must be kept at the civic address of the person’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where the records can be inspected.

• Marginal note:Records moved

  (4) If the records are moved, the person must notify the Minister in writing of the civic address in Canada of the new location within 30 days after the day of the move.

Consequential Amendments to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

26 [Amendment]

27 [Amendment]

Related Amendments to the Export of Substances on the Export Control List Regulations

28 [Amendment]

29 [Amendment]

30 [Amendment]

31 [Amendment]

32 [Amendment]

33 [Amendment]

34 [Amendments]

35 [Amendment]

Coming into Force

Marginal note:90th day after registration

Footnote ^*36 These Regulations come into force on the 90th day after the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force December 30, 2018.]