Chemical name:

Final regulatory action has been taken for the category: Industrial

Final regulatory action: The chemical is Severely Restricted

Use or uses prohibited by the final regulatory action:

N/A

The Prohibition of Asbestos and Products Containing Asbestos Regulations (the Regulations) prohibit the import, sale, and use of processed asbestos fibres. The Regulations also prohibit the manufacture, import, sale, and use of products containing processed asbestos fibres and of consumer products containing naturally occurring asbestos in greater than trace amounts, with a limited number of exclusions listed below.

The related amendments to the Export of Substances on the Export Control List Regulations prohibit exports of all forms of asbestos, whether or not it is contained in a product, with the exceptions listed below.

Use or uses that remain allowed:

The Prohibition of Asbestos and Products Containing Asbestos Regulations (the Regulations) do not apply to:

·Asbestos or a product containing asbestos that is in transit through Canada, from a place outside Canada to another place outside Canada.

·Asbestos that is integrated into a structure or infrastructure if the integration occurred before the day on which these Regulations came into force (December 30, 2018).

·A product containing asbestos used before the day on which these Regulations came into force (December 30, 2018).

·Pest control products (as defined in subsection 2(1) of the Pest Control Products Act), as pest control products are regulated under this Act.

The Regulations do not apply to mining residues except for the following activities, which are prohibited:

·The sale of asbestos mining residues for use in construction and landscaping, unless the use is authorized by the province in which the construction or landscaping occurs; and

·The use of asbestos mining residues to manufacture a product that contains asbestos.

The Regulations include the following exclusions:

·An exclusion until December 31, 2029, for the import and use of asbestos in the chlor-alkali industry;

·An exclusion until December 31, 2022, for the import, sale and use of products containing asbestos to service equipment in nuclear facilities if no technically or economically feasible asbestos-free alternative is available;

·An exclusion until December 31, 2022, for the import, sale and use of products containing asbestos to service military equipment if no technically or economically feasible asbestos-free alternative is available;

·An ongoing exclusion for the import, sale and use of military equipment serviced with a product containing asbestos while it was outside of Canada for the purpose of a military operation if no technically or economically feasible asbestos-free alternative is available;

·An ongoing exclusion for the re-use of asbestos in existing road infrastructure into new road infrastructure or in asbestos mining site restoration;

·An ongoing exclusion for the import, sale and use of asbestos and products containing asbestos for the purpose of display in a museum;

·An ongoing 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; and

·An ongoing exclusion for the transfer of physical possession or control of asbestos or a product containing asbestos to allow its disposal.

The amendments to the Export of Substances on the Export Control List Regulations prohibit exports of all forms of asbestos, whether or not it is contained in a product, with the following exceptions:

·Asbestos that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

·Asbestos contained in a product that is a personal or household effect intended for personal use;

·Asbestos contained in military equipment;

·Asbestos, whether or not it is contained in a product, exported for the purpose of disposal;

·Asbestos contained in a product that was used prior to the coming into force of the amendments;

·Asbestos contained in a product exported to service military equipment during a foreign military operation, when no technically or economically feasible asbestos-free alternative is available;

·Asbestos contained in a product in amounts that are not greater than trace amounts;

·Asbestos contained in a raw material extracted from the ground and exported to manufacture a consumer product that contains asbestos in amounts that are not greater than trace amounts;

·Asbestos contained in a raw material extracted from the ground and exported to manufacture a product that is not a consumer product;

·Asbestos contained in a raw material extracted from the ground and exported for a purpose other than manufacturing a product, if the raw material will not be sold as a consumer product;

·Asbestos, whether or not it is contained in a product, for use in a laboratory (for analysis, scientific research or as a laboratory analytical standard); and

·Asbestos, whether or not it is contained in a product, for display in a museum.

Pesticide use or uses that remain allowed:

N/A

The final regulatory action was based on a risk or hazard evaluation: Yes

Summary of the final regulatory action:

Asbestos and products containing it are subject to Prohibition of Asbestos and Products Containing Asbestos Regulations (the Regulations) and the related amendments to the Export of Substances on the Export Control List Regulations (ESECLR) made under the Canadian Environmental Protection Act, 1999 (CEPA).

The Regulations prohibit the import, sale and use of asbestos, as well as the manufacture, import, sale and use of products containing asbestos, with a limited number of exclusions. The Regulations also contain permit provisions for specific applications. In most cases, people performing an excluded activity, and permit holders, are subject to reporting and record-keeping requirements, and must implement an asbestos management plan.

The ESECLR Amendments prohibit the export of all forms of asbestos with a limited number of exceptions.

The reasons for the final regulatory action were relevant to: Human health

Summary of known hazards and risks to human health:

The International Agency for Research on Cancer (IARC) of the World Health Organization has declared asbestos a human carcinogen (for all forms). The health risks of asbestos are well established. Breathing in asbestos fibres can cause life-threatening diseases such as asbestosis, mesothelioma and lung cancer.

