Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2017-12-11 and last amended on 2016-04-15. Previous Versions

Explosives Regulations, 2013

SOR/2013-211

EXPLOSIVES ACT

Registration 2013-11-27

Explosives Regulations, 2013

P.C. 2013-1283 2013-11-26

His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 5Footnote a of the Explosives ActFootnote b, makes the annexed Explosives Regulations, 2013.

PART 1Introduction

Marginal note:Overview

 This Part sets out the scheme and application of these Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”. Finally, it explains the function of the notes and asterisks that are used in the Regulations.

Note: Section 29 of the Explosives Act states that “Nothing in the Act relieves any person . . . of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives. . . .”

Marginal note:Notes

 The notes that appear beneath some provisions do not form part of these Regulations but are included for convenience only.

Marginal note:Asterisks

 When a term that is defined in section 6 is used in these Regulations, an asterisk appears in front of the term the first time that it is used in a section.

Marginal note:Scheme of Regulations
  •  (1) These Regulations are divided into 20 Parts. Some Parts apply to all Footnote *explosives and some apply only to specific types of explosive. The final Part applies to restricted components.

  • Marginal note:General requirements, prohibitions and safety precautions

    (2) Part 2 sets out the general requirements, prohibitions and safety precautions that apply to every person who is carrying out an Footnote *activity involving an explosive or is in the vicinity of an explosive.

  • Marginal note:Authorization and classification of explosives

    (3) Part 3 indicates how to obtain an authorization of an explosive, how an authorized explosive is classified, how to obtain permission to change an authorized explosive, when an authorization may be cancelled and when an authorized explosive must be recalled.

  • Marginal note:Importing and exporting explosives and transporting explosives in transit

    (4) Part 4 indicates how to obtain a permit to import or export explosives or to transport them in transit and sets out the requirements for carrying out those activities.

  • Marginal note:Manufacturing explosives

    (5) Part 5 indicates how to obtain a factory licence or manufacturing certificate and sets out the circumstances in which explosives may be Footnote *manufactured without a licence or certificate. It also sets out the requirements for manufacturing explosives.

  • Marginal note:Magazine licences and storage in licensed magazine

    (6) Part 6 indicates how to obtain a magazine licence and sets out the requirements for storing explosives in a licensed magazine.

  • Marginal note:Provisions of general application

    (7) Part 7 sets out the terms and conditions that apply to all holders of licences, permits and certificates, indicates how to obtain an amendment or renewal and sets out the circumstances in which a licence, permit or certificate may be suspended or cancelled.

  • Marginal note:Screening

    (8) Part 8 sets out the screening and supervision requirements that apply to people who have, or could have, access to high risk explosives.

  • Marginal note:Transporting explosives

    (9) Part 9 sets out the requirements for transporting explosives, including transporting them in transit.

  • Marginal note:Particular types of explosives

    (10) Parts 10 to 15 set out the requirements for the acquisition, storage and sale of the following types of explosives:

    • (a) military explosives and law enforcement explosives – Part 10;

    • (b) Footnote *industrial explosives – Part 11;

    • (c) blank cartridges for tools – Part 12;

    • (d) special purpose explosives – Part 13;

    • (e) small arms cartridges, propellant powder and percussion caps – Part 14; and

    • (f) model and high power rocket motors – Part 15.

    Part 14 also authorizes, and sets out requirements for, the manufacture of small arms cartridges and black powder cartouches.

  • Marginal note:Types of pyrotechnics

    (11) Parts 16 to 18 set out the requirements for the acquisition, storage, sale and use of the following types of fireworks:

    • (a) consumer fireworks – Part 16;

    • (b) Footnote *special effect pyrotechnics – Part 17; and

    • (c) display fireworks, including firecrackers – Part 18.

    Parts 17 and 18 also indicate how to obtain a fireworks operator certificate.

  • Marginal note:Fees

    (12) Part 19 sets out the fees to be paid for obtaining an authorization, permit, licence or certificate.

  • Marginal note:Restricted components

    (13) Part 20 restricts the sale and acquisition of certain components of explosives and sets out requirements for their sale and storage.

  • SOR/2016-75, s. 37.
Marginal note:Application of Regulations
  •  (1) These Regulations apply to all Footnote *explosives except the following, to which only Part 5 applies:

    • (a) safety and strike-anywhere matches;

    • (b) life-saving devices (for example, signals, flares and parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment that is necessary for its safe operation or for the safety of its occupants;

    • (c) automotive explosives (for example, pyrotechnic seat belt pretensioners and modules containing pyrotechnic inflators), whether or not in their original packaging, that the competent authority of their country of origin has classified as Class 9 under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;

    • (d) explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for example, 1H-tetrazole), training kits for sniffer dogs and kits to test the functioning of machines that detect trace levels of explosives; and

    • (e) Christmas crackers containing less than 2 mg of Footnote *explosive substance.

  • Marginal note:Exemption from Explosives Act

    (2) Paragraphs 6(b) to (d) and subsections 9(2) and (3) of the Explosives Act do not apply to the explosives set out in subsection (1).

  • Marginal note:Exemption from Act

    (3) Paragraph 6(e) and section 20 of the Explosives Act do not apply to the explosives set out in paragraphs (1)(a), (b), (d) and (e).

  • Marginal note:Exemption from Act

    (4) Section 21 of the Explosives Act applies to the explosives set out in subsection (1) only in respect of the activities referred to in paragraph 6(a) of that Act, and to the explosives set out in paragraph 1(c) only in respect of the activities referred to in paragraph 6(e) of that Act.

  • Marginal note:Explosives under control of allied armed forces

    (5) Explosives that are under the control of any armed forces that are cooperating with the Canadian Forces are deemed to be under the direction or control of the Minister of National Defence.

Definition of explosive

  •  (1) For the purposes of section 2 of the Explosives Act and these Regulations, explosive includes

    • (a) an Footnote *explosive substance or Footnote *explosive article that is not Footnote *manufactured or used to produce an explosion, detonation or pyrotechnic effect but is included in Class 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations;

    • (b) any substance numbered UN 1442, AMMONIUM PERCHLORATE as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations; and

    • (c) a multi-ingredient kit that is used to manufacture an explosive.

      Note: The term explosive is defined in section 2 of the Explosives Act as “any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations”.

  • Definition of military device

    (2) For the purposes of section 2 of the Explosives Act, military device means a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, perforator and any other explosive article that is manufactured exclusively for military or law enforcement purposes.

  • Marginal note:Definitions

    (3) The following definitions apply in these Regulations.

    activity involving an explosive

    activity involving an explosive means acquiring, possessing, selling, offering for sale, storing, Footnote *manufacturing, transporting, transporting in transit, importing, exporting or delivering an Footnote *explosive or using fireworks. (activité visant un explosif)

    attended

    attended means to be constantly monitored by a person and, unless these Regulations provide otherwise, includes monitoring by a person using electronic means. (surveillé)

    compatible

    compatible means, in relation to a material, that the material

    • (a) will not react chemically with an Footnote *explosive or raw material so as to affect the functioning of the explosive or raw material or to increase the likelihood of an ignition of the explosive or raw material; and

    • (b) will not be degraded by an explosive or raw material so as to affect its function or increase the likelihood of an ignition of the explosive or raw material. (compatible)

    decontaminate

    decontaminate means to completely remove, clean or purge an Footnote *explosive substance from a building, room, area, vehicle, equipment or container. (décontamination)

    explosive article

    explosive article means an article that contains one or more Footnote *explosive substances. (objet explosif)

    explosive substance

    explosive substance means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable, by chemical reaction, of producing a gas at a temperature, pressure and speed that is capable of causing damage to surrounding structures or infrastructure. It includes a substance — or a mixture of substances — that is designed to produce an effect of heat, light, sound, gas or smoke, or a combination of such effects, by means of a non-detonative self-sustaining exothermic chemical reaction, even if the substance or mixture does not produce a gas. (matière explosive)

    industrial explosive

    industrial explosive has the same meaning as in section 213. (explosif industriel)

    local authority

    local authority means, in relation to Footnote *special effect pyrotechnics or display fireworks, the municipal, provincial or territorial organization or office that has authority to authorize their use in a locality. (autorité locale)

    manufacturing

    manufacturing has the same meaning as in section 53. (fabriquer)

    product name

    product name means the trade name or part number of an explosive, or both in the case of an explosive that has both a trade name and a part number. (nom de produit)

    pyrotechnic event

    pyrotechnic event has the same meaning as in section 361. (activité pyrotechnique)

    small arms cartridge

    small arms cartridge has the same meaning as in subsection 268(1). (cartouches pour armes de petit calibre)

    special effect pyrotechnics

    special effect pyrotechnics has the same meaning as in section 361. (pièces pyrotechnique à effets spéciaux)

    storage unit

    storage unit means a building, structure, place or container in which Footnote *explosives are stored and that is not licensed. However, it does not include a dwelling or any structure, place or container in a dwelling. (unité de stockage)

    vendor magazine licence

    vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

    vulnerable place

    vulnerable place refers to

    • (a) any building in which people live, work or assemble;

    • (b) public roads, railways and other transportation infrastructure;

    • (c) pipelines and energy transmission lines; and

    • (d) any place where a substance that increases the likelihood of a fire or explosion is likely to be stored. (lieu vulnérable)

  • Marginal note:Exception

    (4) The definition manufacturing in subsection (3) does not apply in Part 20.

  • SOR/2013-211, s. 499;
  • SOR/2016-75, s. 1.
Marginal note:Inspectors’ duties

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

Marginal note:Electronic notice

 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

 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.

Requirements

Marginal note:Age restriction

 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.

Marginal note:Requirement that explosives be authorized

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

Prohibitions

Marginal note:Prohibited explosives

 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.

  • SOR/2016-75, s. 38.
Marginal note:Sale or transfer

 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.

Marginal note:Acquisition of restricted explosive

 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.

Marginal note:Performance-diminishing substance

 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.

Marginal note:Smoking

 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.

Marginal note:Alteration of markings
  •  (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.

Marginal note:False information

 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

 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.

Marginal note:Precautionary measures

 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.

Marginal note:Limiting access to explosives

 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.

Marginal note:Use of fireworks

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

PART 3Authorization and Classification of Explosives

Marginal note:Overview

 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.

Marginal note:Chief Inspector’s delegate

 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

 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.

Application for Authorization

Marginal note:Period of authorization
  •  (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 tour or international competition involving fireworks).

Marginal note:Applicant

 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.

Marginal note:Application for indefinite period

 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).

  • SOR/2016-75, s. 2.
Marginal note:Application for specified period

 An applicant for an authorization for a specified period, if the explosive is for use other than at a 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.

  • SOR/2016-75, s. 3.
Marginal note:Application for specified period — tour or competition

 An applicant for an authorization for a specified period, if the explosive is for use at a 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 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 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.

  • SOR/2016-75, ss. 4, 39.
Marginal note:Fees

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

Authorization

Marginal note:Authorization for indefinite period
  •  (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.

Marginal note:Authorization for specified period

 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.

Marginal note:Sample required
  •  (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.

Marginal note:Notice
  •  (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.

Classification of Explosives

Marginal note:Classification of authorized explosives
  •  (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.

  • SOR/2016-75, s. 37.

Authorized Explosives

Marginal note:Changes to authorized explosive
  •  (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:Reclassification
  •  (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.

Marginal note:Cancellation of authorization

 The Chief Inspector of Explosives must cancel the authorization of an Footnote *explosive in any of the following circumstances:

  • (a) the person who obtained the authorization has not paid the applicable fee within 30 days after the date of an invoice from the Department of Natural Resources;

  • (b) periodic testing or new information reveals that the explosive can no longer be safely Footnote *manufactured, handled, stored, transported, used or destroyed;

  • (c) the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed;

  • (d) the person who obtained the authorization requests the cancellation; or

  • (e) the manufacturer is no longer in business and the Chief Inspector has reasonable grounds to believe that the explosive is no longer in any person’s possession.

Marginal note:Recall
  •  (1) If the authorization of an Footnote *explosive is cancelled because the explosive is no longer safe when Footnote *manufactured, handled, stored, transported, used or destroyed in the normal way, the Chief Inspector of Explosives must, by written notice, require any manufacturer, any importer and any seller of the explosive to recall any of the explosive that they have manufactured, imported or sold.

  • Marginal note:Bad batch or lot

    (2) If a batch or lot of explosives cannot be safely handled, stored, transported, used or destroyed because of a manufacturing defect, the Chief Inspector of Explosives must, by written notice, require the manufacturer or importer and any seller of the batch or lot to recall it.

  • Marginal note:Duties upon recall

    (3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a manner that will not increase the likelihood of an accidental ignition during or after the destruction.

List of Authorized Explosives

Marginal note:Contents of list
  •  (1) The Minister must keep an up-to-date list of all Footnote *explosives that are authorized for an indefinite period. The list must set out the following information for each explosive:

    • (a) the name of the person who obtained the authorization;

    • (b) the Footnote *product name and classification of the explosive; and

    • (c) any restrictions imposed by the Chief Inspector of Explosives.

  • Marginal note:Exception

    (2) However, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive.

  • SOR/2016-75, ss. 38, 39.
Marginal note:Removal from list

 The Minister must remove from the list of authorized explosives any Footnote *explosive for which the authorization is cancelled.

  • SOR/2016-75, s. 38.

TABLETests for Authorizing Explosives

  • 1 Tests for physical properties — including consistency, reaction rate, rate of moisture-absorption, tendency for separation, exudation, behaviour at both high and low temperatures, density and specific gravity

  • 2 Tests for chemical composition — including the determination of the percentage of each ingredient in the explosive

  • 3 Tests for stability — including the determination of the stability of the explosive by subjecting it to varying environmental conditions, such as high temperatures, that might produce spontaneous ignition of the explosive or a variation of its sensitivity

  • 4 Tests for ignition behaviour

  • 5 Tests to determine the potential for mass explosion in a fire

  • 6 Tests to determine whether ignition of an explosive article might ignite other explosive articles when stored or transported together

  • 7 Tests for mechanical sensitivity — including sensitivity to friction and impact

  • 8 Tests for sensitivity to electrostatic discharge

  • 9 Tests for sympathetic initiation and detonation

  • 10 Tests for velocity of detonation

  • 11 Tests for explosive strength

  • 12 Tests for or calculation of the composition of gases that evolve on explosion

  • 13 Performance tests

  • 14 Tests for minimum burning pressure

  • 15 Packaging tests

  • 16 Any other tests that are necessary for the purpose of authorizing an explosive

PART 4Importing and Exporting Explosives and Transporting Explosives in Transit

Marginal note:Overview

 This Part sets out

  • (a) the circumstances in which Footnote *explosives may be imported, exported or transported in transit without a permit;

  • (b) the information that a person must include in an application for a permit to import or export explosives or transport them in transit; and

  • (c) the requirements that permit holders must meet, including the information that permit holders must provide to the Chief Inspector of Explosives after explosives are imported, exported or transported in transit.

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    annual permit

    annual permit means a permit for multiple importations, exportations or transportations in transit during a one-year period. (permis annuel)

    secure storage site

    secure storage site means a site at which the Minister or a province has authorized storage of the type and quantity of explosive that is to be transported in transit. (lieu de stockage sûr)

    single use permit

    single use permit means a permit for a single importation, exportation or transportation in transit. (permis à utilisation unique)

  • Marginal note:Explosive quantity

    (2) A reference to the mass of an Footnote *explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance).

  • SOR/2013-211, s. 500;
  • SOR/2016-75, s. 38(E).

No Permit Required

Marginal note:Import, export or transport in transit

 A person may import, export or transport in transit an Footnote *explosive set out in the table to this section without a permit if the following conditions are met:

  • (a) the explosive is imported, exported or transported in transit for personal use and not for commercial purposes;

  • (b) the explosive enters or leaves Canada with the person importing or exporting it or, if the explosive is transported in transit, it remains with the person transporting it at all times; and

  • (c) in the case of Footnote *small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device; and

  • (d) the quantity of the explosive being imported, exported or transported in transit is not more than the quantity set out in the table.

    TABLE

    Column 1Column 2
    ItemExplosiveQuantity
    1Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging)6
    2Avalanche airbag systems3
    3Footnote for TABLE *Small arms cartridges5 000
    4Percussion caps (primers) for small arms cartridges5 000
    5Empty primed small arms cartridge cases5 000
    6Black powder and hazard category PE 1 black powder substitutes8 kg, in containers of 500 g or less
    7Smokeless powder and hazard category PE 3 black powder substitutes8 kg, in containers of 4 kg or less
  • SOR/2013-211, s. 501;
  • SOR/2016-75, s. 5.

Import Permits

Application

Marginal note:Application
  •  (1) An applicant for an import permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

    • (a) the applicant’s name, address, telephone number, fax number and email address;

    • (b) if the applicant has a customs broker, the broker’s name, address, telephone number, fax number and email address and the name of a contact person;

    • (c) the Footnote *product name and UN number of each Footnote *explosive to be imported;

    • (d) the quantity of each explosive to be imported or, if the application is for an annual permit, the estimated quantity of each explosive to be imported during the year;

    • (e) the purpose for which each explosive is imported (personal, industrial or commercial use, reloading, field trial or other testing, sale, consignment, Footnote *pyrotechnic event, fireworks display or other purpose);

    • (f) the name of the person who obtained the authorization of each explosive;

    • (g) the country of origin of each explosive;

    • (h) the location of the Canadian port of entry through which each explosive will pass;

    • (i) the address of the person to whom each explosive will be delivered and the location where it will be stored;

    • (j) in the case of an explosive to be stored in a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that will be stored there, the quantity of that explosive authorized by the licence to be stored;

    • (k) in the case of an explosive to be stored in a magazine owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine; and

    • (l) the date of the application.

  • Marginal note:Fees for import permit

    (2) An applicant for an import permit must pay the applicable fees set out in Part 19.

  • SOR/2016-75, ss. 6, 39.

Requirements To Be Met by Import Permit Holder

Marginal note:Quantity of explosives and packaging
  •  (1) A holder of an import permit must ensure that the following requirements are met:

    • (a) the quantity of each Footnote *explosive to be imported must not exceed the quantity of the explosive that the holder is authorized by a factory licence, a magazine licence or these Regulations to store; and

    • (b) the packaging in which each explosive is imported must conform to the description of the packaging set out in the explosive’s authorization.

  • Marginal note:Information on explosives

    (2) A holder of an import permit must ensure that the following information is displayed on each explosive to be imported:

    • (a) the name and address of the person who obtained the explosive’s authorization;

    • (b) either the date of its Footnote *manufacture and the shift during which it was manufactured, if any, or its lot number;

    • (c) its Footnote *product name; and

    • (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

  • Marginal note:Manner of displaying information

    (3) A holder of an import permit must ensure that the information

    • (a) is legibly printed on the explosive;

    • (b) is legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);

    • (c) is contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraph (a) and (b); or

    • (d) is legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

  • Marginal note:Exception

    (4) Paragraph 2(d) does not apply in the case of fireworks that are imported for use at a tour or international competition if the instructions are printed in a language understood by the person who will use the fireworks.

  • Marginal note:Information on packaging

    (5) A holder of an import permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be imported:

    • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

    • (b) the Footnote *product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

    • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

    • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

  • Marginal note:Printing deadline

    (6) A holder of an import permit must ensure that the information to be printed on an explosive and its packaging is printed on them before the explosive is distributed and in any case no later than 15 days after the date on which the explosive is released under section 31 of the Customs Act.

  • Marginal note:Report

    (7) A holder of an import permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

    • (a) the holder’s name, address, telephone number, fax number and email address;

    • (b) the holder’s permit number and its expiry date;

    • (c) the Footnote *product name and UN number of each explosive that was imported and the name of the person who obtained its authorization;

    • (d) the quantity and UN number of each type of explosive;

    • (e) the country of origin of each explosive;

    • (f) the means of transport used;

    • (g) the location of the Canadian port of entry through which each explosive passed; and

    • (h) the date of the report and the name of the person who completed the report.

  • Marginal note:Deadline — annual permit

    (8) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were imported during the year for which the permit was valid.

  • Marginal note:Deadline — single use permit

    (9) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were imported.

  • Marginal note:Exception

    (10) Subsections (7) to (9) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

  • SOR/2016-75, ss. 7, 39.

Export Permit

Application

Marginal note:Application

 An applicant for an export permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

  • (a) the applicant’s name, address, telephone number, fax number and email address;

  • (b) if the applicant has a freight forwarder, their name, address, telephone number, fax number and email address and the name of a contact person;

  • (c) the Footnote *product name and UN number of each Footnote *explosive to be exported;

  • (d) the quantity of each explosive to be exported or, if the application is for an annual permit, the estimated quantity of each explosive to be exported during the year;

  • (e) the name of the person who obtained the authorization of each explosive;

  • (f) the country of origin of each explosive;

  • (g) the location of the Canadian port of exit through which each explosive will pass;

  • (h) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;

  • (i) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;

  • (j) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and

  • (k) the date of the application.

  • SOR/2016-75, ss. 8, 39.

Requirements To Be Met by Export Permit Holder

Marginal note:Information on packaging
  •  (1) A holder of an export permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each Footnote *explosive to be exported:

    • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

    • (b) the Footnote *product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

  • Marginal note:Report

    (2) A holder of an export permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

    • (a) the holder’s name, address, telephone number, fax number and email address;

    • (b) the holder’s permit number and its expiry date;

    • (c) the Footnote *product name and UN number of each explosive that was exported and the name of the person who obtained its authorization;

    • (d) the quantity and UN number of each type of explosive that was exported;

    • (e) the country of origin of each explosive;

    • (f) the means of transport used;

    • (g) the location of the Canadian port of exit through which each explosive passed; and

    • (h) the date of the report and the name of the person who completed the report.

  • Marginal note:Deadline — annual permit

    (3) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were exported during the year for which the permit was valid.

  • Marginal note:Deadline — single use permit

    (4) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were exported.

  • Marginal note:Exception

    (5) Subsections (2) to (4) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

  • SOR/2016-75, ss. 9, 39.

In Transit Permits

Application

Marginal note:Application

 An applicant for an in transit permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

  • (a) the applicant’s name, address, telephone number, fax number and email address;

  • (b) if the applicant has a freight forwarder, their address, telephone number, fax number and email address and the name of a contact person;

  • (c) the Footnote *product name and UN number of each Footnote *explosive to be transported in transit;

  • (d) if an explosive to be transported is not on the list of authorized explosives referred to in subsection 41(1), the name or Footnote *product name of the explosive, a description of the explosive and its UN number;

  • (e) the quantity of each explosive to be transported or, if the application is for an annual permit, the estimated quantity of each explosive to be transported during the year;

  • (f) the name of the manufacturer of each explosive;

  • (g) the country of origin of each explosive;

  • (h) the anticipated dates of entry into and departure from Canada;

  • (i) the location of the Canadian port of entry and port of exit through which each explosive will pass;

  • (j) the location in Canada of secure storage sites that may be used if the transportation is interrupted and, if any of the sites is a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that might be stored there, the quantity of that explosive that is authorized by the licence to be stored;

  • (k) if any of the secure storage sites is a magazine that is owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine if an interruption in transportation occurs;

  • (l) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;

  • (m) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;

  • (n) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and

  • (o) the date of the application.

  • SOR/2016-75, s. 39.

Requirements To Be Met by In Transit Permit Holder

Marginal note:Information on packaging
  •  (1) A holder of an in transit permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each Footnote *explosive to be transported in transit:

    • (a) the name or Footnote *product name of the explosive;

    • (b) a description of the explosive;

    • (c) the UN number of the explosive; and

    • (d) the quantity to be transported.

  • Marginal note:Interruption of in transit transportation

    (2) If anything interrupts an in transit transportation of explosives, the holder of the in transit permit must ensure that the explosives are stored in a secure storage site and are Footnote *attended.

  • Marginal note:Report

    (3) A holder of an in transit permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

    • (a) the permit holder’s name, address, telephone number, fax number and email address;

    • (b) the holder’s permit number and its expiry date;

    • (c) the name or Footnote *product name, the UN number and a description of each explosive that was transported in transit; and

    • (d) the quantity and UN number of each type of explosive that was transported in transit;

    • (e) the country of origin of each explosive;

    • (f) the means of transport used;

    • (g) the location of the Canadian port of entry and port of exit through which each explosive passed; and

    • (h) the date of the report and the name of the person who completed the report.

  • Marginal note:Deadline — annual permit

    (4) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were transported in transit during the year for which the permit was valid.

  • Marginal note:Deadline — single use permit

    (5) A holder of a single use permit must submit the report within 30 days after the date on which the explosives entered Canada.

  • SOR/2016-75, s. 39.

PART 5Manufacturing Explosives

Marginal note:Overview
  •  (1) This Part sets out the rules for manufacturing Footnote *explosives. However, it does not apply to the manufacture of Footnote *small arms cartridges or black powder cartouches for personal use or to repackaging under a vendor magazine licence.

  • Marginal note:Division 1

    (2) Division 1 (sections 55 to 105) sets out how to obtain a division 1 factory licence or a satellite site certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the factory or satellite site.

  • Marginal note:Division 2

    (3) Division 2 (sections 106 to 132) sets out how to obtain a division 2 factory licence or a manufacturing certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the workplace.

  • Marginal note:Division 3

    (4) Division 3 (sections 133 to 142) sets out the manufacturing activities that do not require a factory licence or manufacturing certificate and the requirements for people who carry out those activities.

Definition of manufacturing

 In this Part, manufacturing includes the following activities:

  • (a) making or manufacturing an Footnote *explosive substance from raw material or from another explosive substance;

  • (b) making or manufacturing an Footnote *explosive article, including the assembly of an article from explosive and non-explosive components;

  • (c) altering or remaking an explosive substance or explosive article by modifying its chemical composition (for example, by gassing or blending) or by subjecting it to physical processes with the input of energy (for example, pneumatic handling, pumping, shearing or thickening);

  • (d) dividing an Footnote *explosive into its components or unmaking, breaking up or in any manner destroying it;

  • (e) packaging explosives; and

  • (f) testing an unauthorized explosive or testing an explosive to assess its potential for a use other than its authorized use.

Marginal note:Explosive quantity

 A reference to the mass of an Footnote *explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance).

DIVISION 1Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate

Interpretation

Marginal note:Definitions — sites and authorizations

 The following definitions relating to sites and authorizations apply in this Division.

client site

site client

client site means a blast site at which a mobile process unit is used to manufacture Footnote *explosives away from a factory or satellite site. (site client)

division 1 factory licence

licence de fabrique de la section 1

division 1 factory licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the manufacture of explosives at a factory. (licence de fabrique de la section 1)

satellite site

site satellite

satellite site means a site that is located away from a factory and at which explosives that are intended for use at a client site are manufactured and temporarily stored. (site satellite)

satellite site certificate

certificat de site satellite

satellite site certificate means a manufacturing certificate that is issued to the holder of a division 1 factory licence under paragraph 7(1)(c) of the Explosives Act and authorizes the manufacture of explosives at a satellite site. (certificat de site satellite)

Marginal note:Definitions — facilities

 The following definitions relating to facilities and equipment at factories, satellite sites or client sites apply in this Division.

factory magazine

poudrière de fabrique

factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique)

mobile process unit

unité de fabrication mobile

mobile process unit means a vehicle or portable machine that is used at a factory, satellite site or client site to carry out an explosives manufacturing operation. (unité de fabrication mobile)

process unit

unité de fabrication

process unit means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory. (unité de fabrication)

raw material storage facility

installation de stockage de matières premières

raw material storage facility means a facility where non-explosive raw material and packaging material are stored at a factory or satellite site. (installation de stockage de matières premières)

transport unit

unité de transport

transport unit means a vehicle or container in which Footnote *explosives or raw material are conveyed from one place to another at a factory or satellite site without using a public road. It includes a tow motor, forklift, wagon, handcart and basket, but does not include a conveyor or pipeline. (unité de transport)

Marginal note:Definitions — people

 The following definitions relating to people at factories, satellite sites or client sites apply in this Division.

competent person

personne compétente

competent person means a person who has been certified as trained in accordance with section 83. (personne compétente)

worker

travailleur

worker means a person who is at a factory or satellite site to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 1 factory licence. (travailleur)

SUBDIVISION aAuthorized Activities

Marginal note:Manufacture of explosives
  •  (1) A holder of a division 1 factory licence may manufacture Footnote *explosives if the holder complies with this section.

  • Marginal note:Type of explosive

    (2) Each explosive to be manufactured must be specified in the division 1 factory licence or a satellite site certificate.

  • Marginal note:Place of manufacture

    (3) Explosives must be manufactured at one of the following locations:

    • (a) the factory specified in the division 1 factory licence;

    • (b) a satellite site specified in a satellite site certificate; or

    • (c) a client site specified in the licence or a certificate.

  • Marginal note:Manufacturing operations and work

    (4) A manufacturing operation may be carried out in a process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate.

Marginal note:Acquisition, storage and sale of explosives
  •  (1) A holder of a division 1 factory licence may acquire and store Footnote *explosives and may sell explosives without a vendor magazine licence.

  • Marginal note:Compliance with Parts 10 to 18

    (2) A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site.

SUBDIVISION bApplication

Marginal note:Information
  •  (1) An applicant for a division 1 factory licence or a satellite site certificate must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a licence or a certificate is requested and must include the following information:

    • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

    • (b) each type of Footnote *explosive to be manufactured;

    • (c) if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end;

    • (d) the address of the factory or satellite site; and

    • (e) the name, address, telephone number, fax number and email address of a contact person at the factory or satellite site.

  • Marginal note:Plans and sketches

    (2) The application must include the following documents:

    • (a) a factory site and area plan or a satellite site and area plan that shows

      • (i) the topography of the site,

      • (ii) the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility,

      • (iii) the location of any other building or structure, and

      • (iv) the distance in metres between each process unit, factory magazine, raw material storage facility, building and structure;

      • (v) the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site,

      • (vi) each Footnote *vulnerable place within that area, and

      • (vii) the distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility;

    • (b) layout sketches, diagrams or drawings that show

      • (i) the workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility,

      • (ii) the equipment to be used in each process unit, including piping and instrumentation diagrams and equipment layout drawings, and

      • (iii) the manufacturing operations to be carried out, including process flow sheets or process schematic drawings.

  • Marginal note:Site description

    (3) The application must include the following information about the factory or satellite site:

    • (a) its geographical coordinates;

    • (b) the size of, and construction materials used for, each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning;

    • (c) a description of all site and building security features (for example, fencing, barriers and warning signs);

    • (d) a description of the principal manufacturing equipment to be used and its safety features;

    • (e) a description of each mobile process unit to be used;

    • (f) a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; and

    • (g) a description of any safety features at the site to be put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout panels, means of blast containment, barriers, alarms or pressure relief and control systems).

  • Marginal note:Client site

    (4) If the manufacture of explosives is to be carried out at a client site, the application must include the following information:

    • (a) the name, address, telephone number, fax number and email address of a contact person at the client site;

    • (b) a description of the client site;

    • (c) the distance in kilometres between the factory and the client site; and

    • (d) the distance in kilometres between any satellite site and the client site.

  • Marginal note:Explosives description

    (5) The application must include a description that sets out,

    • (a) for each explosive to be manufactured at the factory, a satellite site or a client site,

      • (i) its Footnote *product name and its UN proper shipping name,

      • (ii) the date on which the explosive was authorized or its authorization file number,

      • (iii) its UN number, and

      • (iv) its hazard category; and

    • (b) for each explosive to be stored at the factory or a satellite site,

      • (i) its UN proper shipping name,

      • (ii) its UN number, and

      • (iii) its hazard category.

  • Marginal note:Manufacturing operations description

    (6) The application must include the following information about manufacturing operations:

    • (a) a description of the operations to be carried out in each process unit and factory magazine;

    • (b) a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure;

    • (c) the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive;

    • (d) the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time;

    • (e) the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; and

    • (f) the minimum distance in metres that must be maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

  • Marginal note:Security plan

    (7) If type E, I or D explosives are to be manufactured or stored, the application must include a security plan that includes the following information:

    • (a) an assessment of the security risks resulting from the presence of the explosives at the factory, satellite site or client site;

    • (b) a description of the measures that will be taken to minimize those risks;

    • (c) a description of the procedures that will be followed to respond to security incidents; and

    • (d) a description of the procedures that will be followed to report security incidents.

  • Marginal note:List of documents

    (8) The application must include a list of the following documents, along with the dates on which they were made and the dates of any amendments:

    • (a) any environmental assessment of the factory, satellite site or client site or of the operations to be carried out there;

    • (b) the documents that set out the rules, procedures and protocols designed to ensure compliance with the Explosives Act, these Regulations and the licence, including

      • (i) operating procedures,

      • (ii) maintenance procedures,

      • (iii) training manuals,

      • (iv) emergency response plans, and

      • (v) spill contingency plans;

    • (c) if manufacturing operations are to be carried out in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry;

    • (d) if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; and

    • (e) if explosives are to be destroyed, a document that sets out the method of destruction to be used.

  • Marginal note:Identifier

    (9) Every process unit, factory magazine, raw material storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application.

  • Marginal note:Scale drawing

    (10) Every drawing, sketch or plan must be drawn to scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend.

  • SOR/2016-75, ss. 39, 40.
Marginal note:Fees

 An applicant for a division 1 factory licence or a satellite site certificate must pay the applicable fees set out in Part 19.

SUBDIVISION cRequirements for Holders of Division 1 Factory Licences

Facilities at Factories and Satellite Sites

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the requirements relating to process units, factory magazines, raw material storage facilities and transport units set out in sections 63 to 68 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Acceptable distance requirement
  •  (1) Every process unit, factory magazine and raw material storage facility must be located at an acceptable distance from surrounding structures and infrastructure and from places where people are likely to be present.

  • Marginal note:Criteria — acceptable distance

    (2) Acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of Footnote *explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.

  • Marginal note:Structural requirements

    (3) Every process unit, factory magazine and transport unit must be designed, constructed and installed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be Footnote *compatible with the explosives to be manufactured, stored or transported and with the raw material to be used.

  • Marginal note:Factory magazines

    (4) Every factory magazine must also be constructed so that it is well ventilated and resistant to theft, weather and fire.

  • Marginal note:Raw material storage facilities

    (5) Every raw material storage facility must be designed, constructed and installed to conform to good engineering practices. The construction materials must be compatible with the raw material to be stored in the facility.

  • Marginal note:Means of escape

    (6) Every process unit, factory magazine, raw material storage facility and transport unit must have a means of escape that will permit all people in the unit, magazine or facility to leave it quickly and easily in an emergency.

  • Marginal note:Lighting, electrical fixtures and wiring systems

    (7) The lighting, electrical fixtures and wiring systems that are used in a process unit, factory magazine, raw material storage facility or transport unit must not increase the likelihood of an accidental ignition.

  • Marginal note:Electrostatic hazard

    (8) Precautions that eliminate any possibility of an accidental ignition of electrostatic sensitive material (for example, grounding and control of humidity) must be taken in every process unit, factory magazine, raw material storage facility and transport unit.

  • Marginal note:Protection against lightning strikes

    (9) Every process unit or building in which a process unit is located must be protected from lightning strikes if it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm.

  • SOR/2016-75, s. 38.
Marginal note:Equipment
  •  (1) All tools, accessories and equipment that are in a process unit, factory magazine, raw material storage facility or transport unit must be designed, constructed and installed to conform to good engineering practices.

  • Marginal note:Compatibility

    (2) Every thing that is in a process unit, factory magazine, raw material storage facility or transport unit must be made from materials that are Footnote *compatible with the Footnote *explosives and raw material in the unit, magazine or facility.

  • Marginal note:Incompatible things

    (3) However, a thing that is not compatible with an explosive or raw material in a process unit, factory magazine or raw material storage facility but is required for manufacturing or maintenance (such as a cleaning fluid or solvent) may be brought into the unit, magazine or facility for immediate use. It must be removed as soon as the circumstances permit after its use unless the division 1 factory licence or satellite site certificate authorizes its storage in the unit, magazine or facility.

  • Marginal note:Control of safety-critical parameters

    (4) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

  • Marginal note:Motorized transport units

    (5) A motorized transport unit that contains explosives must be equipped with two easily accessible fire extinguishers, each with a rating of at least 4-A :40-B:C.

  • Marginal note:Open-flame device

    (6) An open-flame device, an open-element electrical appliance or a device (for example, a heat sealer) with a surface temperature above the decomposition temperature of the explosives or raw material with which it may come in contact must not be stored in a process unit unless the division 1 factory licence or satellite site certificate authorizes one to be stored in the unit.

Marginal note:Containers
  •  (1) All raw material, Footnote *explosive substances and Footnote *explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

  • Marginal note:Spills

    (2) Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit so as to eliminate any possibility of an ignition.

  • Marginal note:Foreign matter

    (3) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

  • Marginal note:Removal of explosives from process unit

    (4) All explosives and raw material must be removed from a process unit as soon as the circumstances permit after manufacturing operations are completed, unless the division 1 factory licence or satellite site certificate authorizes storage of the explosives or raw material in the unit.

  • Marginal note:Removal of explosives from transport unit

    (5) All explosives and raw material must be removed from a transport unit as soon as the circumstances permit after their transport is completed. A transport unit that contains explosives must be Footnote *attended in person. However, it may be left unattended during a thunderstorm.

  • Marginal note:Destruction of waste and contaminated material

    (6) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Decontamination

    (7) Any building or equipment that is no longer being used to manufacture explosives must be Footnote *decontaminated as soon as the circumstances permit. The building or equipment must be inspected by a supervisor to verify that it no longer contains any explosives.

Marginal note:Process unit records
  •  (1) A record must be made for each period during which a process unit operates. The record must be kept for two years after the date on which it is made and must include the following information:

    • (a) for each unit,

      • (i) the dates on which the period of its operation began and ended,

      • (ii) a short description of the Footnote *explosives, and the properties of the explosives, manufactured during the period,

      • (iii) the quantity of explosives manufactured, and

      • (iv) the maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the worker who did the work; and

    • (b) for any equipment in the unit whose malfunction could increase the likelihood of an ignition,

      • (i) the dates on which the period of its operation began and ended,

      • (ii) the manufacturing operations for which the equipment was used, and

      • (iii) the maintenance of and repairs to the equipment, the dates on which the work was carried out and the name of the person who did the work.

  • Marginal note:Decontamination records

    (2) A record must be made for each Footnote *decontamination of equipment that was used in a process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.

Marginal note:Thunderstorms
  •  (1) On the approach of and during a thunderstorm, the following procedures must be followed:

    • (a) all manufacturing operations in a process unit that can be safely shut down must be shut down;

    • (b) all entrances to any factory magazine containing Footnote *explosives must be closed;

    • (c) any transport unit containing explosives must be immediately moved to an isolated safe place; and

    • (d) all people at the factory or satellite site must be immediately moved to a safe place and, until the storm passes, must not be permitted to return.

  • Marginal note:Process units

    (2) However, any manufacturing operation in a process unit that could, if stopped, increase the likelihood of harm to people or property may be carried on during a thunderstorm until the operation can be safely shut down.

Marginal note:Maintenance
  •  (1) Every process unit, factory magazine and transport unit and all equipment that is used to manufacture Footnote *explosives must be maintained in good operating condition.

  • Marginal note:Servicing during use

    (2) Minor servicing of a process unit, factory magazine or transport unit, or of equipment that is used to manufacture explosives, may be done while the unit, magazine or equipment is in use if the following requirements are met:

    • (a) the servicing is routine and is integral to the use of the unit, magazine or equipment; and

    • (b) the servicing is done by a competent person.

  • Marginal note:Work permit

    (3) All other maintenance or repair work that is done at the factory or a satellite site in or to a process unit, factory magazine, transport unit or equipment that is used to manufacture explosives must be done by a competent person who has been issued a work permit by the licence holder.

  • Marginal note:Contents of work permit

    (4) A work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition.

  • Marginal note:Decontamination

    (5) If any transport unit or equipment at the factory or a satellite site is contaminated, it must be Footnote *decontaminated at the factory before it is taken outside the factory for maintenance, repair or disposal.

  • Marginal note:Work done outside factory or satellite site

    (6) If maintenance or repair work is done outside the factory or a satellite site on manufacturing equipment whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.

  • Marginal note:Logbook and work permits

    (7) A logbook of all maintenance and repair work done in or to every process unit, factory magazine and transport unit, and to any manufacturing equipment whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for this maintenance and repair work must also be kept for two years after the date on which the work is completed.

  • Marginal note:Progressive cavity pump logbook

    (8) For each progressive cavity pump, a separate logbook that sets out the operating history of the pump and the maintenance and repair work done to it must be kept at the factory for the life of the pump.

Signs

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the signage requirements set out in sections 70 to 72 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Signs

 A sign that warns against unauthorized entry must be posted at each entrance to a factory or satellite site in a clearly visible location. The sign must also warn of danger from Footnote *explosives and indicate the precautions that must be taken to eliminate the possibility of an accidental ignition.

Marginal note:Exterior signs — process units and factory magazines
  •  (1) On the outside of each process unit and factory magazine, a sign that sets out either the number, letter or distinctive name specified in the division 1 factory licence or satellite site certificate for that unit or magazine or the activities for which the unit or magazine is used, must be posted at each entrance in a clearly visible location.

  • Marginal note:Interior signs — process units and factory magazines

    (2) On the inside of each process unit and factory magazine, a sign that sets out the following information must be posted at the main entrance in a clearly visible location:

    • (a) the quantity of each type of Footnote *explosive and the quantity of raw material that are authorized to be in the unit or magazine at any one time;

    • (b) the number of people who are authorized to be in the unit or magazine at any one time; and

    • (c) any other conditions or restrictions specified in the licence or certificate that apply to the unit or magazine.

Marginal note:Interior signs — raw material storage facilities

 On the inside of each raw material storage facility, a sign that sets out the raw material, and the properties of the raw material, that is authorized to be stored in the facility, and the quantity of raw material that is authorized to be stored at any one time, must be posted at the main entrance in a clearly visible location. The sign must also indicate the precautions that must be taken to eliminate the possibility of an ignition of the raw materials.

