Marginal note:Application of Act
3. Except as provided by the regulations, this Act does not apply to or in respect of any explosives under the direction or control of the Minister of National Defence.
- R.S., c. E-15, s. 3.
Marginal note:Binding on Her Majesty
4. Subject to section 3, this Act is binding on Her Majesty in right of Canada or a province.
- R.S., c. E-15, s. 3.
5. The Governor in Council may make regulations generally for carrying the purposes or provisions of this Act into effect, and in particular, but without limiting the generality of the foregoing, may make regulations
(a) for classifying explosives, and for prescribing the composition, quality and character of explosives;
(a.1) prescribing any thing that is to be included or not to be included in the definition "explosive" in section 2;
(a.2) exempting any explosive from the application of this Act or the regulations or any provision of this Act or the regulations;
(a.3) restricting the possession or use of any explosive or class of explosives to any person or body or class of persons or bodies;
(a.31) prescribing any component of an explosive and restricting to any person or body or class of persons or bodies its acquisition, possession or sale;
(a.4) prohibiting the sale, purchase, possession or use of any explosive that, in the opinion of the Minister, is intrinsically unsafe, and identifying that explosive by reference to its common name or a description of the class of explosives to which it belongs;
(a.5) respecting the transfer and possession of unmarked plastic explosives intended for use under paragraph 6.1(1)(a) or (b);
(a.6) respecting the transport, transfer and possession of unmarked plastic explosives by a person referred to in paragraph 6.1(3)(a) or (b) during the periods provided for in those paragraphs;
(a.7) prescribing procedures for the destruction or disposal of unmarked plastic explosives referred to in subsection 6.1(3);
(a.8) defining the expression "military device";
(b) prescribing the duration of licences, permits and certificates issued pursuant to section 7 and of permits issued pursuant to section 9, the terms and conditions on which licences, permits and certificates shall be issued and the fees to be paid therefor, and providing for the cancellation and suspension thereof;
(c) not inconsistent with any other Act of Parliament or regulations made thereunder, for regulating the importation, packing and handling of explosives, and the transportation of explosives;
(c.1) requiring that explosives be accompanied by safety instructions, and providing for the content of those instructions;
(c.2) requiring that explosives and their packaging be marked for safety purposes, and respecting those markings;
(d) for holding inquiries into any accident caused by explosives;
(e) for the taking of samples of explosives required for examination and testing, and for the establishing of testing stations, and of the tests and other examinations to which explosives shall be subjected;
(e.1) providing for safety standards in respect of research relating to explosives and for safety standards for large-scale testing of explosives;
(e.2) prescribing fees for declaring explosives to be authorized explosives and for testing explosives;
(f) prescribing the procedure to be followed to have an explosive declared an authorized explosive, the nature of the investigation to be made to determine its suitability to be declared authorized and the circumstances in which an explosive may be declared an authorized explosive;
(g) relating to the construction, management and licensing of factories and magazines;
(g.1) providing for safety standards in respect of factories and magazines;
(g.2) providing for the training in safety procedures of employees at factories and magazines;
(h) for the safety of the public and of
(i) employees at any factory or magazine,
(ii) persons engaged in the handling or packing of explosives or any class of explosives, or
(iii) persons engaged in the use of fireworks;
(iv) [Repealed, 1993, c. 32, s. 3]
(i) not inconsistent with any other Act of Parliament or regulations made thereunder, respecting the safety of any person engaged in the transportation of explosives;
(i.1) respecting security standards and security measures relating to explosives and restricted components;
(j) governing the establishment, location and maintenance of factories and magazines and the making, manufacture and storage of explosives;
(k) for the blending of the inexplosive components of an authorized explosive, and specifying the conditions under which the blending may be done;
(l) limiting the amount of authorized explosives that may be kept in places other than licensed factories and licensed magazines, and prescribing the manner in and conditions on which it shall be handled and stored in those places;
(m) respecting the acquisition, possession and sale of explosives and restricted components; and
(n) prescribing the circumstances in which explosives shall for the purposes of this Act be deemed to be or not to be under the direction or control of the Minister of National Defence.
- R.S., 1985, c. E-17, s. 5;
- 1993, c. 32, s. 3;
- 1995, c. 35, s. 2;
- 2004, c. 15, s. 37.
- Date modified: