Marginal note:Short title

1. This Act may be cited as the Explosives Act.

Marginal note:Definitions

2. In this Act,

“authorized explosive”

« explosif autorisé »

“authorized explosive” means any explosive that is declared to be an authorized explosive in accordance with the regulations;

“Convention”

« Convention »

“Convention” means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, concluded in Montreal on March 1, 1991, as amended from time to time;

“Department”

« ministère »

“Department” means the Department of Natural Resources;

“detection agent”

« agent de détection »

“detection agent” means any of the substances set out in the Table to Part 2 of the Technical Annex to the Convention;

“explosive”

« explosif »

“explosive” means any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations;

“factory”

« fabrique »

“factory” means any building, structure, premises or land in or on which the manufacture or any part of the process of manufacture of an explosive is carried on, the site on which the building, structure or premises are situated, and all other buildings, structures or premises within such a site;

“inspector”

« inspecteur »

“inspector” means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive;

“licensed factory”

« fabrique agréée »

“licensed factory” means a factory in respect of which a licence issued under section 7 is in force;

“licensed magazine”

« poudrière agréée »

“licensed magazine” means a magazine in respect of which a licence issued under section 7 is in force;

“magazine”

« poudrière »

“magazine” means any building, storehouse, structure or place in which any explosive is kept or stored, but does not include

• (a) a place where an explosive is kept or stored exclusively for use at or in a mine or quarry in a province in which provision is made by the law of that province for efficient inspection and control of explosives stored and used at or in mines and quarries,

• (b) a vehicle in which an authorized explosive is being conveyed in accordance with this Act,

• (c) the structure or place in which is kept for private use, and not for sale, an authorized explosive to an amount not exceeding that authorized by regulation,

• (d) any store or warehouse in which are stored for sale authorized explosives to an amount not exceeding that authorized by regulation, or

• (e) any place at which the blending or assembling of the inexplosive component parts of an authorized explosive is allowed under section 8;

“military device”

« engin militaire »

“military device” has the meaning assigned to that expression by the regulations;

“Minister”

« ministre »

“Minister” means the Minister of Natural Resources or such other Minister as the Governor in Council may designate;

“operator”

« exploitants »

“operator” includes the owner, manager or person in charge;

“plastic explosive”

« explosif plastique »

“plastic explosive” means an explosive that

• (a) is formulated with one or more high explosives that in their pure form have a vapour pressure less than 10^-4 Pa at a temperature of 25^oC,

• (b) is formulated with a binder material, and

• (c) is, when mixed, malleable or flexible at normal room temperature;

“restricted component”

« composant d'explosif limité »

“restricted component” means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31);

“unmarked plastic explosive”

« explosif plastique non marqué »

“unmarked plastic explosive” means a plastic explosive that

• (a) does not contain a detection agent, or

• (b) at the time of manufacture, does not contain the required minimum concentration level of a detection agent as set out in the Table to Part 2 of the Technical Annex to the Convention;

“vehicle”

« véhicules »

“vehicle” means any truck, automobile or other conveyance for use on land but does not include any vehicle running only on rails to which Part III of the Canada Transportation Act applies.