Environment Canada has issued a disclosure obligation mandating reporting for all companies which:

  • manufactured,
  • imported,
  • exported, or
  • otherwise used asbestos or asbestos-containing products.

The minimum reporting quantity is five total kilograms of total asbestos during the period from 2013 to 2015.  This disclosure is a first step towards the intended complete ban on all forms of asbestos planned for 2018, which is anticipated to contain certain grandfathering provisions for certain sectors’ past use of asbestos.  Currently,  the manufacturing and use of asbestos-containing products are restricted in Canada.  Imports of asbestos-containing products continue to be permissible in Canada.


Asbestos-containing Products Caught by Disclosure Obligation

Asbestos continues to be used in Canada in products such as:

  • cement and plaster,
  • industrial furnaces and heating systems,
  • building insulation,
  • floor and ceiling tiles,
  • house siding,
  • car and truck brake pads, and
  • vehicle transmission components such as clutches.

These products containing asbestos are caught by mandatory disclosure and all of the following types of asbestos apply, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite.


Disclosures Due by 3 pm on January 18

In addition to the asbestos volumes, the disclosures include:

  • Chemical Abstracts Service Registry Numbers of the substance manufactured, imported, exported, or used;
  • applicable consumer and commercial codes, including, as applicable to known or anticipated final goods containing asbestos; and
  • asbestos supplier information.

Confidentiality claims over the disclosures are available from Environment Canada upon request.


Jonathan D. Cocker heads Baker McKenzie’s Environmental Practice Group in Canada and is an active member of the firm's Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environmental and product compliance matters, including extended producer responsibilities, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, and contaminated lands matters. He assisted in the founding of one of North America’s first Circular Economy Producer Responsibility Organizations and provides advice and representation to a number of domestic and international industry groups in respect of resource recovery obligations. Mr. Cocker was recently appointed the first Sustainability Officer of the International Bar Association Mr. Cocker is a frequent speaker and writer on environmental issues and has authored numerous publications including recent publications in the Environment and Climate Change Law Review, Detritus – the Official Journal of the International Waste Working Group, Chemical Watch, Circular Economy: Global Perspectives published by Springer, and in the upcoming Yale University Journal of Industrial Ecology’s special issue on Material Efficiency for Climate Change Mitigation. Mr. Cocker maintains a blog focused upon international resource recovery issues at environmentlawinsights.com.