Explosives Act (R.S.C., 1985, c. E-17)
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Act current to 2024-10-30 and last amended on 2015-02-26. Previous Versions
Inspectors and Chemists (continued)
Marginal note:Seizure
14.1 (1) If, in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive or any restricted component
(a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence.
Marginal note:Storage
(2) The seized explosive or restricted component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage.
Marginal note:Storage
(3) The explosive or restricted component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure.
Marginal note:Prohibition
(4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive or a restricted component that is seized and detained under this Act.
- 1993, c. 32, s. 8
- 2004, c. 15, s. 42
Marginal note:Safety measures
14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives or restricted components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention.
- 1993, c. 32, s. 8
- 2004, c. 15, s. 42
Marginal note:Assistance to inspector
14.3 The operator of a place entered by an inspector pursuant to subsection 14(1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act, and shall furnish the inspector with any information the inspector may reasonably require with respect to the administration of this Act and the regulations.
- 1993, c. 32, s. 8
Marginal note:Detention
14.4 (1) An explosive or a restricted component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry, it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it.
Marginal note:Continued detention
(2) If proceedings are instituted in relation to a seized explosive or restricted component, the explosive or restricted component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2).
- 1993, c. 32, s. 8
- 2004, c. 15, s. 43(E)
Marginal note:Application for return
14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.
Marginal note:Order
(2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it.
- 1993, c. 32, s. 8
- 2004, c. 15, s. 44
Marginal note:Consent to forfeiture
14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.
- 1993, c. 32, s. 8
- 2004, c. 15, s. 44
Inquiries into Accidents
Marginal note:Minister may direct inquiry
15 (1) The Minister may direct an inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, whenever any accidental explosion of any explosive has occurred, or when any accident has been caused by an explosive.
Marginal note:Authority of person appointed to inquire
(2) The person authorized by the Minister to conduct an inquiry under subsection (1) has all the powers and authority of a commissioner appointed under Part I of the Inquiries Act.
(3) [Repealed, 1989, c. 3, s. 42]
Marginal note:Where provincial inquiry provided
(4) This section does not apply where an accident has been caused by an explosion of an explosive occurring in any mine or quarry or metallurgical work in a province in which provision is made by the law of that province for a proper and thorough investigation and inquiry into the cause of such an accident.
- R.S., 1985, c. E-17, s. 15
- 1989, c. 3, s. 42
Offences, Punishment and Procedure
Marginal note:Offences
16 (1) Every person who
(a) fails to permit an inspector to enter any place or to inspect, examine or make inquiries in pursuance of the inspector’s duties,
(b) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, in respect of which no appeal has been taken under section 17,
(c) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, as amended or confirmed by the Minister pursuant to section 17, or
(d) in any manner whatever, obstructs an inspector in the execution of the inspector’s duties under this Act,
is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both.
Marginal note:Certificate of Minister as evidence
(2) In any prosecution under paragraph (1)(b) for failure to comply with an order, direction or requirement of an inspector, a certificate purporting to have been signed by or on behalf of the Minister stating that no appeal in respect of the order, direction or requirement has been taken under section 17 shall be received in evidence as proof, in the absence of evidence to the contrary, of that fact.
Marginal note:Idem
(3) In any prosecution under paragraph (1)(c) for failure to comply with an order, direction or requirement of an inspector as amended or confirmed by the Minister, a certificate purporting to have been signed by or on behalf of the Minister stating
(a) that the Minister has amended or confirmed the order, direction or requirement of the inspector, and
(b) the terms of the order, direction or requirement as amended or confirmed,
shall be received in evidence as proof, in the absence of evidence to the contrary, of the matters set out in the certificate.
- R.S., 1985, c. E-17, s. 16
- 1993, c. 32, s. 9
Marginal note:Appeal to Minister
17 A person who is dissatisfied with an order, direction or requirement of an inspector made in pursuance of this Act or any regulation may, within fifteen days after the day on which the order, direction or requirement was made, submit the facts respecting the order, direction or requirement to the Minister for the Minister’s consideration and decision, and the Minister may confirm, revoke or amend the order, direction or requirement.
- R.S., c. E-15, s. 17
Marginal note:Trespassing
18 Every person who without permission or lawful authority enters or is otherwise found in or about any factory or magazine or any vehicle in which an authorized explosive is being conveyed is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, and may be forthwith removed therefrom by any peace officer or by any person employed at the factory or magazine or the operator of the vehicle, as the case may be.
- R.S., 1985, c. E-17, s. 18
- 1993, c. 32, s. 10
Marginal note:False information or application
19 No person shall
(a) in or with respect to an application for a licence, permit, or certificate under section 7 or a permit under section 9, submit any false or misleading information or make any false or misleading statement; or
(b) make such an application that, by reason of any non-disclosure of facts, is false or misleading.
- R.S., 1985, c. E-17, s. 19
- 1993, c. 32, s. 10
Marginal note:Acts likely to cause explosion or fire
20 Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
- R.S., 1985, c. E-17, s. 20
- 1993, c. 32, s. 10
- 2004, c. 15, s. 45
Marginal note:Possession, etc.
21 (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable
(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:No offence
(2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.
- R.S., 1985, c. E-17, s. 21
- 1993, c. 32, s. 11
- 2004, c. 15, s. 45, c. 25, ss. 139(E), 208(E)
Marginal note:Continuing offence
21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
- 2004, c. 15, s. 45
Marginal note:General punishment
22 (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable
(a) for a first offence, to a fine not exceeding fifty thousand dollars; and
(b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars.
Marginal note:Arrest without warrant
(2) For the purpose of this Act, a peace officer may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.
Marginal note:Additional fine
(3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the person acquired any monetary benefits or that monetary benefits accrued to the person, order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimate of the amount of those monetary benefits.
- R.S., 1985, c. E-17, s. 22
- 1993, c. 32, s. 12
- 2004, c. 15, s. 46
- Date modified: