Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Asbestos Convention, 1986 (No. 162) - Canada (Ratification: 1988)

I. The Committee notes with interest the detailed information provided by the Government in its first and second reports. It notes the indication in the Government's second report that the province of Newfoundland adopted the Asbestos Abatement Code of Practice, Regulation 194/91 on 4 October 1991 and that the Northwest Territories have adopted the Asbestos Safety Regulations on 27 March 1992. The Government is invited to furnish copies of these texts with its next report.

II. Article 2 of the Convention. The Committee notes the Government's indication that, at the federal level, the definitions set forth in this provision are not specifically laid down in the legislation but that the existing legislation is in conformity with the intentions of these definitions. It notes, furthermore, that Saskatchewan legislation has only defined "airborne asbestos dust", "respirable asbestos fibres", "exposure to asbestos", and "workers' representatives", and Ontario has specific definitions in its legislation only for the terms "asbestos" and "asbestos fibres". Newfoundland and Yukon do not appear to have any specific definitions in their legislation for the terms set forth in this Article of the Convention. The Government is requested to keep the Office informed of any steps taken or envisaged to harmonize the legislation in order to ensure uniform interpretation of these terms in accordance with the definitions set forth in this Article.

Article 11. The Committee notes that Annexes I and II of the Hazardous Products Act prohibit the sale or importation of crocidolite (a substance not produced in Canada). Section 5 of the Hazardous Products Act, however, permits the Governor in Council to make regulations authorizing the advertising, sale or importation of any restricted product and prescribing the circumstances and conditions under which and the persons by whom the restricted product may be advertised, sold or imported. The Government is requested to indicate the manner in which the most representative organizations of employers and workers concerned are consulted with respect to any derogation made by virtue of section 5 and to keep the Office informed of any exceptions made concerning the use of crocidolite either at the federal or the provincial level.

Article 12. The Government has indicated that section 40 of Part I of Schedule I of the Hazardous Products Act prohibits the spraying of all forms of asbestos except in the case of "a mixture of asbestos fibres and bituminous or resinous-based binding materials where the fibres are encapsulated with the binder during spraying and the resulting materials are not friable after drying". The Government is requested to indicate the manner in which the most representative organizations of employers and workers concerned were consulted concerning this exception and to keep the Office informed of any other derogations made with respect to the spraying of asbestos either at the federal level or in the provinces.

III. Point III of the report form. The Committee notes with interest the judgement of the Quebec Superior Court concerning the prohibition of the use of crocidolite annexed to the Government's second report. The Government is requested to continue to provide the Office with any other court or tribunal judgements rendered involving questions of principle relating to the application of the Convention.