Labelling

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the labelling requirements set out in section 74 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Information on explosives
  •  (1) The following information must be displayed on each Footnote *explosive that is manufactured at the factory or satellite site:

    • (a) the name and address of the person who obtained the explosive’s authorization;

    • (b) either the date of its Footnote *manufacture and the shift during which it was manufactured, if any, or its lot number;

    • (c) its Footnote *product name; and

    • (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

  • Marginal note:Manner of displaying information

    (2) The information must be

    • (a) legibly printed on the explosive;

    • (b) legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);

    • (c) contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraphs (a) and (b); or

    • (d) legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

  • Marginal note:Information on packaging

    (3) The following information must be legibly printed on the packaging, or on a label affixed to the packaging, of the explosive:

    • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

    • (b) the Footnote *product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

    • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

    • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

  • Marginal note:Information on industrial explosives

    (4) The manufacturer’s division 1 factory licence number must be printed in a legible and permanent manner on the outer packaging of every industrial explosive.

  • SOR/2016-75, ss. 10, 39.

Safety of Workers and Visitors

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the worker and visitor safety requirements set out in sections 76 to 79 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Access
  •  (1) Only people authorized by the holder of a division 1 factory licence may have access to the factory or a satellite site.

  • Marginal note:Orientation sessions

    (2) A visitor may be authorized to enter the factory or a satellite site only if they have attended an orientation session on visitor safety within the 12 months before the date on which they enter. If any of the safety procedures have changed since their last orientation session, they must attend a new session before their entry is authorized.

  • Marginal note:Visitors — general public

    (3) A visitor may be authorized to enter any part of the factory or a satellite site if they are at least 17 years old and remain under the supervision of a competent person.

Marginal note:Lists of personal protective equipment
  •  (1) Up-to-date lists of the personal protective equipment, clothing and devices that are needed to protect workers and visitors from the hazards to which they could be exposed while at the factory or a satellite site must be maintained and must be made available to all workers and visitors.

  • Marginal note:Personal protective equipment

    (2) Every worker and visitor must be required to wear the personal protective equipment, clothing and devices that are needed to protect them.

  • Marginal note:Hair, clothing and accessories

    (3) Every worker and visitor must be required to confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

  • Marginal note:Electronic devices

    (4) Every worker and visitor must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the factory or a satellite site where the device, if activated, could increase the likelihood of an ignition.

Marginal note:Performance-diminishing substance

 A worker or visitor must not be authorized to enter the factory or a satellite site if there are reasonable grounds to believe that they are under the influence of or carrying alcohol or another performance-diminishing substance. However, a worker or visitor who has taken a prescription drug may be permitted to enter if they have medical proof that the drug is needed and that it will not impede their ability to carry out their functions or to visit safely.

Marginal note:No smoking
  •  (1) Smoking must be prohibited at the factory and any satellite site.

  • Marginal note:No fire-producing devices

    (2) Fire-producing devices (for example, matches and lighters) must not be permitted in the factory or any satellite site unless they are authorized by the division 1 factory licence or satellite site certificate.

Training

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the training requirements for workers set out in sections 81 to 84 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Employees’ qualifications

 Every employee at a factory or satellite site must be required to meet the following requirements:

  • (a) they must be a competent person; or

  • (b) they must be at least 17 years old, participating in the training program referred to in section 82 and under the direct supervision of a competent person.

Marginal note:Training program
  •  (1) Every employee must be trained to carry out their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person.

  • Marginal note:Contents of training

    (2) The training must include all information necessary to ensure the security of the factory or satellite site and the safety of the employee, other people at the factory or site and the general public. It must also include a review of the Explosives Act, these Regulations and the division 1 factory licence or satellite site certificate.

Marginal note:Certification
  •  (1) A holder of a division 1 factory licence must certify as trained any employee who is at least 18 years old if

    • (a) the employee has completed the training referred to in section 82; or

    • (b) the holder has reasonable grounds to believe that the employee understands the hazards to which they could be exposed at the factory or satellite site and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the site.

  • Marginal note:Form and contents

    (2) Evidence of an employee’s certification may be either a training record or a document signed by the person who provided the training or, in the case provided for in paragraph (1)(b), by the holder of the division 1 factory licence. It must be given to the employee and record the employee’s name, the operating procedures the employee is competent to carry out and the date on which the certification will expire.

  • Marginal note:Expiry

    (3) An employee’s training certification must expire not more than five years after the date of the certification. If a change occurs in the operating procedures for which the employee was certified, the employee must be trained in the new operating procedures but the expiry date of the certification must remain the same.

  • Marginal note:Records

    (4) A training record and a record of work experience must be made and kept up to date for each employee at the factory or satellite site where they perform their duties. These records must be kept for two years after the date on which the employee’s certification expires.

Marginal note:Training and supervision

 Every worker at a factory or satellite site who is not an employee must

  • (a) be trained to carry out their work in a manner that is safe and lawful and ensures the security of the factory or satellite site; and

  • (b) remain under the supervision of a competent person while at the factory or satellite site.

Operation of the Factory or Satellite Site

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the operational requirements set out in sections 86 to 91 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Operating procedures
  •  (1) Operating procedures, including procedures to minimize the likelihood of an accidental ignition, must be put in place for every manufacturing operation.

  • Marginal note:Update of procedures

    (2) The operating procedures must be kept up to date and reviewed annually. If a manufacturing operation is to be changed, the procedures for carrying out that operation must be reviewed and modified as needed before the change is implemented.

Marginal note:Management of change
  •  (1) Before any temporary or permanent technological or organizational change to manufacturing operations is implemented, an evaluation of the risk that the change could increase the likelihood of an ignition or a security incident must be carried out and a management of change procedure must be put in place for each change that could increase the likelihood of an ignition or a security incident.

  • Marginal note:Approval of change

    (2) Each change must be approved by the holder of the division 1 factory licence before it is made.

  • Marginal note:Record

    (3) A record of each change must be kept for two years after the date on which the change is made.

Marginal note:Security plan
  •  (1) If a security plan was included in the application for a division 1 factory licence or a satellite site certificate, it must be implemented and a copy of the plan must be kept at the factory or satellite site.

  • Marginal note:Change of circumstance

    (2) The security plan must be updated to reflect any change in circumstances that could adversely affect the security of the factory or satellite site. A copy of the updated plan must be kept at the factory and satellite site and another copy must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.

  • Marginal note:Copy

    (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Marginal note:Audits
  •  (1) All operating procedures must be routinely audited. Every audit must include the following verifications:

    • (a) whether facilities and equipment are being operated and maintained in a manner that ensures the security of the factory or satellite site and minimizes the likelihood of harm to people and property; and

    • (b) whether these Regulations and the terms and conditions of the division 1 factory licence and any satellite site certificate are being complied with.

  • Marginal note:Corrections

    (2) Any deficiency found during an audit must be corrected as soon as the circumstances permit.

  • Marginal note:Record

    (3) A record of each audit must be made and the record must include a copy of the action plan to correct any deficiencies found and set out the corrections made. It must be kept for two years after the date on which the audit is conducted.

  • Marginal note:Audit procedure

    (4) A procedure must be put in place to ensure that the audits are conducted in a complete and timely manner.

Marginal note:Records
  •  (1) A record of each Footnote *explosive in the factory or at a satellite site (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,

    • (a) the Footnote *product name and a short description of the explosive and its properties;

    • (b) if the explosive was received, the quantity received and the date of reception;

    • (c) if the explosive was used to manufacture another explosive, the quantity used and the date of use;

    • (d) if the explosive was manufactured at the factory or a satellite site, the quantity manufactured and the date of manufacture;

    • (e) if the explosive was stored, the quantity stored, the magazine in which it was stored and the dates on which it was placed in and removed from the magazine;

    • (f) if the explosive was shipped from the factory or a satellite site, the quantity shipped, the date of shipment and the name and address of the person to whom it was shipped; and

    • (g) if the explosive was destroyed at the factory, the quantity destroyed and the date of destruction.

  • Marginal note:Inventory control systems

    (2) Any system used for inventory control or tracking of an explosive must not increase the likelihood of an ignition.

  • SOR/2016-75, s. 39.
Marginal note:Copy — licence and certificates
  •  (1) A copy of the division 1 factory licence and all documents referred to in the licence must be kept at the factory. A copy of the satellite site certificate and all documents referred to in the certificate must be kept at each satellite site.

  • Marginal note:Copy — this Division

    (2) A copy of this Division must be made available to workers at the factory and each satellite site.

  • Marginal note:Copy — operating procedures

    (3) A copy of the operating procedures for each process unit, factory magazine and transport unit must be kept in the unit or magazine to which they relate and must be made available to the workers.

Mobile Process Units

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the mobile process unit requirements set out in sections 93 to 100 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Structural requirements
  •  (1) Every mobile process unit must be designed and constructed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of Footnote *explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be Footnote *compatible with the explosives to be manufactured and transported and with the raw material to be used.

  • Marginal note:Means of escape

    (2) Every mobile process unit must have a means of escape that will permit all people in the unit to leave it quickly and easily in an emergency.

  • Marginal note:Equipment

    (3) All tools, equipment, hoses and hydraulic systems in or on a mobile process unit must be designed, constructed and installed to conform to good engineering practices.

  • Marginal note:Compatibility

    (4) Every thing that is in or on a mobile process unit must be made from materials that are compatible with the explosives and raw material with which they could come into contact during manufacturing operations.

  • Marginal note:Control of safety-critical parameters

    (5) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

Marginal note:Foreign matter
  •  (1) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or Footnote *explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

  • Marginal note:Loading and unloading

    (2) Explosives and raw material must not be loaded into or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown, unloading may be carried out at the location of the breakdown if the Minister is notified of the breakdown and determines that precautions that minimize the likelihood of ignition have been taken.

  • Marginal note:Loaded units to be attended

    (3) A mobile process unit that contains explosives must be Footnote *attended in person except when it is at the factory or a satellite site.

  • Marginal note:Storage — contaminated units

    (4) A mobile process unit that has not been Footnote *decontaminated must be kept at the location specified in the licence or certificate.

  • Marginal note:Tanks and hoppers

    (5) The explosives and raw material in the tanks and hoppers on a mobile process unit must be unloaded if the unit will not be used for three consecutive days. However, the fuel oil tank and prill hopper do not have to be unloaded.

  • SOR/2016-75, s. 38.
Marginal note:Unit unused
  •  (1) A mobile process unit must be cleaned if it will not be used, or has not been used, for 30 consecutive days.

  • Marginal note:Removal from service

    (2) A mobile process unit must be decontaminated before it is removed from service.

  • Marginal note:Decontamination

    (3) All decontamination of a mobile process unit must be carried out at the factory specified in the division 1 factory licence. After decontamination, a unit must be inspected by a supervisor to verify that it no longer contains any Footnote *explosives.

  • Marginal note:Destruction of waste

    (4) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

Marginal note:Operating procedures
  •  (1) Operating procedures, including procedures to minimize the likelihood of an ignition, must be put in place for every manufacturing operation to be carried out in a mobile process unit.

  • Marginal note:Copy

    (2) A copy of the operating procedures for each mobile process unit must be kept in the unit and must be made available to workers.

