Explosives Act (R.S.C., 1985, c. E-17)

Act current to 2017-11-20 and last amended on 2015-02-26. Previous Versions

Marginal note:Inspection
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested, stored, sold or transported, any restricted component is being stored or sold, or any fireworks are being or are intended to be used, and the inspector may

    • (a) open or cause to be opened any thing found in that place that the inspector believes, on reasonable grounds, contains an explosive or a substance that may be used in the manufacture of an explosive;

    • (b) inspect any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or any thing that may be used in the manufacturing, packing or marking of an explosive;

    • (c) take samples of any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or a substance that may be used in the manufacture of an explosive;

    • (d) require any person to produce for inspection or copying, in whole or in part, any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and

    • (e) make copies of or take extracts from any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations.

  • Marginal note:Vehicle

    (2) For the purpose of carrying out an inspection under subsection (1), an inspector may stop a vehicle or direct that it be moved to a place where the inspection may be carried out.

  • Marginal note:Operation of data processing and copying equipment

    (3) In carrying out an inspection at any place under this section, an inspector may

    • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

    • (b) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

  • Marginal note:Certificate to be produced

    (4) An inspector, other than a peace officer, shall be furnished with a certificate of appointment and on entering any place described in subsection (1) shall, if so required, produce the certificate to the person in charge thereof.

  • Marginal note:Warrant required to enter dwelling-house

    (5) An inspector may not enter a dwelling-house except with the consent of the occupant of the dwelling-house or under the authority of a warrant issued pursuant to subsection (6).

  • Marginal note:Authority to issue warrant

    (6) Where on ex parte application a justice is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,

    the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (7) An inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • R.S., 1985, c. E-17, s. 14;
  • 1993, c. 32, s. 8;
  • 2004, c. 15, s. 41.
Marginal note:Seizure
  •  (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

 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

 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
  •  (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
  •  (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

 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
  •  (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.
 
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