Asbestos Ban in Canada 2018: What It Means for Workers, Families, and Future Claims

The 2018 asbestos ban in Canada marked a major public health milestone, ending more than a century of asbestos use in construction, manufacturing, and industrial production. However, despite the ban, asbestos remains a serious issue across the country, especially for workers and families exposed before 2018 who are only now being diagnosed with asbestos-related diseases such as mesothelioma and lung cancer. Understanding what the ban covers, what it doesn’t, and how it affects legal compensation is essential for anyone impacted by past exposure.

The History of Asbestos Use in Canada

Asbestos was once considered a “miracle mineral.” Its strength, heat resistance, and insulating properties made it a staple in Canadian industries for much of the 20th century. Canada was one of the world’s largest producers of asbestos, with major mining operations in Quebec until the last mine closed in 2011.

From the 1930s to the early 1990s, asbestos was used in thousands of products, including:

• Pipe insulation and boiler coverings
  
• Ceiling and floor tiles
  
• Roofing and siding materials
  
• Cement, plaster, and drywall compounds
  
• Gaskets, brake pads, and industrial machinery components
  

Workers in factories, steel mills, refineries, power plants, and construction sites across Ontario, Quebec, Alberta, and British Columbia handled asbestos daily, often without protective equipment or proper warnings about the risks.

What the 2018 Asbestos Ban Covers

On December 30, 2018, Canada’s federal Prohibition of Asbestos and Products Containing Asbestos Regulations came into effect under the Canadian Environmental Protection Act (CEPA). The regulations prohibited:

• The import, sale, and use of asbestos and asbestos-containing products.
  
• The manufacture of any products containing asbestos.
  
• The export of asbestos or asbestos-containing products from Canada.
  

The ban applies to nearly all sectors, including construction, automotive, and industrial operations. It also requires federal approval for any limited, time-bound exemptions, primarily for legacy equipment in military or nuclear facilities where asbestos removal would be unsafe or impractical.

In essence, the asbestos ban officially ended new use in Canada, but it did not eliminate asbestos already installed in buildings or equipment prior to 2018.

What the Ban Does Not Cover

Many older buildings, schools, factories, and homes still contain asbestos materials installed before the ban. The regulation does not require immediate removal of existing asbestos unless it poses an active health risk or is disturbed during renovation or demolition.

Common legacy asbestos materials include:

• Pipe insulation and spray-on fireproofing
  
• Ceiling tiles and textured coatings
  
• Floor tiles and adhesives
  
• Asbestos cement pipes and wall panels
  

As a result, asbestos exposure remains a concern during maintenance, construction, renovations and demolition activities in older structures. Workers must follow strict federal and provincial safety standards when handling or removing asbestos materials.

Why Asbestos Was Finally Banned in Canada

For decades, health experts and advocacy groups pushed for an outright ban as medical research conclusively linked asbestos to fatal illnesses. Asbestos exposure is the sole cause of mesothelioma, an aggressive cancer of the lung or abdominal lining, and a leading cause of occupational lung disease deaths in Canada.

According to Health Canada and Statistics Canada data, more than 400 Canadians die each year from mesothelioma alone, with thousands more suffering from asbestos-related lung cancers and asbestosis. These numbers are expected to rise for years due to the long latency period of asbestos-related diseases, which can take 20 to 50 years to appear after exposure.

The ban was driven by overwhelming evidence that no level of asbestos exposure is safe and by global efforts to align Canada with countries such as Australia and those in the European Union, which had already prohibited asbestos years earlier.

Asbestos Exposure Before 2018: Ongoing Health and Legal Implications

Although asbestos is banned, many Canadians who worked with it before 2018 are still being diagnosed with mesothelioma, lung cancer, and severe asbestosis today. These diseases develop slowly, meaning individuals exposed in the 1960s, 1970s, or 1980s may only now experience symptoms.

Importantly, the 2018 ban does not affect the right of Canadians to pursue compensation for past exposure. Miskin Law continues to represent clients exposed decades ago who qualify for asbestos trust fund compensation.

Compensation for Asbestos Exposure in Canada

Canada does not have mesothelioma lawsuits. Instead, affected individuals file claims through U.S.-based asbestos trust funds, which were created by bankrupt asbestos manufacturers to compensate victims worldwide, including Canadians.

To qualify for compensation, claimants must show:

• A confirmed diagnosis of mesothelioma, lung cancer, or another asbestos-related disease.
  
• Evidence of asbestos exposure, often supported through employment affidavits, family testimony, or site evidence.
  

Miskin Law has decades of experience filing these claims and maintains a large database of exposure evidence from industrial sites across Ontario and other provinces. This database includes historical proof of asbestos use at facilities such as Stelco, Dofasco, Imperial Oil, Dow Chemical, Dupont, and numerous power plants, paper mills, and refineries.

Typical Settlement Ranges for Canadian Claimants

Compensation depends on the strength of evidence and the claimant’s situation:

• $600,000–$1,000,000 for living claimants with verified industrial exposure.
  
• $1,000,000+ for younger clients or Johnson & Johnson talc-related cases.
  
• $20,000 minimum for deceased claimants with limited evidence.
  

Even though the asbestos ban is now in place, these trust funds continue to pay Canadian claimants for exposures that occurred decades earlier.

What Homeowners and Contractors Need to Know Post-Ban

For homeowners, discovering asbestos in an older property can be alarming. While intact asbestos materials do not usually pose an immediate risk, disturbing them during renovations can release harmful fibres. Anyone planning to remodel a pre-1990 home should:

• Hire a licensed asbestos removal contractor for testing and abatement.
  
• Avoid sanding, drilling, or cutting materials that may contain asbestos.
  
• Ensure proper disposal through provincially approved hazardous waste channels.
  

Workers in construction, plumbing, or electrical trades should complete certified asbestos awareness training and follow provincial health and safety regulations to avoid exposure.

Why Miskin Law Continues to Lead in Post-Ban Asbestos Claims

Miskin Law is Canada’s leading firm for asbestos trust claims. The firm has represented hundreds of Canadians affected by asbestos exposure at industrial and residential sites across the country. With over two decades of experience and an extensive library of worksite affidavits, Miskin Law helps clients secure compensation even when exposure happened long before the 2018 ban.

The firm operates on a 1/3 contingency fee with minimal disbursements and no upfront costs.

Moving Forward After the 2018 Ban

The asbestos ban has undoubtedly made Canada safer, but its legacy continues to affect thousands of families. While the law prevents new exposures, justice remains available for those harmed in the past.

If you or a loved one has been diagnosed with mesothelioma, lung cancer, or another asbestos-related illness, you may be eligible for compensation.

Contact Miskin Law today to schedule a free consultation and learn how to file an asbestos trust claim in Canada.