Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment on Convention No. 162

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. Following its previous comments, the Committee notes with satisfaction the indication in the Government’s report regarding the adoption, in 2018, of the Prohibition of Asbestos and Products Containing Asbestos Regulations. The Committee notes that these Regulations prohibit the import, sale and use of asbestos and the manufacture, import, sale and use of products containing asbestos in Canada, subject to certain defined exclusions, such as the transfer of physical possession or control of asbestos or a product containing asbestos to allow its disposal, or the import, sale or use of asbestos and products containing asbestos for display in a museum or for use in a laboratory. The Prohibition of Asbestos and Products Containing Asbestos Regulations also contain permit provisions in certain limited circumstances. The Committee takes note of this information, which addresses its previous request.

Article 15(2). Exposure limits or other exposure criteria updated in the light of technological progress and advances in technological and scientific knowledge. The Committee notes that, according to the Government, the exposure limit values for asbestos in the Yukon are established in Table 10 (“Mineral Dusts”) of the Workplace Health Regulations of 1986. The Committee observes that the values under Table 10 appear to be higher than the value in other provinces and territories (0.1 fibres/cm3 for airborne asbestos, based on threshold limit values established by the American Conference of Governmental Industrial Hygienists). The Committee requests the Government to indicate the measures taken or envisaged to review and update the exposure limits or other exposure criteria in the Yukon,in the light of technological progress and advances in technological and scientific knowledge, in accordance with Article 15(2).

Article 17. Demolition work. Following its previous comments, the Committee notes the information provided by the Government regarding the different legislative provisions in force regarding demolition work in the provinces and territories. The Committee observes, nevertheless, that up-to-date information on measures giving effect to Article 17 of the Convention has not been provided for all provinces and territories. The Committee thus requests the Government to provide up-to-date information on the following points: (i) measures, including relevant legislative provisions, taken to give full effect to Article 17(1) (measures to ensure that demolition work is undertaken by employers or contractors who are recognised by the competent authority as qualified) in Nova Scotia and Saskatchewan; (ii) measures to give full effect to Article 17(2) in Alberta, New Brunswick, Nova Scotia, Ontario and the Yukon (measures taken to ensure that employers or contractors shall be required, before starting demolition work, to draw up a work plan specifying the measures to be taken); and (iii) measures to give full effect to Article 17(3) (measures to ensure that workers or their representatives shall be consulted on the work plan) in Alberta, New Brunswick, Newfoundland and Labrador, Ontario, Prince Edward Island, Quebec and the Yukon.

Article 20. Monitoring of the work environmentand of the exposure of workers to asbestos.In the absence ofup-to-date information on this issue, the Committee requests the Government to indicate the measures taken to give full effect to: (i) Article 20(2) (keeping records of the monitoring for a period prescribed by the competent authority) in New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nunavut, Nova Scotia, Ontario, Saskatchewan and the Yukon; (ii) Article 20(3) (giving workers concerned, their representatives and the inspection services access to these records) in New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nunavut, Nova Scotia, Ontario, Saskatchewan and the Yukon; and (iii) Article 20(4) (the right to request the monitoringof the working environment and to appeal the results of the monitoring) at the federal level, in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nunavut, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and the Yukon.

Article 21. Notification of occupational diseases caused by asbestos and application of the Convention in practice. Following its previous comments, the Committee notes the statistics provided by the Government, indicating that there were 555 fatalities due to mesothelioma, and 233 due to asbestosis, in the period 2018–20. The Government indicates that, for the 2018–20 period, asbestosis and mesothelioma were responsible for 83 per cent of time-lost injuries related to asbestos, and responsible for about 73 per cent of the 1,083 asbestos-related fatalities recorded. According to the Government, not all asbestos-related injuries and fatalities are reported to the Canadian Workers’ Compensation Boards and Commissions, so the real numbers of asbestos-related injuries and fatalities may be higher. The Committee requests the Government to provide up-to-date information on the measures taken to give effect to Article 21(2) in British Columbia, New Brunswick, and Newfoundland and Labrador (measures to ensure that the monitoring of workers’ health is free of charge and, as far as possible, during working hours). The Committee also requests the Government to provide up-to-date information on the measures taken to give effect to Article 21(3) in British Columbia, Manitoba, New Brunswick, Prince Edward Island, Saskatchewan and the Yukon (informing workers in an adequate and appropriate manner of the results of their medical examinations). The Committee further requests the Government to provide up-to-date information on the measures taken to give effect to Article 21(4) in British Columbia, New Brunswick, the Northwest Territories, Nunavut, Prince Edward Island and the Yukon (measures to provide workers concerned with other means of maintaining their income when continued assignment is medically unadvisable). Finally, the Committee requests the Government to provide up-to-date information on measures taken to give effect to Article 21(5) in New Brunswick, Nova Scotia and Ontario (measures to develop a system of notification of occupational diseases caused by asbestos).