Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations by the Confederation of National Trade Unions (CSN) and the Canadian Labour Congress (CLC) received in 2015.

Articles 3, 4, 10 and 11 of the Convention. Measures to be taken for the prevention and control of health hazards due to occupational exposure to asbestos. Periodic review in the light of technical progress and scientific knowledge. Consultation with the most representative organizations of employers and workers. Replacement of asbestos and the total or partial prohibition of the use of asbestos. The Committee previously noted that Canada was one of the main producers of asbestos and along with the Conference Committee on the Application of Standards in 2011, requested the Government to ensure the adoption of the strictest standards limits for the protection of workers’ health as regards exposure to asbestos. It also noted that since 2011 there had been no asbestos production in the country.

The Committee notes the statement by CLC calling for the ban of asbestos, citing scientific and technical information that points to the need for a total ban of the product. It also notes that the CSN considers that compliance with the Convention requires the prohibition of all types of asbestos and that it calls on the Government to undertake a revision of the national legislation regarding exposure to asbestos in this respect, along with a programme to assist workers in this industry with such a transition, including retraining.

In this respect, the Committee notes with interest that in December 2016, the Government published a Notice of intent to develop regulations respecting asbestos that would prohibit all future activities respecting asbestos and products containing asbestos. The Notice of intent received comments from three industry associations, eight labour organizations and non-governmental organizations, and six regional stakeholders. It notes that, subsequently, a consultation document describing the proposed regulatory approach was published in April 2017, and that the responses received to the document will be considered in the development of the proposed regulations. The consultation document indicates that the Government is proposing to develop regulations under the Canadian Environmental Protection Act to prohibit the import, use, sale and offer for sale of asbestos, as well as the manufacture, use, sale, offer for sale and import of products containing asbestos. The consultation document indicates that following public consultations, it is hoped that regulations will be published in the autumn of 2018. The Committee welcomes the Government’s initiative and requests it to pursue its efforts for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. It requests the Government to provide a copy of the regulations developed in this respect under the Canadian Environmental Protection Act, once adopted.

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