Substance-Specific Issues

Asbestos, crocidolite; restriction of advertisement, sale, importation

Substance:

Crocidolite asbestos; CAS No. 12001-28-4

Restriction:

By virtue of inclusion as Item 44 in Part II of Schedule I to the Hazardous Products Act (HPA), no person shall advertise, sell or import

products, other than products included in items 16, 28, 37 and 40 of Part I that are composed of or contain crocidolite asbestos fibres

except as authorized by the Hazardous Products (Crocidolite Asbestos) Regulations.

• Registration: SOR/89-440, P.C. 1989-1709; August 24, 1989
  
  
• Amended: SOR/92-586, P.C. 1902-2188; October 5, 1992

Background:

In 1986, the International Labour Organization (ILO) developed Convention No. 162 - Safety in the Use of Asbestos. This Convention provides strict guidelines to protect workers against exposure to asbestos in the workplace. Canada played an important role and made formal representations to over 100 ILO member countries leading to unanimous approval of the Convention.

Enactment of restrictions on asbestos products intended for application by spraying (Item 40, Part I, Schedule I to the HPA) and on crocidolite asbestos (Item 44, Part II, Schedule I) were necessary for Canada to meet its obligations in ratification of the ILO Convention and is consistent with Canada's "controlled-use"approach to asbestos. ILO Conventions only come into force internationally after two countries have registered their formal ratification. Since Canada was the second country to ratify the Convention after Sweden, the Convention came into force as part of the International Labour Code by Canada's action.

Excessive exposure to crocidolite ("blue") asbestos can lead to health problems normally associated with asbestos as well as to mesothelioma, an otherwise rare type of cancer of the abdominal cavity. The Crocidolite Asbestos Regulations prescribe the labelling requirements and greatly restrict the conditions under which crocidolite asbestos and products containing crocidolite asbestos may be advertised, sold or imported into Canada.

Considerations:

The exemption for a "product, material or substance included in Part II of Schedule I"set out in paragraph 12(f) of the HPA is on the condition that the product be "packaged as a consumer product".

Conclusion:

Subject to the specified conditions, the Crocidolite Asbestos Regulations permit the sale of certain industrial products which should not be sold to consumers. Therefore, the products encompassed by Item 44 of Part II of Schedule I to the HPA would not fall within the scope of the exemption in 12(f); i.e., these products would be subject to the "WHMIS" requirements set out in Part II of the HPA (if not otherwise exempt, for example, as manufactured articles).

References:

Hazardous Products Act;

Hazardous Products (Crocidolite Asbestos) Regulations