Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Inspectors’ duties

7 Nothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act.

Marginal note:Electronic notice

8 Any document, other than a document referred to in subsection 173(3) or (4) or 183(3) or section 426 or subsection 498(1), and any information that is required by these Regulations to be in writing, may be delivered in hard copy or by electronic means.

PART 2General Requirements, Prohibitions and Safety Precautions

Marginal note:Overview

9 This Part sets out requirements, prohibitions and safety precautions that apply to every person who is carrying out an Footnote ^*activity involving an explosive or who is in the vicinity of Footnote ^*explosives.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Requirements

Marginal note:Age restriction

10 A person must be at least 18 years old to carry out an Footnote ^*activity involving an explosive. However, this requirement does not apply to a person who acquires Footnote ^*small arms cartridges for their own personal use. It also does not apply when these Regulations provide for an exception.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Requirement that explosives be authorized

11 A person may carry out an Footnote ^*activity involving an explosive only if the Footnote ^*explosive is authorized under Part 3.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Prohibitions

Marginal note:Prohibited explosives

12 The following Footnote ^*explosives are, in the opinion of the Minister, intrinsically unsafe and must not be acquired, possessed, used or sold:

• (a) trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); and

• (b) explosives containing chemicals that are not Footnote ^*compatible with one another.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Sale or transfer

13 A person must not sell or otherwise transfer an Footnote ^*explosive to another person if they have reasonable grounds to suspect that

• (a) the other person is not authorized by the Explosives Act or these Regulations to acquire the explosive;

• (b) the explosive will be used for a criminal purpose; or

• (c) the other person is under the influence of alcohol or another performance-diminishing substance.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Acquisition of restricted explosive

14 A person must not acquire an Footnote ^*explosive that the Chief Inspector of Explosives has authorized with restrictions unless

• (a) if the authorization is restricted to specified people or bodies or classes of people or bodies, they are a person or body or member of a class of people or bodies specified in the authorization;

• (b) if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; or

• (c) if the authorization is restricted to specified people or bodies or classes of people or bodies and to specified purposes, they are a person or body or member of a class of people or bodies specified in the authorization and intend to use the explosive for a purpose specified in the authorization.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Performance-diminishing substance

15 A person must not carry out an Footnote ^*activity involving an explosive if they are under the influence of alcohol or another performance-diminishing substance. A person who has taken a prescription drug may carry out such an activity if they have medical proof that they need the drug and that it will not impede their ability to safely carry out the activity.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Smoking

16 A person must not smoke while they are carrying out Footnote ^*an activity involving an explosive or if they are within 8 m of an Footnote ^*explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Alteration of markings

• 17 (1) A person must not alter, deface or obscure any printing or label on an Footnote ^*explosive or its packaging unless they are ordered to do so by an inspector to correct an error.

• Marginal note:Change of quantity

  (2) However, after removing an explosive from its packaging, a person may alter the printing or label on the packaging to reflect the remaining quantity.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:False information

18 A person must not include in a document required by these Regulations any information that is false or misleading. A person must not submit a document that, by reason of non-disclosure of facts, is false or misleading.

Safety Precautions

Marginal note:Knowledge of activity

19 A person who is carrying out an Footnote ^*activity involving an explosive must ensure that they, and any person under their supervision, have knowledge of the activity being carried out and of the measures that must be taken to minimize any likelihood of harm to people and property that could result from the activity, including measures to

• (a) prevent an accidental ignition;

• (b) limit the spread of any fire or the extent of any explosion; and

• (c) protect people from the effects of any fire or explosion.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Precautionary measures

20 A person who is carrying out an Footnote ^*activity involving an explosive must take measures that minimize the likelihood of harm to people or property that could result from the activity, including measures to

• (a) prevent an accidental ignition;

• (b) limit the spread of any fire or the extent of any explosion; and

• (c) protect people from the effects of any fire or explosion.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Limiting access to explosives

21 A person who is in control of an Footnote ^*explosive must ensure that only people authorized by them or by law have access to the explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Use of fireworks

22 A person may use fireworks only for the purpose for which they were designed.

PART 3Authorization and Classification of Explosives

Marginal note:Overview

23 This Part sets out Footnote ^*activities involving an explosive that may be carried out even if the Footnote ^*explosive is not authorized. It also sets out the procedure for obtaining authorization of an explosive and when permission is required to change an explosive that has been authorized. It deals as well with the classification and reclassification of explosives, their recall and the cancellation of an authorization.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Chief Inspector’s delegate

24 The duties and functions of the Chief Inspector of Explosives that are set out in sections 32 to 40 may be performed by an inspector designated by the Chief Inspector.

Authorization Not Required

Marginal note:Exemption from authorization

25 Despite section 11, the following Footnote ^*activities involving an explosive may be carried out even though the Footnote ^*explosives are not authorized:

• (a) the manufacture of up to 1 kg of explosives to be used in conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution;

• (b) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, demonstration, test or analysis by a government or law enforcement agency;

• (c) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, test or analysis at a private or commercial laboratory;

• (d) the manufacture of black powder charges for ceremonial use;

• (e) the manufacture of Footnote ^*small arms cartridges or black powder cartouches for personal use;

• (f) the assembly and use of special purpose pyrotechnics, as defined in section 361;

• (g) the sending of a sample of an explosive to the Chief Inspector of Explosives, at his or her request, for authorization testing;

• (h) the importation of an explosive, if the conditions set out in section 45 are met;

• (i) the exportation of an explosive, if the conditions set out in section 45 are met; and

• (j) the transportation in transit of an explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Application for Authorization

Marginal note:Period of authorization

• 26 (1) An Footnote ^*explosive may be authorized for an indefinite period or for a specified period.

• Marginal note:Indefinite period

  (2) An authorization for an indefinite period is issued if the explosive is intended to be used in ongoing or recurring activities. The authorization may be issued with restrictions.

• Marginal note:Specified period

  (3) An authorization for a specified period is issued if the explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Applicant

27 The following people may apply to have an Footnote ^*explosive authorized:

• (a) a person who proposes to manufacture the explosive;

• (b) a foreign manufacturer of the explosive; or

• (c) a person who has permission to apply from a manufacturer of the explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Application for indefinite period

28 An applicant for an authorization for an indefinite period 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, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;

• (b) a short description of the explosive and its properties, as well as its Footnote ^*product name;

• (c) a description of the circumstances in which it will be used;

• (d) for an Footnote ^*explosive article, a technical drawing of the article, prepared to scale, that sets out its dimensions, its components and the materials of its construction;

• (e) the composition of the explosive and the percent tolerance or range of each of its ingredients;

• (f) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;

• (g) the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state;

• (h) the anticipated classification of the explosive under section 36;

• (i) in the case of an explosive to be Footnote ^*manufactured in Canada for the first time, a description of the manufacturing operations that will be used;

• (j) for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use;

• (k) a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale;

• (l) a description of the packaging or container in which the explosive will be transported and stored, and the safety standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992;

• (m) the information that will be printed on the explosive and its packaging;

• (n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; and

• (o) the period after the manufacture of the explosive during which it will remain suitable for use in the circumstances described in paragraph (c).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.