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

Marginal note:Servicing military equipment — import

• 18 (1) A permit issued under subsection (3) authorizes its holder, after December 31, 2022, to import and use products containing processed asbestos fibres to service military equipment 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 applicant’s name, civic address in Canada and postal address;

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

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

  • (d) the name and 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) The permit expires on the third anniversary of the day on which it was 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 military equipment — product in Canada

• 19 (1) A permit issued under subsection (3) authorizes its holder to use a product containing processed asbestos fibres that is in Canada to service military equipment 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 applicant’s name, civic address in Canada and postal address;

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

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

  • (d) the name and 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 is 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) The 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: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.