Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the information that the Canada Consumer Product Safety Act (CCPSA) entered into force on 20 June 2011, but that, substantively, there has been no change in how the Convention is applied in legislation as the workplace hazardous materials information system (Part II of the Hazardous Products Act), the Asbestos Products Regulations (APR) as well as previous prohibitions made thereunder remain in force, with minor amendments made to the APR in order to make them consistent with the new CCPSA regime. The Committee welcomes the information provided by the Government that in the province of Newfoundland and Labrador, the Workplace Health, Safety and Compensation Commission and the Occupational Health and Safety Branch of Service Newfoundland and Labrador released the 2011–13 Strategy for prevention for Known Occupational Diseases, developed in consultation with the social partners, which provides a framework for educating and raising awareness about all known occupational diseases in Newfoundland and Labrador. It is a broad-based strategy aimed at reducing the burden and incidence of occupational disease in the province including asbestosis and mesothelioma. The Nova Scotia Department of Labour and Advanced Education has established an employer/employee advisory committee that provides advice to the Minister on occupational health and safety matters including matters related to asbestos in workplaces.

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference 100th Session, June 2011)

Article 3(1) and (2) of the Convention. Measures to be taken for the prevention and control of health hazards due to occupational exposure to asbestos and periodical review in the light of technical progress and scientific knowledge. Article 4. Consultations with the most representative organizations of employers and workers. Article 10. Replacement of asbestos and total or partial prohibition of the use of asbestos. The Committee notes the information provided by the Government and received on 30 August 2012 that, since November 2011, there has been no asbestos production in Canada. Against the background of the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011) after the discussion of this case, the Committee welcomes this information which it deems to be of great significance. It notes, however, that the report contains no further information in these respects. The Committee further notes the information that consultations regarding the current federal review of Part X of the Canada Occupational Health and Safety Regulations on Hazardous Substances, referenced in Canada’s previous report, continues to be conducted by a tripartite working group, including representatives of the Canadian Labour Congress. With reference to the foregoing, its previous comments, and the provisions in Article 3(2) and 10, the Committee requests the Government to provide further information on asbestos production in Canada, including on whether the currently halted asbestos production is a temporary or permanent measure and whether it is a result of a formal decision to halt production. It also requests the Government to provide further information on the outcome of any relevant legislative reviews, including on the review of Part X of the Canada Occupational Health and Safety Regulations on Hazardous Substances.

The Committee is raising other points in a request addressed directly to the Government.