An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)

Marginal note:1993, c. 32, s. 1

35. The long title of the Explosives Act is replaced by the following:

• 36. (1) The definition “inspector” in section 2 of the Act is replaced by the following:

  “inspector”

  « inspecteur »

  “inspector” means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive;

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  “illicit manufacture”

  « fabrication illicite »

  “illicit manufacture” means any activity that is prohibited under paragraph 6(1)(a) or (e);

  “illicit trafficking”

  « trafic illicite »

  “illicit trafficking” means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive if

  • (a) the importation or exportation is not authorized by the country of origin or the country of destination, or

  • (b) the transportation in transit of the explosive through any country is not authorized by that country;

  “restricted component”

  « composant d'explosif limité »

  “restricted component” means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31);

  “transit”

  « transit »

  “transit” means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination;

Marginal note:1993, c. 32, s. 3(1)

• 37. (1) Paragraphs 5(a.2) to (a.4) of the Act are replaced by the following:

  • (a.2) exempting any explosive or class of explosives from the application of this Act or the regulations or any provision of this Act or the regulations;

  • (a.3) restricting to any person or body or class of persons or bodies the acquisition, possession, use or sale of any explosive or class of explosives;

  • (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 acquisition, possession, use or sale 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;

• (2) Section 5 of the Act is amended by adding the following after paragraph (a.8):

  • (a.9) respecting exemptions under subsection 6(2), including security standards that must be met before an exemption is granted, and prescribing the fees payable for the issuance of certificates of exemption under subsection 6(3);

• (3) Paragraph 5(c) of the Act is replaced by the following:

  • (c) not inconsistent with any other Act of Parliament or regulations made under any other Act of Parliament, for regulating the importation, exportation, packing, handling and transportation of explosives;

• (4) Section 5 of the Act is amended by adding the following after paragraph (i):

  • (i.1) respecting security standards and security measures relating to explosives and restricted components;

• (5) Section 5 of the Act is amended by adding the following after paragraph (l):

  • (l.1) respecting record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture and illicit trafficking of explosives;

• (6) Paragraph 5(m) of the Act is replaced by the following:

  • (m) respecting the acquisition, possession and sale of explosives and restricted components; and