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Version of document from 2006-03-22 to 2007-11-14:

Hazardous Products (Crocidolite Asbestos) Regulations

SOR/89-440

HAZARDOUS PRODUCTS ACT

Registration 1989-08-24

Regulations Respecting the Advertising, Sale and Importation of Products that are Composed of or Contain Crocidolite Asbestos Fibres

P.C. 1989-1709  1989-08-24

His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to section 5 of the Hazardous Products Act, as enacted by S.C. 1987, c. 30, s. 1, and item 44Footnote * of Part II of Schedule I to the said Act is pleased hereby to make the annexed Regulations Respecting the Advertising, Sale and Importation of Products that are Composed of or Contain Crocidolite Asbestos Fibres.

Short Title

 These Regulations may be cited as the Hazardous Products (Crocidolite Asbestos) Regulations.

Interpretation

 In these Regulations,

area of display panel

area of display panel means

  • (a) in the case of a rectangular-shaped container or product, the total area of the side of the container or product that includes the display panel,

  • (b) in the case of a cylindrical-shaped container or product, 40 per cent of the area obtained by multiplying the circumference of the container or product by the height of the container or product,

  • (c) in the case of a bag, the area of the largest side of the unfolded bag, and

  • (d) in the case of a container other than a container referred to in any of paragraphs (a) to (c), 40 per cent of the total area of the container,

but does not include the top, the bottom, the sides, other than the sides referred to in paragraphs (a) and (c), the flanges at the top and bottom or the shoulders or neck of the container; (surface de l’aire d’affichage)

display panel

display panel means in respect of a product or the container of a product, that part of the product or container displayed or visible under normal conditions of display or use; (aire d’affichage)

product

product means a product described in item 44 of Part II of Schedule I to the Hazardous Products Act. (produit)

Authorization for Importation Only

[SOR/92-586, s. 2]

 A person may import a product that is composed of crocidolite asbestos fibres if the conditions set out in sections 5 and 7 are met.

Authorization

[SOR/92-586, s. 2]

 A person may advertise, sell or import into Canada the following products containing crocidolite asbestos fibres if the conditions set out in sections 6 and 7 are met:

  • (a) asbestos cement pipes;

  • (b) torque converters;

  • (c) diaphragms for chloralkali production;

  • (d) acid and temperature resistant

    • (i) seals,

    • (ii) gaskets,

    • (iii) gland packings, or

    • (iv) flexible couplings; or

  • (e) any product composed of or containing one or more of the products referred to in paragraphs (a) to (d).

Conditions

 A person may import a product that is composed of crocidolite asbestos fibres if

  • (a) the product is imported for the purposes of the manufacture of a product referred to in paragraph 4(c) or (d);

  • (b) on or before the date of importation of the product, a written notice is given by the person to the inspector located at the port of entry of the product or, where no inspector is located at that port, the inspector who is located nearest to that port, containing the following information, namely,

    • (i) a declaration stating that the person has imported or intends to import the product,

    • (ii) the date of importation or the proposed date of importation and the port of entry or the proposed port of entry of the product,

    • (iii) the quantity of the product imported or to be imported, and

    • (iv) the address of the premises where the product is to be used for the manufacture of a product referred to in paragraph (a); and

  • (c) the following statement is legibly printed, in bold-face letters of a height that conforms to the requirements of section 7, and prominently displayed on the container of the product or on a label affixed to the container in such a way that it remains legible and prominently displayed until the product is used in the manufacturing process, namely, “CONTAINS CROCIDOLITE ASBESTOS FIBRES — CONTIENT DES FIBRES D’AMIANTE CROCIDOLITE”.

  • (d) [Revoked, SOR/92-586, s. 2]

  • SOR/92-586, s. 2

 A person may advertise, sell or import into Canada the products referred to in paragraphs 4(a) to (e) containing crocidolite asbestos fibres if

  • (a) the product is constructed in such a way that, upon reasonably foreseeable use, the crocidolite asbestos fibres will not be released into the ambient air; and

  • (b) in the case of products referred to in paragraphs 4(a) to (d), the following statement is legibly printed, in bold-face letters of a height that conforms to the requirements of section 7, and prominently displayed on the container of the product or, in the absence of a container, on the product or on a label affixed to the product, namely, “CONTAINS CROCIDOLITE ASBESTOS FIBRES — CONTIENT DES FIBRES D’AMIANTE CROCIDOLITE”.

  • SOR/92-586, s. 2

 The height of the letters of the statements referred to in paragraphs 5(c) and 6(b) shall be

  • (a) where the product is packaged in a container, or where the product is not packaged in a container and is a rectangular or cylindrical shape

    • (i) not less than 2 mm where the area of display panel is not more than 250 cm2,

    • (ii) not less than 6 mm where the area of display panel is more than 250 cm2 but not more than 1,000 cm2,

    • (iii) not less than 12 mm where the area of display panel is more than 1,000 cm2 but not more than 3,500 cm2, and

    • (iv) not less than 24 mm where the area of display panel is more than 3,500 cm2; and

  • (b) where the product is not packaged in a container and the product is not a rectangular or cylindrical shape, not less than 12 mm.

  • SOR/92-586, s. 2

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