Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Access prevented

• 179 (1) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not have access to a high hazard explosive that is being manufactured, stored, sold, imported, exported or transported by the holder.

• Marginal note:Exception — supervised person

  (2) Subsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document.

Marginal note:Visitors

180 A holder of a licence or certificate must ensure that a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document.

Marginal note:Exception — peace officers, etc.

181 Subsection 179(1) and section 180 do not apply in respect of the following people when they are acting in the course of their duties:

• (a) a peace officer;

• (b) an employee of the federal government; or

• (c) an inspector appointed under the Explosives Act.

Application for Approval Letter

Marginal note:Application

• 182 (1) A person may apply for an approval letter by completing, signing and sending to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

  • (a) the applicant’s name, address, telephone number and email address;

  • (b) the applicant’s date of birth;

  • (c) if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number and email address and, if applicable, the name of the applicant’s supervisor; and

  • (d) if the applicant resides outside of Canada, a letter from the applicant’s employer in Canada confirming the work to be done and supporting the application.

• Marginal note:Criminal record check

  (2) The application must include the original or a certified copy of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister, or if the applicant resides outside of Canada, a certified police certificate from their country of origin dated not more than one year before the date on which the application is received by the Minister or a valid Canadian work permit.

• Marginal note:Additional information

  (3) The Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to issue the approval letter.

Marginal note:Issuance of letter

• 183 (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2), the Minister must issue a dated approval letter to the applicant and send a copy of the letter to any holder of a licence, permit or certificate mentioned in the application.

• Marginal note:Refusal

  (2) The Minister must refuse to issue an approval letter and must give the applicant written notice of the refusal, and the reasons for the refusal, if the applicant’s criminal record check reveals any of the following circumstances:

  • (a) the applicant is subject to a court order prohibiting them from possessing any explosives;

  • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences in Canada or equivalent offences committed outside of Canada:

    • (i) an indictable offence under the Explosives Act,

    • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

    • (iii) an offence under any of the following provisions of the Criminal Code:

      • (A) section 80 (breach of duty),

      • (B) section 81 (using explosives),

      • (C) section 82 (possession of explosives without lawful excuse),

      • (D) subsection 235(1) (first and second degree murder),

      • (E) subsection 239(1) (attempted murder),

      • (F) subsection 431.2(2) (explosive or other lethal device),

      • (G) section 436.1 (possession of incendiary material), or

    • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

      • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

      • (B) an offence under section 264 of the Criminal Code (criminal harassment).

• Marginal note:Other grounds of refusal

  (2.1) The Minister must refuse to issue an approval letter and must give the applicant written notice giving reasons of the refusal if

  • (a) the applicant has made a false or misleading statement in the application; or

  • (b) the Minister has reasonable grounds to believe that issuing the approval letter for the licence, permit or certificate mentioned in the application would constitute a risk to the safety or security of persons.

• Marginal note:Request for review

  (3) An applicant may, within 30 days after the day on which they receive a notice of refusal from the Minister, send the Minister a written request for a review of the refusal on the grounds that the information on which the refusal was based is incorrect, accompanied by any additional documents or any other information in writing that is necessary to support the request.

• Marginal note:Disposition on review

  (4) After reviewing the new information or documents, the Minister must

  • (a) issue the approval letter if the information on which the refusal was based is incorrect; or

  • (b) give the applicant written notice of the refusal, and the reasons for the refusal, and send a copy of the notice to any licence, permit or certificate holder mentioned in the application, if the information on which the refusal was based is correct.

• Marginal note:Review not requested

  (5) If the applicant does not request a review, the Minister must, at the end of the period mentioned in subsection (3), send a copy of the notice of refusal to any licence, permit or certificate holder mentioned in the application.

Marginal note:Cancellation

• 183.1 (1) The Minister may by written notice with reasons cancel the approval letter referred to in section 182 if one of the circumstances referred to in paragraph 183(2)(a) or (b) applies to the holder of the letter or on either grounds referred to in subsection 183(2.1).