Marginal note:Process unit records
  •  (1) A record must be made for each period during which a mobile process unit operates. The record must be kept for two years after the date on which it is made and must include the following information:

    • (a) the dates on which the period of its operation began and ended;

    • (b) a short description of the Footnote *explosives manufactured during the period and of their properties;

    • (c) the quantity of explosives manufactured; and

    • (d) the maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the person who did the work.

  • Marginal note:Decontamination records

    (2) A record must be made for each Footnote *decontamination of equipment that is used in a mobile process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.

Marginal note:Maintenance
  •  (1) Every mobile process unit must be maintained in good operating condition.

  • Marginal note:Servicing during use

    (2) Minor servicing of a mobile process unit may be done while it is in use if the following requirements are met:

    • (a) the servicing is routine and integral to the use of the unit; and

    • (b) the servicing is done by a competent person.

  • Marginal note:Work permit

    (3) All other maintenance or repair work, if it is done at the factory, must be carried out by a competent person who has been issued a work permit by the licence holder.

  • Marginal note:Contents of work permit

    (4) A work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition.

  • Marginal note:Decontamination

    (5) A mobile process unit must be Footnote *decontaminated at the factory before it is taken outside the factory for maintenance or repair.

  • Marginal note:Work done outside factory

    (6) If maintenance or repair work is done outside the factory on manufacturing equipment that is in or on a mobile process unit and whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.

  • Marginal note:Repairs at site of breakdown

    (7) In the case of a mechanical breakdown of a vehicle used as a mobile process unit, repairs to the vehicle may be done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.

  • Marginal note:Unloading and towing

    (8) If doing the repair work could increase the likelihood of ignition, the unit must be towed to the factory for repair.

  • Marginal note:Logbook and work permits

    (9) A logbook of all maintenance and repair work done to a mobile process unit, or to any manufacturing equipment in or on the unit whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for the maintenance and repair work must also be kept for two years after the date on which the work is completed. The logbook and permits must be kept at the factory.

  • Marginal note:Progressive cavity pump logbook

    (10) For each progressive cavity pump, a separate logbook that sets out the operating history of the pump and the maintenance and repair work done to it must be kept at the factory for the life of the pump.

Marginal note:Use at client site
  •  (1) A mobile process unit may be used to Footnote *manufacture Footnote *explosives at a client site, but only if the unit and the site are both specified in the division 1 factory licence or satellite site certificate.

  • Marginal note:Manufacturing operations

    (2) All manufacturing operations at a client site must be carried out by a competent person.

  • Marginal note:Precautions

    (3) Before manufacturing operations begin, every one at the client site must be informed of the precautions that must be taken while dewatering, driving over loaded boreholes, handling charging hose and carrying out charging operations.

  • Marginal note:Hazards

    (4) Any thing or activity that could increase the likelihood of an accidental ignition must not be allowed within 15 m of a mobile process unit and its charging hose.

  • Marginal note:Performance-diminishing substance

    (5) A person must not be permitted to be within 15 m of a mobile process unit and its charging hose while the unit is operating if there are reasonable grounds to believe that the person is under the influence of or is carrying alcohol or another performance-diminishing substance. A person who has taken a prescription drug may be permitted to enter the area if they have medical proof that the drug is needed and will not impede their ability to function safely.

  • Marginal note:No smoking

    (6) A person must not be permitted to smoke within 15 m of a mobile process unit and its charging hose.

  • Marginal note:Thunderstorms

    (7) On the approach of a thunderstorm, if a mobile process unit is at the surface at a client site, all manufacturing operations in the unit must be shut down and all people in the vicinity of the unit must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return to the vicinity of the unit.

Marginal note:Packaging at satellite or client site
  •  (1) Blasting explosives in bulk that are manufactured in a mobile process unit may be packaged at a satellite or client site, but only if the explosives

    • (a) have been removed to prepare the unit for cleaning or Footnote *decontamination;

    • (b) are to be used as samples for laboratory analysis;

    • (c) have been used to calibrate the process equipment;

    • (d) are to be used to charge boreholes that the unit cannot access during its operations at a client site; or

    • (e) are to be used to charge boreholes that present unforeseen conditions rendering their use unsafe if they are left unpackaged.

  • Marginal note:Packaging

    (2) The packaging must prevent the explosives from leaking or spilling and minimize the likelihood of an accidental ignition.

SUBDIVISION dRequirements for Workers, Visitors and Other People

Factory and Satellite Site

Marginal note:Authorization to enter
  •  (1) Before entering a factory or satellite site, every worker who is not an employee and every visitor must obtain the authorization of the holder of the division 1 factory licence. A visitor must be at least 17 years old.

  • Marginal note:Visitors

    (2) While at a factory or satellite site, a visitor must remain under the supervision of a competent person.

  • Marginal note:Performance-diminishing substance

    (3) A worker or visitor who is under the influence of or is carrying alcohol or another performance-diminishing substance must not enter a factory or satellite site. However, a worker or visitor who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to carry out their functions or to visit safely.

Marginal note:Personal protective equipment
  •  (1) Every worker and visitor at a factory or satellite site must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

  • Marginal note:Hair, clothing and accessories

    (2) Every worker and visitor must confine or cover any loose hair and confine, cover or remove any loose clothing, jewelry or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

  • Marginal note:Electronic devices

    (3) Every worker and visitor must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of a factory or satellite site where the device, if activated, could increase the likelihood of an ignition.

Marginal note:Precautions
  •  (1) Every worker and visitor at a factory or satellite site must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

  • Marginal note:No smoking

    (2) Workers and visitors must not smoke at a factory or satellite site.

Marginal note:Worker qualifications

 A worker at a factory or satellite site may carry out a task only if they

  • (a) have been trained in that task and understand the hazards to which they could be exposed; or

  • (b) are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

Client Sites

Marginal note:Performance-diminishing substance
  •  (1) A person at a client site must not be within 15 m of an operating mobile process unit and its charging hose if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter the area if they have medical proof that they need the drug and that it will not impede their ability to function safely.

  • Marginal note:Hazards

    (2) A person at a client site must not be in possession of any thing, or carry out any activity, within 15 m of a mobile process unit and its charging hose if the thing or activity could increase the likelihood of an accidental ignition.

DIVISION 2Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

competent person

competent person means a person described in subsection 122(2). (personne compétente)

division 2 factory licence

division 2 factory licence means a licence that is issued by the Minister under paragraph 7(1)(a) of the Explosives Act authorizing a manufacturing activity referred to in section 53 at a workplace. (licence de fabrique de la section 2)

manufacturing certificate

manufacturing certificate means a certificate that is issued by the Minister under paragraph 7(1)(c) of the Explosives Act and authorizes an activity referred to in section 107 at a workplace. (certificat de fabrication)

worker

worker means a person who is at a workplace to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 2 factory licence. (travailleur)

workplace

workplace means a building, room or area where an activity involving the manufacture of Footnote *explosives, including their storage, is carried out. (lieu de travail)

  • SOR/2016-75, ss. 11, 38.

SUBDIVISION aAuthorized Activities

Marginal note:Authorized activities

 A holder of a division 2 factory licence or manufacturing certificate may carry out those of the following activities that are specified in the licence or certificate at a workplace specified in the licence or certificate:

  • (a) in the case of the owner of a surface mine or quarry, the blending of ammonium nitrate and fuel oil at a blast site at the mine or quarry;

  • (b) the manufacture of Footnote *small arms cartridges for sale, and the storage of up to 225 kg of Footnote *explosives contained in the cartridges and up to 75 kg of propellant powder in bulk to be used in manufacturing the cartridges;

  • (c) the manufacture of any explosives for the purpose of conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution or by a law enforcement or government agency and the storage of up to 5 kg of the manufactured explosives;

  • (d) the manufacture of any explosives for the purpose of conducting an experiment, test or analysis by a private or commercial laboratory and the storage of up to 5 kg of the manufactured explosives;

  • (e) the manufacture of consumer fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;

  • (f) the manufacture of display fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;

  • (g) the manufacture of rocket motors for personal use and the storage of up to 25 kg of manufactured rocket motors and propellant powder (combined quantity) to be used in manufacturing the motors;

  • (h) the manufacture and storage of black powder charges for ceremonial use;

  • (i) the preparation and storage of display fireworks at a location other than the site of the display;

  • (j) the mixing of non-explosive components for the purpose of manufacturing Footnote *industrial explosives at the site where they will be used;

  • (k) the preparation and packaging of assortments of explosives for the purpose of sale by a person who does not hold a vendor magazine licence; or

  • (l) any other activity relating to the manufacture and storage of explosives (for example, assembling a net-throwing device for sale, re-packing deteriorated explosives or destroying explosives).

Marginal note:Acquisition
  •  (1) A holder of a manufacturing certificate may acquire an Footnote *explosive if it is specified in the certificate and will be used to manufacture another explosive whose manufacture is authorized by the certificate.

  • Marginal note:Storage

    (2) A holder of a division 2 factory licence or manufacturing certificate that authorizes the storage of an explosive must comply with the terms and conditions of the licence or certificate. The holder must also comply with the provisions that apply to storage in Parts 10 to 18. However, they are not required to comply with those provisions if the explosive is stored at the workplace.

  • Marginal note:Sale

    (3) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of an explosive for sale may sell that explosive. The holder must comply with the terms and conditions of the licence or certificate and with the provisions that apply to sale in Parts 10 to 18.

  • Marginal note:Use

    (4) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of fireworks must comply with the provisions that apply to the use of fireworks in Parts 16 to 18.

SUBDIVISION bApplication

Marginal note:Application for licence or certificate
  •  (1) An applicant for a division 2 factory licence or a manufacturing certificate must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether the application is for a licence or a certificate and must include the following information:

    • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

    • (b) the type of Footnote *explosive, and the quantity, to be manufactured or stored;

    • (c) if the application is for a certificate, the period for which the certificate is requested;

    • (d) a description of the workplace, all equipment in the workplace that is related to the manufacture of explosives and all protective barriers in the workplace;

    • (e) a description of all equipment in the workplace that is not related to the manufacture of explosives, but could increase the likelihood of an ignition; and

    • (f) the number of people authorized in the workplace when explosives are present.

  • Marginal note:Site plan

    (2) The application must include a site plan that shows

    • (a) the location of the workplace within any building or structure;

    • (b) the topography of any outdoor area included in the workplace;

    • (c) the location of the barriers and equipment described in paragraphs (1)(d) and (e); and

    • (d) the distance in metres between the barriers and equipment described in paragraphs (1)(d) and (e).

    • (e) the location of the workplace within the locality;

    • (f) the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site;

    • (g) each Footnote *vulnerable place within that area; and

    • (h) the distance in metres between the workplace and each vulnerable place.

