G/TBT/N/CAN/541  
 
16 January 2018  
(18-0435) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English/French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: CANADA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Department of the Environment and Health Canada  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Canada 's Notification Authority and Enquiry Point  
Global Affairs Canada  
111 Sussex Drive  
Ottawa, ON K1A 0G2  
Canada  
Tel: (343)203 -4273  
Fax: 613 -943-0346 
E-mail: enquirypoint@international.gc.ca  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Asbestos 
and products that contain asbestos (ICS: 13.300; 73.020; 91.100)  
5. Title, number of pages and language(s) of the notified document: Proposed 
Prohibition of Asbestos and Asbestos Products Regulations (60 pages, in English and 
French); and Regulations Repealing the Asbestos Products Regulations (2 pages ).  
6. Description o f content: The proposed Regulations would prohibit the import, sale and 
use of asbestos, and the manufacture, import, sale and use of products containing 
asbestos with a limited number of exclusions. In addition, the proposed Regulations would 
not prohibit  the use and sale of asbestos and products containing asbestos that were 
installed prior to the coming into force of the proposed Regulations (such as asbestos and 
products containing asbestos installed in buildings, civil engineering works, vehicles, ship s, 
and airplanes).   
The proposed Regulations would not apply to pest control products (as defined in 
subsection 2(1) of the Pest Control Products Act), or mining residues except for the 
following activities which would be prohibited:  
 the sale and use of as bestos mining residues for construction and landscaping 
activities, unless authorized by the province; and,  
 the use of asbestos mining residues to manufacture a product that contains 
asbestos.   
 The proposed Regulations would also include the following exe mptions:  
 a time -limited exclusion for the import and use of asbestos in the chlor -alkali 
industry, until 31 December 2025;  G/TBT/N/CAN/541  
 
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   an on -going exclusion for the import, sale and use of asbestos and products 
containing asbestos for the purpose of display in a museum; and,  
 an on -going exclusion for the import, sale and use of asbestos and products 
containing asbestos for scientific research, for sample characterization or as an 
analytical standard in a laboratory.  
These activities would be subject to notificatio n, annual reporting and record keeping 
requirements. In addition, the proposed Regulations include labelling requirements for any 
asbestos imported for diaphragms in chlor -alkali facilities during the phase -out period.   
The proposed Regulations would inclu de permit provisions for unforeseen circumstances 
where asbestos or a product containing asbestos is used to protect human health or the 
environment, where there is no technically or economically feasible alternative. The permit 
would be valid for one year  and the permit holder would be subject to reporting 
requirements . 
Furthermore, a  permit holder, museum, laboratory, or chlor -alkali facility benefitting from 
exclusion would need to prepare and implement an asbestos management plan.   
7. Objective and rat ionale, including the nature of urgent problems where 
applicable: Protection of the human health  
8. Relevant documents:  Canada Gazette , Part I, 6 January 2018, Pages 43 -100; 101 -102 
(available in English and French)   
9. Proposed date of adoption:  Fall 2018 
Proposed date of entry into force:  These Regulations come into force 90 days after the 
day on which they are registered  
10. Final date for comments: 22 March 2018  
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
The electronic version of the regulatory text can be downloaded at:  
http://gazette.gc.ca/rp -pr/p1/2018/2018 -01-06/html/reg3 -eng.html  
http://gazette.gc.ca/rp -pr/p1/2018/2018 -01-06/html/reg3 -fra.html