According to the IARC Monographs 2012, volume 100C: "There is sufficient evidence in humans for the carcinogenicity of all forms of asbestos (chrysotile, crocidolite, amosite, tremolite, actinolite, and anthophyllite). Asbestos causes mesothelioma and cancer of the lung, larynx, and ovary. Also positive associations have been observed between exposure to all forms of asbestos and cancer of the pharynx, stomach, and colorectum. For cancer of the colorectum, the Working Group was evenly divided as to whether the evidence was strong enough to warrant classification as sufficient. There is sufficient evidence in experimental animals for the carcinogenicity of all forms of asbestos (chrysotile, crocidolite, amosite, tremolite, actinolite and anthophyllite). All forms of asbestos (chrysotile, crocidolite, amosite, tremolite, actinolite and anthophyllite) are carcinogenic to humans (Group 1)."

https://monographs.iarc.fr/wp-content/uploads/2018/06/mono100C-11.pdf

The following tables summarize studies of asbestos exposure and diseases discussed in the IARC monograph. References, description of the experiment and conclusions are presented. The conclusions are presented in the form of relative risk with 95% confidence interval. If the results are higher than 1 the group is more at risk, equal to 1 there is no statistical difference and lower than 1 the group is less at risk of developing the diseases. All of these predictions are calculated with 5% or less errors.

·Table summary for lung cancer:

https://monographs.iarc.fr/wp-content/uploads/2018/06/100C-06-Table2.1.pdf

·Table summary for lung cancer and mesothelioma:

https://monographs.iarc.fr/wp-content/uploads/2018/06/100C-06-Table2.2.pdf

·Table summary for mesothelioma:

https://monographs.iarc.fr/wp-content/uploads/2018/06/100C-06-Table2.4.pdf

The following studies are highlighted from the others in the IARC monograph as they present hazard and risk information related to asbestos exposure in Canadians.

Mortality was studied among a group of 328 employees of an Ontario asbestos-cement factory who had been hired before 1960 and who had been employed for a minimum of nine years. The study revealed that their exposure to asbestos double their all-causes mortality rate compared to the general Ontario population. Furthermore, deaths due to malignancies were five time higher than expected and deaths due to lung cancer were eight time higher.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1009162/pdf/brjindmed00054-0018.pdf

A study on mortality rates of 1657 employees at two different Ontario chrysotile-containing automotive parts factories showed that male workers had 10% higher risk of dying from lung cancer and 28% higher risk of dying from laryngeal cancer than the provincial rates. The female workers had 16% higher risk of dying from lung cancer than the provincial rate.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1269336/

A study on the status of malignant pleural mesotheliomas in Québec was realized by reviewing 120 confirmed cases accepted by the Québec Workman's Compensation Board (CSST). The study highlights an increasing number of work-related mesothelioma in the 1967-1990 period in Québec. Furthermore, the incidence of mesothelioma case for chrysotile miners and millers was 62.5 cases per million per year for the 1980-1990 period compared to the estimated 2.5 to 15 case per million per year rate for the North American population.

https://www.ncbi.nlm.nih.gov/pubmed/1332466

Using an approach that considered historical uses of exposure in Canada to guide exposure assessments for the present day, results from CAREX Canada indicate that approximately 152,000 Canadians are currently exposed to asbestos in their workplaces, and are primarily male. This estimate includes people with the potential for exposure at work to any form of asbestos likely to exceed the non-occupational background level in dwellings or urban air (usually below 0.001 f/cm³). The largest industrial groups exposed are construction-related (specialty trades and building construction contribute about 88% of all exposed workers). Other important industries are automotive repair and maintenance, ship and boat building, and remediation work.

When examining exposure to asbestos by occupation, the largest exposed groups are carpenters and cabinetmakers (exposed during renovations; 34,000 workers exposed). Construction trades helpers and labourers are the second largest group (29,000 workers). Other important job groups which may be exposed are electricians, plumbers, plaster and drywall installers, and auto mechanics.

https://www.carexcanada.ca/en/asbestos/occupational_estimate/

It has been estimated that asbestos was responsible for approximately 1 900 lung cancer cases and 430 mesothelioma cases in Canada in 2011. These cases are heavily influenced by historical exposure from the 1970s to the 1990s. The use of asbestos has been steadily declining over the last 30 years, which has already led and will continue to lead to a reduction in the number of asbestos-related illnesses in Canada.

Although there are measures in place to limit Canadian exposure to asbestos in the workplace, this occupational risk can only be fully eliminated by ensuring that asbestos is replaced by alternatives. To do so, Canada prohibited the import and domestic use of asbestos.

http://gazette.gc.ca/rp-pr/p2/2018/2018-10-17/pdf/g2-15221.pdf#page=64

Expected effect of the final regulatory action in relation to human health:

The Prohibition of Asbestos and Products Containing Asbestos Regulations (the Regulations) are expected to reduce the amount of future asbestos and products containing asbestos being imported and used in Canada. It is estimated that about 4 700 tonnes of asbestos use would be reduced between 2019 and 2035. As a result, exposure to asbestos would decline over time and health benefits would be generated from avoided adverse health outcomes.

Approximately 99% of the workers who would potentially benefit from the Regulations are currently employed in the construction and automotive industries.

Overall, the Regulations are expected to result in incremental reductions in risk of asbestos exposure. Due to latency effects, the health benefits from reductions in risk of exposure are expected to be generated at least 10 to 40 years after the implementation of the Regulations.

The amendments to the Export of Substances on the Export Control List Regulations are not expected to result in direct health benefits to Canadians. Though it is possible that benefits could occur outside Canada to countries where products containing asbestos are exported.

Summary of known hazards and risks to the environment:

N/A

Expected effect of the final regulatory action in relation to the environment:

N/A

Date of entry into force of the final regulatory action: 30/12/2018