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

Act current to 2017-10-13 and last amended on 2015-02-26. Previous Versions

Offences, Punishment and Procedure

Marginal note:Offences
  •  (1) Every person who

    • (a) fails to permit an inspector to enter any place or to inspect, examine or make inquiries in pursuance of the inspector’s duties,

    • (b) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, in respect of which no appeal has been taken under section 17,

    • (c) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, as amended or confirmed by the Minister pursuant to section 17, or

    • (d) in any manner whatever, obstructs an inspector in the execution of the inspector’s duties under this Act,

    is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both.

  • Marginal note:Certificate of Minister as evidence

    (2) In any prosecution under paragraph (1)(b) for failure to comply with an order, direction or requirement of an inspector, a certificate purporting to have been signed by or on behalf of the Minister stating that no appeal in respect of the order, direction or requirement has been taken under section 17 shall be received in evidence as proof, in the absence of evidence to the contrary, of that fact.

  • Marginal note:Idem

    (3) In any prosecution under paragraph (1)(c) for failure to comply with an order, direction or requirement of an inspector as amended or confirmed by the Minister, a certificate purporting to have been signed by or on behalf of the Minister stating

    • (a) that the Minister has amended or confirmed the order, direction or requirement of the inspector, and

    • (b) the terms of the order, direction or requirement as amended or confirmed,

    shall be received in evidence as proof, in the absence of evidence to the contrary, of the matters set out in the certificate.

  • R.S., 1985, c. E-17, s. 16;
  • 1993, c. 32, s. 9.
Marginal note:Appeal to Minister

 A person who is dissatisfied with an order, direction or requirement of an inspector made in pursuance of this Act or any regulation may, within fifteen days after the day on which the order, direction or requirement was made, submit the facts respecting the order, direction or requirement to the Minister for the Minister’s consideration and decision, and the Minister may confirm, revoke or amend the order, direction or requirement.

  • R.S., c. E-15, s. 17.
Marginal note:Trespassing

 Every person who without permission or lawful authority enters or is otherwise found in or about any factory or magazine or any vehicle in which an authorized explosive is being conveyed is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, and may be forthwith removed therefrom by any peace officer or by any person employed at the factory or magazine or the operator of the vehicle, as the case may be.

  • R.S., 1985, c. E-17, s. 18;
  • 1993, c. 32, s. 10.
Marginal note:False information or application

 No person shall

  • (a) in or with respect to an application for a licence, permit, or certificate under section 7 or a permit under section 9, submit any false or misleading information or make any false or misleading statement; or

  • (b) make such an application that, by reason of any non-disclosure of facts, is false or misleading.

  • R.S., 1985, c. E-17, s. 19;
  • 1993, c. 32, s. 10.
Marginal note:Acts likely to cause explosion or fire

 Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable

  • (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or

  • (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

  • R.S., 1985, c. E-17, s. 20;
  • 1993, c. 32, s. 10;
  • 2004, c. 15, s. 45.
Marginal note:Possession, etc.
  •  (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

    • (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or

    • (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

  • Marginal note:No offence

    (2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.

  • R.S., 1985, c. E-17, s. 21;
  • 1993, c. 32, s. 11;
  • 2004, c. 15, s. 45, c. 25, ss. 139(E), 208(E).
Marginal note:Continuing offence

 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • 2004, c. 15, s. 45.
Marginal note:General punishment
  •  (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable

    • (a) for a first offence, to a fine not exceeding fifty thousand dollars; and

    • (b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Arrest without warrant

    (2) For the purpose of this Act, a peace officer may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.

  • Marginal note:Additional fine

    (3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the person acquired any monetary benefits or that monetary benefits accrued to the person, order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimate of the amount of those monetary benefits.

  • R.S., 1985, c. E-17, s. 22;
  • 1993, c. 32, s. 12;
  • 2004, c. 15, s. 46.
Marginal note:Disclosure of confidential information
  •  (1) Subject to subsection (2) and the regulations, any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable

    • (a) on summary conviction, to a fine not exceeding five thousand dollars; or

    • (b) on proceedings by way of indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both.

  • Marginal note:Exceptions

    (2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law, or where the disclosure may reasonably be considered necessary for the protection of any person or property.

  • R.S., 1985, c. E-17, s. 23;
  • 1993, c. 32, s. 12;
  • 2004, c. 15, s. 47.
Marginal note:Venue

 An information in respect of an offence under this Act may be heard, tried or determined by any competent court of criminal jurisdiction in and for a province if the accused is resident, working or carrying on business within the territorial jurisdiction of that court even if the matter of the information did not arise in that territorial jurisdiction.

  • 1993, c. 32, s. 12.
Marginal note:Limitation period
  •  (1) Any proceedings under this Act may be instituted at any time within, but not later than, twelve months after the day on which the Minister becomes aware of the subject-matter of the proceedings.

  • Marginal note:Certificate

    (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

  • R.S., 1985, c. E-17, s. 24;
  • 2004, c. 15, s. 48.
 
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