• Marginal note:Additional information

  (2) The Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to cancel the approval letter.

Marginal note:Period of validity

184 An approval letter remains valid for five years after the date on which it is issued.

Marginal note:Copy of letter

• 185 (1) A person who has been issued an approval letter may

  • (a) obtain a copy of the letter by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; or

  • (b) have a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address.

• Marginal note:Verification

  (2) A holder of a licence, permit or certificate who wishes to verify that a director or employee of the holder, or a person seeking employment from the holder, has an approval letter must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

  • (a) the name, address, telephone number and email address of both the holder and a contact person;

  • (b) the name and date of birth of the person whose approval letter is to be verified; and

  • (c) that person’s written consent, witnessed and signed by a witness.

PART 9Transporting Explosives

Marginal note:Overview

186 This Part sets out the requirements for transporting explosives, including in transit transportation and the loading and unloading of explosives, that must be met by shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply.

Marginal note:Definitions

187 The following definitions apply in this Part.

carrier

carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur)

shipper

shipper means a person who arranges for a carrier, prepares the explosives for transport and delivers them to the carrier. (expéditeur)

Marginal note:Explosive quantity

188 A reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance), except in section 190 where it is a reference to its gross quantity (the mass of the explosive plus the mass of any packaging or container).

Marginal note:Driver who is not a carrier

189 A driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.

Exemption of Certain Explosives

Marginal note:List of explosives

• 190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport

  • (a) no more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED;

  • (b) no more than 150 kg of an explosive with the number

    • (i) UN 0161, POWDER, SMOKELESS,

    • (ii) UN 0186, ROCKET MOTORS,

    • (iii) UN 0191, SIGNAL DEVICES, HAND,

    • (iv) UN 0197, SIGNALS, SMOKE,

    • (v) UN 0276, CARTRIDGES, POWER DEVICE,

    • (vi) UN 0312, CARTRIDGES, SIGNAL,

    • (vii) UN 0336, FIREWORKS,

    • (viii) UN 0351, ARTICLES, EXPLOSIVE, N.O.S.,

    • (ix) UN 0403, FLARES, AERIAL,

    • (x) UN 0431, ARTICLES, PYROTECHNIC,

    • (xi) UN 0453, ROCKETS, LINE THROWING,

    • (xii) UN 0499, PROPELLANT, SOLID,

    • (xiii) UN 0501, PROPELLANT, SOLID,

    • (xiv) UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS,

    • (xv) UN 0505, SIGNALS, DISTRESS,

    • (xvi) UN 0509, POWDER, SMOKELESS; or

  • (c) any quantity of an explosive with the number

    • (i) UN 0012, CARTRIDGES, SMALL ARMS,

    • (ii) UN 0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK,

    • (iii) UN 0044, PRIMERS, CAP,

    • (iv) UN 0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER,

    • (v) UN 0105, FUSE, SAFETY,

    • (vi) UN 0131, LIGHTERS, FUSE,

    • (vii) UN 0173, RELEASE DEVICES, EXPLOSIVE,

    • (viii) UN 0323, CARTRIDGES, POWER DEVICE;

    • (ix) UN 0337, FIREWORKS,

    • (x) UN 0373, SIGNAL DEVICES, HAND,

    • (xi) UN 0404, FLARES, AERIAL,

    • (xii) UN 0405, CARTRIDGES, SIGNAL,

    • (xiii) UN 0432, ARTICLES, PYROTECHNIC,

    • (xiv) UN 0454, IGNITERS,

    • (xv) UN 0506, SIGNALS, DISTRESS, or

    • (xvi) UN 0507, SIGNALS, SMOKE.

• Marginal note:Requirements

  (2) Despite subsection (1), the carrier and driver must ensure that the explosives are transported in packaging or a container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized.