Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Application for specified period

29 An applicant for an authorization for a specified period, if the Footnote ^*explosive is for use other than at a special event, tour or international competition involving fireworks, 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) the period for which the authorization is requested;

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

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

• (e) the quantity of the explosive that will be used during the period;

• (f) every location where it will be used;

• (g) in the case of a product trial, the location where the explosive will be manufactured;

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

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

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

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

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

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

• (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;

• (o) the delivery system, if the explosive is to be transported in bulk; and

• (p) the method to be used to destroy any of the explosive that is not used before the authorization expires.

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

Marginal note:Application for specified period — other activities

30 An applicant for an authorization for a specified period, if the Footnote ^*explosive is for use at a special event, tour or international competition involving fireworks, 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 Footnote ^*explosive and its properties, as well as its Footnote ^*product name;

• (c) the transport classification issued by the country of origin;

• (d) the places and dates of the special event, tour or international competition at which the explosive will be used;

• (e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized;

• (f) the precautions that will be taken to minimize the likelihood of harm to people and property; and

• (g) the method to be used to destroy any of the explosive that is not used before the authorization expires.

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

Marginal note:Fees

31 The applicant for an authorization must pay the applicable fees set out in Part 19.

Authorization

Marginal note:Authorization for indefinite period

• 32 (1) The Chief Inspector of Explosives must authorize the use of an Footnote ^*explosive for an indefinite period if the Chief Inspector determines, on the basis of the results of one or more of the following tests, that the explosive can be safely Footnote ^*manufactured, handled, stored, transported, used and destroyed:

  • (a) a test listed in the table to this Part that is conducted on the explosive;

  • (b) a test listed in the table to this Part that is conducted on a similar explosive; or

  • (c) a test that was conducted on this or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that is equivalent to a test listed in the table to this Part.

• Marginal note:Authorization with restrictions

  (2) The authorization must be given with restrictions if the Chief Inspector determines, based on the type, hazard classification, UN number and the circumstances in which the explosive will be used, that it can safely be used only by a specific person, body or class of people or bodies, or for a specific purpose.

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

Marginal note:Authorization for specified period

33 The Chief Inspector of Explosives must authorize an Footnote ^*explosive for a specified period if the Chief Inspector determines, on the basis of the information in the application and the results of any sample testing, that the explosive can be safely Footnote ^*manufactured, handled, stored, transported, used and destroyed.

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

Marginal note:Sample required

• 34 (1) If a sample of an Footnote ^*explosive is required for a test listed in the table to this Part, the Chief Inspector of Explosives must notify the applicant, specify the quantity of the explosive required and indicate the address to which the sample may be sent.

• Marginal note:Sending sample

  (2) A person must not send a sample of an explosive for testing unless they have been requested to do so by the Chief Inspector.

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

Marginal note:Notice

• 35 (1) The Chief Inspector of Explosives must give the applicant written notice of whether the Footnote ^*explosive has been authorized.

• Marginal note:Reasons

  (2) If the explosive has not been authorized, the notice must include the reasons for the refusal to authorize.

• Marginal note:Classification and restrictions

  (3) If the explosive has been authorized, the notice must include the following information:

  • (a) the classification of the explosive;

  • (b) in the case of an authorization for an indefinite period, any restrictions respecting the people or bodies or classes of people or bodies that may use the explosive and any restrictions respecting the purposes for which it may be used;

  • (c) in the case of an authorization for a specified period, the period for which the explosive is authorized, the quantity authorized, the place of Footnote ^*manufacture and the place of use; and

  • (d) the date on which the explosive was authorized.

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

Classification of Explosives

Marginal note:Classification of authorized explosives

• 36 (1) The Chief Inspector of Explosives must classify each authorized Footnote ^*explosive by type, hazard category and UN number in accordance with this section.

• Marginal note:Type

  (2) Each authorized explosive is classified according to its intended use as one of the following types:

  • (a) E — high explosives:

    • (i) E.1 — blasting explosives,

    • (ii) E.2 — perforating explosives,

    • (iii) E.3 — special-application explosives;

  • (b) I — initiation systems;

  • (c) P — propellant powder:

    • (i) P.1 — black powder and hazard category PE 1 black powder substitutes,

    • (ii) P.2 — smokeless powder and hazard category PE 3 black powder substitutes;

  • (d) C — cartridges:

    • (i) C.1 — Footnote ^*small arms cartridges,

    • (ii) C.2 — blank cartridges for tools,

    • (iii) C.3 — percussion caps;

  • (e) D — military explosives and law enforcement explosives;

  • (f) F — fireworks:

    • (i) F.1 — consumer fireworks,

    • (ii) F.2 — display fireworks,

    • (iii) F.3 — special effect pyrotechnics,

    • (iv) F.4 — fireworks accessories;

  • (g) R — rocket motors:

    • (i) R.1 — model rocket motors,

    • (ii) R.2 — high-power rocket motors,

    • (iii) R.3 — rocket motor accessories; or

  • (h) S — special purpose explosives:

    • (i) S.1 — low-hazard special purpose explosives,

    • (ii) S.2 — high-hazard special purpose explosives.

• Marginal note:Hazard category

  (3) Each authorized explosive is also classified for the purposes of Footnote ^*manufacturing and storage into one or more of the following potential effects (PE) categories, if applicable. The classification is made according to hazard, determined on the basis of manufacturing operations, the quantity of explosive and how the explosive will be packaged:

  • (a) PE 1 — mass explosion hazard;

  • (b) PE 2 — serious projection hazard but not a mass explosion hazard;

  • (c) PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; or

  • (d) PE 4 — fire hazard or slight explosion hazard, or both, with only local effect.

• Marginal note:UN number

  (4) Each authorized explosive is assigned a UN number as set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations on the basis of its type, hazard category and the circumstances in which it will be used.

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

Authorized Explosives

Marginal note:Changes to authorized explosive

• 37 (1) A person who has obtained the authorization of an Footnote ^*explosive must obtain the written permission of the Chief Inspector of Explosives before changing the explosive in a way that would render any of the following information inaccurate:

  • (a) in the case of an authorization for an indefinite period, any information required under paragraphs 28(d) to (f) or (l) to (n); and

  • (b) in the case of an authorization for a specified period, any information required under paragraphs 29(h) to (j), (m) or (n).

• Marginal note:Permission given

  (2) The Chief Inspector of Explosives must give permission if the proposed change would not affect the performance or classification of the explosive. The Chief Inspector must notify the holder in writing when permission is given.

• Marginal note:Permission refused

  (3) If permission is refused, the Chief Inspector must notify the holder in writing that permission is refused and that a new application for authorization is required.

• Marginal note:Exception

  (4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if

  • (a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;

  • (b) the UN number assigned to the explosives by the competent authority of the country of origin has not changed; and

  • (c) the Chief Inspector of Explosives has received a written notice of any change to the explosive.

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

Marginal note:Reclassification

• 38 (1) The Chief Inspector of Explosives must reclassify an authorized Footnote ^*explosive if periodic testing or new information reveals that its classification is no longer appropriate.

• Marginal note:Written notice

  (2) The Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification.

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