  • Marginal note:Fees

    (3) The applicant for a division 2 factory licence or a manufacturing certificate must pay the applicable fees set out in Part 19.

SUBDIVISION cRequirements for Holders

Workplace

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to the workplace set out in sections 111 to 115 are met in the workplace.

Marginal note:Means of escape
  •  (1) The workplace must have a means of escape that will permit all people in the workplace to leave it quickly and easily in an emergency.

  • Marginal note:Lighting, electrical and heating systems

    (2) The lighting, electrical and heating systems that are used in the workplace must not increase the likelihood of an ignition.

Marginal note:Compatibility
  •  (1) Every thing that is in a workplace must be made from materials that are Footnote *compatible with the Footnote *explosives and raw material in the workplace.

  • Marginal note:Incompatible things

    (2) However, a thing that is not compatible with an explosive or raw material in the workplace but is required for manufacturing may be brought to the workplace for immediate use. It must be removed as soon as the circumstances permit after its use, unless the division 2 factory licence or manufacturing certificate authorizes its storage in the workplace.

  • Marginal note:Open-flame device

    (3) An open-flame device or open-element electrical appliance must not be stored in a part of the workplace where explosives are being manufactured.

Marginal note:Activities prohibited
  •  (1) When Footnote *explosives are being manufactured or stored at a workplace, no other activities may be carried out there.

  • Marginal note:Competent person

    (2) All manufacturing operations at the workplace must be carried out by a competent person.

  • Marginal note:Condition of workplace

    (3) The workplace must be kept clean, dry and organized. Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit to eliminate any possibility of an ignition.

  • Marginal note:Foreign matter

    (4) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing begins.

  • Marginal note:Containers

    (5) All raw material, Footnote *explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

  • Marginal note:Disposal of waste and contaminated material

    (6) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Removal of explosives

    (7) Unless the division 2 factory licence or manufacturing certificate provides otherwise, explosives must be removed as soon as the circumstances permit after they are manufactured from the part of the workplace where they were manufactured to the part of the workplace where they will be stored.

  • Marginal note:Decontamination

    (8) A workplace that is no longer being used to manufacture explosives must be Footnote *decontaminated as soon as the circumstances permit. Contaminated equipment at the workplace must be decontaminated before it is removed.

  • Marginal note:Thunderstorms

    (9) On the approach of a thunderstorm, all manufacturing operations in the workplace must be shut down and all people in the workplace must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return.

Marginal note:Maintenance
  •  (1) Maintenance and repair work done at or to a workplace, or to equipment in it, must be carried out by a competent person.

  • Marginal note:Hazardous work

    (2) Any work that involves the use of a device that produces heat, flame or sparks or involves grinding or impact must be done in a manner that does not increase the likelihood of an ignition.

Marginal note:Warning sign

 A sign that warns against unauthorized entry must be posted at each entrance to the workplace.

Labelling

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the labelling requirements set out in section 117 are met at the workplace.

Marginal note:Information displayed on explosives
  •  (1) The following information must be legibly printed on each Footnote *explosive that is manufactured in the workshop, or if that is not possible, on a label affixed to the explosive or, if even that is not possible, on the packaging containing the explosive or a label affixed to its packaging:

    • (a) the Footnote *product name of the explosive and the name and address of the person who obtained its authorization;

    • (b) the date on which the explosive was manufactured and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured; and

    • (c) instructions, in both English and French, for its safe handling, storage, use and destruction.

  • Marginal note:Information on packaging

    (2) The following information must be legibly printed on the packaging containing the explosive or on a label affixed to its packaging:

    • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Reloaded Cartridges/Cartouches rechargées”, as the case may be, on the outer packaging and any inner packaging;

    • (b) the Footnote *product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

    • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

    • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

  • SOR/2016-75, ss. 12, 39.

Safety of People at the Workplace

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to personal safety set out in sections 119 and 120 are met at the workplace.

Marginal note:Supervision

 Every person at a workplace, other than a worker, must be kept under the direct supervision of a competent person at all times.

Marginal note:Personal protective equipment
  •  (1) Every person at a workplace must be required to wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

  • Marginal note:Hair, clothing and accessories

    (2) Every person at a workplace must be required to confine or cover any loose hair and to confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.

  • Marginal note:Electronic devices

    (3) Every person at a workplace must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.

  • Marginal note:Performance-diminishing substance

    (4) A person must not be authorized to enter the workplace if there are reasonable grounds to believe that they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may be authorized to enter if they have medical proof that the drug is needed and that it will not impede their ability to function safely.

  • Marginal note:No smoking

    (5) Smoking must be prohibited in the workplace.

  • Marginal note:No fire-producing devices

    (6) Fire-producing devices (for example, matches and lighters) must not be permitted in the workplace unless they are authorized by the division 2 factory licence or manufacturing certificate.

Knowledge of the Workplace

Marginal note:Responsibilities of certificate holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace.

Marginal note:Qualifications
  •  (1) A person must not be permitted to manufacture Footnote *explosives at a workplace unless they meet the following requirements:

    • (a) they are a competent person; or

    • (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

  • Marginal note:Competent person

    (2) A competent person is a person who meets the following requirements:

    • (a) they are at least 18 years old; and

    • (b) the holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace.

Marginal note:Record

 A training record and a record of work experience must be kept for each worker for two years after the date on which it is made.

Marginal note:Knowledge

 A holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace:

  • (a) the provisions of the Explosives Act and these Regulations;

  • (b) the terms and conditions of the licence or certificate, including the maximum quantity of Footnote *explosives and raw material and the maximum number of people authorized to be in the workplace at any one time;

  • (c) all safety rules respecting the manufacture of explosives at the workplace;

  • (d) the personal protective equipment that is needed to protect people from the hazards to which they could be exposed;

  • (e) all emergency plans for the workplace, including the evacuation plan;

  • (f) the hazards of, and safe handling practices for, the explosives and raw material at the workplace;

  • (g) the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility;

  • (h) the operation of the equipment at the workplace;

  • (i) the maintenance and repair of the equipment, including Footnote *decontamination; and

  • (j) procedures for inspecting the workplace or equipment after maintenance and repair work has been done.

Management of the Workplace

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace.

Marginal note:Operating procedures

 Operating procedures must be put in place for each of the following:

  • (a) every activity specified in the division 2 factory licence or manufacturing certificate;

  • (b) the destruction of Footnote *explosives, explosives waste and explosives-contaminated material;

  • (c) the management of spills and their clean-up;

  • (d) the response to emergency situations;

  • (e) the Footnote *decontamination of the workplace and all tools and equipment.

Marginal note:Records

 A record of each Footnote *explosive in the workplace (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,

  • (a) the Footnote *product name and a short description of the explosive and its properties;

  • (b) if the explosive was received, the quantity received and the date of reception;

  • (c) if the explosive was used to manufacture an explosive, the quantity used and the date of use;

  • (d) if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture;

  • (e) if the explosive was stored, the quantity stored, the place in which it was stored and the dates on which it was placed in and removed from storage;

  • (f) if the explosive was shipped from the workplace, the quantity shipped, the date of shipment and the address of the person to whom it was shipped; and

  • (g) if the explosive was destroyed at the workplace, the quantity destroyed and the date of destruction.

  • SOR/2016-75, s. 39.
Marginal note:Copy — licence or certificate
  •  (1) A copy of the division 2 factory licence or the manufacturing certificate and all documents that are referred to in the licence or certificate must be kept at the workplace.

  • Marginal note:Copy — Division 2

    (2) A copy of this Division must be made available to workers at the workplace.

SUBDIVISION dRequirements for People at a Workplace

Marginal note:Visitors
  •  (1) Before entering, a visitor to a workplace must obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times.

  • Marginal note:Performance-diminishing substance

    (2) A person must not enter a workplace if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to function safely.

Marginal note:Personal protective equipment
  •  (1) Every person at a workplace must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

  • Marginal note:Hair, clothing and accessories

    (2) Every person at a workplace must confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.

  • Marginal note:Electronic devices

    (3) Every person must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.

Marginal note:No smoking

 A person must not smoke at a workplace.

Marginal note:Qualifications
  •  (1) A person must not manufacture Footnote *explosives at a workplace unless they meet the following requirements:

    • (a) they are a competent person; or

    • (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

  • Marginal note:Other tasks

    (2) A person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

DIVISION 3Manufacturing that Does Not Require a Licence or Certificate

Marginal note:Restriction

 A person who manufactures an Footnote *explosive under the authority of this Division must comply with Parts 10 to 18.

Marginal note:Experiments
  •  (1) A school, college, university or other learning institution, or a law enforcement or government agency, that complies with subsection (2) may manufacture up to 50 g of Footnote *explosives for the purposes of an experiment, demonstration, test or analysis.

  • Marginal note:Requirements

    (2) The institution or agency must ensure that the following requirements are met:

    • (a) the manufacturing must be carried out with the consent of the management of the institution or agency by one of its employees or by a person who is at all times under the direct supervision of an employee;

    • (b) the employee must know how to carry out the manufacturing in a manner that minimizes the likelihood of harm to people and property and be aware of the precautions that must be taken to minimize the likelihood of harm to people and property;

    • (c) every person who carries out the manufacturing must be at least 18 years old;

    • (d) precautions that will eliminate any possibility of an accidental ignition must be taken;

    • (e) explosives must not be removed from the location where they are manufactured except for the purpose of destroying them; and

    • (f) all explosives must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

Marginal note:Assembling explosives for use
  •  (1) A person who complies with subsection (2) may assemble Footnote *explosives by combining Footnote *explosive articles (for example, a detonator with a booster, a detonating cord with an explosive cartridge or fireworks with fireworks accessories) at the place where the explosives will be used.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosive articles must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the explosive articles must not be altered, except that cartridges may be cut or slit and detonating cord and fuses may be cut or trimmed; and

    • (c) precautions that minimize the likelihood of an accidental ignition must be taken.

Marginal note:Underground activities
  •  (1) A person who complies with subsection (2) may carry out any of the following activities underground at an underground mine or underground construction project:

    • (a) pneumatically transferring Footnote *explosives;

    • (b) pumping, thickening or gassing either emulsion explosives or water gel explosives while charging boreholes; or

    • (c) blending emulsion explosives or water gel explosives with ammonium nitrate or ammonium nitrate/fuel oil mixtures while charging boreholes.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the equipment used to pump, thicken, gas or blend emulsion explosives or water gel explosives must be designed to minimize the likelihood of an ignition, including an ignition resulting from pumping against a blocked outlet or from running the pump without any feed;

    • (c) all progressive cavity pumps must be equipped with at least two independent safety shutdown systems to prevent an excessive rise in temperature;

    • (d) if the person is assisted by another person, the other person must be trained to operate the equipment;

    • (e) a preventive maintenance procedure must be put in place for the equipment, including the pumps;

    • (f) maintenance must be performed by workers who are knowledgeable about the equipment to be maintained; and

    • (g) precautions that minimize the likelihood of an ignition must be taken.

