Asbestos in Canada

Asbestos is a fibrous mineral that occurs naturally in rocks and soil. The strength of its fibers and their heat-resistant properties led to its widespread use in products to make them stronger, longer-lasting and fire-retardant. Asbestos was commonly used in Canada in building materials and automotive parts, including:

• Building insulation
• Car and truck brake pads
• Cement and plaster
• Home siding
• Industrial furnaces and heating systems
• Vehicle transmission components

Asbestos and Canada have a long history. The first asbestos mine opened in the country in 1878, and for over a century, asbestos mining in Canada was a significant industry. From 1990 to 2011, Canada exported over $4 billion in raw asbestos annually, primarily from the Thetford Mines and Asbestos, Quebec, recently renamed Val-des-Sources, Quebec.

Canadian miners began seeking compensation for asbestos-related diseases as early as the 1980s. The Canadian Environmental Protection Act (CEPA) List of Toxic Substances included all forms of asbestos in 1999. Despite health concerns and a decrease in domestic use, Canada did not stop mining or exporting asbestos until 2011. That year, the government estimated that asbestos was responsible for 1,900 lung cancer cases and 430 mesothelioma cases.

Asbestos use in Canada has declined since the 1970s. The country began placing partial bans on some asbestos products in the early 1980s. However, it was not until 2016 that the Canadian government announced it would implement a full ban on asbestos and asbestos products. Asbestos regulations in Canada officially went into effect on December 30, 2018. Asbestos is no longer legal in Canada for most uses.

What is the scope of the ban?

The ban prohibits the “manufacture, use, sale, offer for sale, import and export” of asbestos and asbestos products. Canada’s asbestos law has some narrowly defined exceptions. These include its use in certain military and industrial operations. The ban also does not apply to the use of asbestos already integrated into structures, infrastructure and products before 2018.

Asbestos has been classified as a known human carcinogen by several health and environmental organizations, including the International Agency for Research on Cancer (IARC). Long-term health risks of asbestos exposure include the following asbestos-related diseases:

• Asbestosis: Asbestosis is a chronic lung condition that causes scar-like tissue to form in the lungs. This condition is called pulmonary fibrosis. The most common symptom of asbestosis is shortness of breath. The condition usually develops after several years of exposure to asbestos fibers.
• Lung cancer: Studies find that workers with one to 12 months of exposure to asbestos have an increased risk for lung cancer. However, it may not develop for 20 to 30 years after the initial contact with the substance. Early-stage lung cancer usually has no symptoms (asymptomatic). By the time symptoms occur, the cancer is often advanced. Symptoms include shortness of breath, chronic cough, chest pain, weight loss and fever.
• Mesothelioma: Studies have found strong associations between occupational asbestos exposure and mesothelioma. Malignant mesothelioma is an aggressive, usually fatal cancer. It causes tumor growth in the lining of the pleural (lung), peritoneal (abdominal) and pericardial (heart) cavities. The condition occurs in asbestos workers more often than in the general population. It is also more common among family members of workers who may carry fibers home on their clothing, leading to household exposure. Symptoms of mesothelioma may not develop for 30 to 40 years after exposure.

Workers in the following asbestos occupations and trades have a high risk of exposure:

• Asbestos disposal workers
• Asbestos miners
• Asbestos processors (millers)
• Cement workers
• Construction workers
• Custodial workers who may come into contact with asbestos-containing building materials
• Heating trades workers
• Insulation workers
• Manufacturers of asbestos-containing products
• Marina and shipyard workers
• Plumbers and pipefitters
• Sheet metal workers
• Vehicle mechanics

Workers in these industries may also bring asbestos home, risking secondary asbestos exposure for their families.

Motley Rice attorneys have served as U.S. legal counsel for several workers’ compensation boards in Canada since 1987 regarding asbestos recovery efforts in the U.S.

In addition to our efforts with Canadian workers’ compensation boards, Motley Rice also files U.S. bankruptcy trust claims for Canadian citizens suffering from asbestos-related diseases who do not have workers’ compensation claims, including family members sickened by inhaling asbestos dust brought home by loved ones on their work clothes.

Historically, Motley Rice attorneys were involved in early litigation cases in Canada - Hunt v. T&N plc, [1993] 4 S.C.R. 289 and Amchem Products Incorporated v. British Columbia (Workers' Compensation Board), which helped to pave the way for Canadian cases to be litigated in the U.S. in the 1990s.

• U.S. asbestos bankruptcy trusts: Canadians exposed to asbestos through U.S. products may qualify for compensation through a U.S. bankruptcy trust fund. Canadian citizens are treated the same as U.S. citizens under the U.S. bankruptcy trusts. Motley Rice can determine if you are eligible and manage the complex filing process.

Motley Rice attorneys have decades of experience with asbestos litigation involving exposures that occurred in the U.S. and Canada. We provide education, support and legal advocacy to individuals and families harmed by asbestos exposure. If you or someone you love suffers from an asbestos-related illness, we can help you seek justice.

Our lawyers have been involved in the following asbestos-related lawsuits:

• Federal Employers Liability Act (FELA) claims
• Household asbestos exposure lawsuits
• Johns-Manville asbestos litigation
• MARDOC
• Talcum powder asbestos lawsuits
• Travelers Co. Asbestos-Related Settlements

Contact a Motley Rice asbestos lawyer to discuss your claim and learn more about asbestos and Canada. Complete our online form or call 1.800.768.4026.

Read more about our asbestos exposure litigation experience.