Marginal note:Pneumatic transfer of explosives
  •  (1) A person who complies with subsection (2) may pneumatically transfer Footnote *explosives at a surface mine or a quarry.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the device used for pneumatic charging must have a maximum capacity of 100 kg and the explosives used in the pneumatic charging must be in bags, each with a maximum capacity of 30 kg; and

    • (c) precautions that minimize the likelihood of an ignition must be taken.

Marginal note:Multi-ingredient kits
  •  (1) A person who complies with subsection (2) may mix together the ingredients of a multi-ingredient kit.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the kit must be on the list of authorized Footnote *explosives referred to in subsection 41(1);

    • (b) the mixing must be carried out at the place where the explosive to be manufactured will be used;

    • (c) precautions that minimize the likelihood of an ignition must be taken;

    • (d) if the explosive to be manufactured is classified as type F.3, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician; and

    • (e) if the explosive to be manufactured is a special purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician or a licence issued under the Firearms Act.

      Note: Section 10 provides that a person must be at least 18 years old to carry out an Footnote *activity involving an explosive.

Marginal note:Spills or accidents
  •  (1) A person who complies with subsection (2) may remove Footnote *explosives from, or repackage explosives at, the site of an accident or spill.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) precautions that minimize the likelihood of an ignition must be taken;

    • (b) any packaging used must prevent the explosives involved from leaking or spilling and minimize the likelihood of an accidental ignition; and

    • (c) the Chief Inspector of Explosives must be notified of the accident or spill within 12 hours after the removal or repackaging begins.

Marginal note:Emergency response assistance plan
  •  (1) A person who complies with subsection (2) may pump Footnote *explosives numbered UN 0332 and classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) written permission must be obtained from a holder of a division 1 factory licence that authorizes the manufacture of blasting explosives in bulk to store the pumped explosives at the holder’s factory and to Footnote *decontaminate the pumping equipment there;

    • (b) an air-powered diaphragm pump that is safe for pumping the explosives must be used;

    • (c) the explosives and contaminated equipment must be stored at the factory; and

    • (d) a copy of the follow-up report that is required under section 8.3 of the Transportation of Dangerous Goods Regulations must be submitted to the Chief Inspector of Explosives within 30 days after the date on which the explosives are pumped.

Marginal note:Industrial explosives
  •  (1) A person who complies with subsection (2) may destroy deteriorated, expired or misfired Footnote *industrial explosives by placing them in a borehole with other Footnote *explosives and igniting the other explosives.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosives to be destroyed and the other explosives must have similar properties (for example, similar density and propensity to detonate); and

    • (b) the presence of the other explosives at the time of the ignition must not increase the likelihood of harm to people or property.

Marginal note:Destruction

 A government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an Footnote *explosive if it does so in the course of its duties.

PART 6Magazine Licences and Storage in a Licensed Magazine

Marginal note:Overview

 This Part sets out how to obtain a vendor magazine licence, a user magazine licence or a user magazine zone licence. It also sets out the rules applicable to holders of these licences.

Marginal note:Definitions

 The following definitions apply in this Part.

distribution establishment

distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. (établissement de distribution)

magazine site

magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. (site de poudrière)

retail establishment

retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. (établissement de vente au détail)

user magazine licence

user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. (licence de poudriére (utilisateur))

user magazine zone licence

user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. (licence de poudrière (utilisateur-zone))

vendor magazine licence

vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. (licence de poudrière (vendeur))

  • SOR/2016-75, s. 13.

Application

Marginal note:Application for magazine licence
  •  (1) An applicant for a magazine licence must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a vendor magazine licence, a user magazine licence or a user magazine zone licence is requested and must include the following information:

    • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

    • (b) the address and geographical coordinates of the magazine site;

    • (c) the number of magazines for which the licence is requested;

    • (d) the quantity of each type of Footnote *explosive to be stored in each magazine;

    • (e) if the application is for a vendor magazine licence, an indication of whether the site will be a retail establishment or a distribution establishment; and

    • (f) if the site will be a distribution establishment, an indication of whether explosives will be repackaged there.

  • Marginal note:Site plan

    (2) The application must include the following documents:

    • (a) a plan of the magazine site that shows

      • (i) the location of each magazine and each Footnote *vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, and

      • (ii) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and

    • (b) if one or more magazines occupies only a part of a building or structure, a drawing that shows the location of each magazine in the building or structure and the location of each entrance to and exit from the room or area in which each magazine is located and to which the public has access.

  • Marginal note:Site description

    (3) The application must include the following information about the site:

    • (a) a description of the proposed use of the site and the proposed use of each building and structure at the site;

    • (b) the distance in metres between each magazine and any potential source of ignition at the site;

    • (c) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;

    • (d) the minimum distance in metres that must be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time;

    • (e) a description of the safety and security features of the site (for example, signs, alarm systems, barriers, fencing and berms); and

    • (f) for each magazine at the site,

      • (i) the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources,

      • (ii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time or, if the magazine does not correspond to any of those types, its specifications, including its construction materials and its safety and security features, and

      • (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 m.

  • Marginal note:Fire safety plan

    (4) The application must include a fire safety plan that sets out

    • (a) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire;

    • (b) the emergency procedures to be followed in case of a fire, including

      • (i) activation of the alarms,

      • (ii) notification of the fire department, and

      • (iii) evacuation procedures, including evacuation routes and safe assembly places;

    • (c) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought; and

    • (d) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan.

  • Marginal note:Site security plan

    (5) If type E, I or D explosives are to be stored at the site, the application must include a security plan that includes

    • (a) an assessment of the security risks resulting from the presence of explosives at the site;

    • (b) a description of the measures to be taken to minimize those risks;

    • (c) a description of the procedures to be followed in response to security incidents; and

    • (d) a description of the procedures to be followed to report security incidents.

  • Marginal note:Marine flare destruction plan

    (6) If the site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, the application must include a plan for destroying expired marine flares that are returned to the site. The plan must set out where and how the marine flares will be stored and destroyed.

  • Marginal note:Identifier

    (7) Every magazine and vulnerable place that is shown on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description.

  • Marginal note:Scale drawing

    (8) Every drawing or plan must be drawn to scale or be a reasonable approximation of actual distances and dimensions and must include a legend.

  • Marginal note:Initial site

    (9) If the application is for a user magazine zone licence, the requirements of subsections (1) to (8) apply to the initial magazine site.

  • Marginal note:Fees

    (10) An applicant for a magazine licence must pay the applicable fees set out in Part 19.

  • SOR/2016-75, ss. 40, 41.

Requirements for Holders of Magazine Licences

Marginal note:Responsibilities of licence holder

 A holder of a magazine licence must ensure that the requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.

Marginal note:Acceptable distance requirement
  •  (1) Every magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present.

  • Marginal note:Criteria — acceptable distance

    (2) In the case of a vendor magazine licence and a user magazine licence, acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of Footnote *explosives to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.

  • Marginal note:Criterion — user magazine zone licence

    (3) In the case of a user magazine zone licence, acceptable distance is the minimum distance in metres to be maintained between each magazine at the site and each Footnote *vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

  • SOR/2016-75, ss. 38, 40.
Marginal note:Structural requirements

 Every magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of Footnote *explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise.

Marginal note:Authorized storage
  •  (1) An Footnote *explosive may be stored in a magazine only if the licence authorizes the storage of that explosive in that magazine.

  • Marginal note:Other materials and equipment

    (2) Materials and equipment may be brought into or stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition.

Marginal note:Stacking
  •  (1) Packages and containers of Footnote *explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

  • Marginal note:Prohibited use of packages

    (2) Packages and containers of explosives must not be used as supports for conveyors or ramps.

  • Marginal note:Air circulation

    (3) There must be enough space between the stacks of explosives, the walls, the ceiling and the ventilation openings to permit air circulation.

  • Marginal note:Opening packages

    (4) Packages or containers that are made from wood or have metal fasteners or strapping must not be opened in a magazine. Other packages or containers may be opened in a magazine for inspection or to remove explosives, but they must be opened one at a time.

  • Marginal note:Opened packages

    (5) Any package or container of explosives that has been opened outside a magazine must be dry, clean and free of grit and other contamination before it is taken into the magazine.

Marginal note:Fire prevention
  •  (1) Precautions must be taken that minimize the likelihood of fire in or near a magazine.

  • Marginal note:No smoking

    (2) Smoking must be prohibited in a magazine.

  • Marginal note:Thunderstorms

    (3) On the approach of a thunderstorm, all people in a magazine must be immediately moved to a safe place and until the storm passes must not be permitted to return.

Marginal note:Prohibited activities

 The following activities must not be carried out inside a magazine unless the magazine licence authorizes them to be carried out there:

  • (a) packing or repacking Footnote *explosives;

  • (b) adding a detonator to, or inserting a detonator in, an explosive;

  • (c) assembling explosive components;

  • (d) uncoiling the leg wires of, or removing the shunt from, an electric detonator or an electric initiator;

  • (e) opening a package or container of explosives to expose an Footnote *explosive substance; or

  • (f) stripping, cutting or slitting the wrapping of an Footnote *explosive article to expose an explosive substance.

Marginal note:Unlocked magazine
  •  (1) A magazine must be Footnote *attended in person when it is unlocked.

  • Marginal note:Key control plan

    (2) A key control plan that includes the following requirements must be put in place for each magazine:

    • (a) every key to the magazine must be numbered;

    • (b) a person may have possession of a key to the magazine only if they are named in the plan;

    • (c) the number of people named in the plan must not exceed the number necessary for the operation of the magazine;

    • (d) each key must be kept in a locked and secure location when it is not in the possession of a person named in the plan; and

    • (e) in the case of an Footnote *industrial explosive or a type D explosive, the lock on the magazine must be of a type for which keys can be obtained only from the lock’s manufacturer or a certified locksmith designated by the manufacturer.

  • Marginal note:Change of circumstances

    (3) The plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site.

  • Marginal note:Lost or stolen key

    (4) If a key is lost or stolen, the lock must be immediately replaced.

  • SOR/2016-75, s. 14.
Marginal note:Fire safety plan
  •  (1) A copy of the fire safety plan included in the licence application must be sent to the local fire department and made available to employees.

  • Marginal note:Change of circumstances

    (2) The plan must be updated to reflect any change in circumstances that could adversely affect the safety of the site. A copy of the updated plan must be sent to the local fire department as soon as the circumstances permit.

Marginal note:Site security plan
  •  (1) If a site security plan is included in the licence application, it must be implemented.

  • Marginal note:Change of circumstances

    (2) The plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site. A copy of the updated plan must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.

  • Marginal note:Copy of plan

    (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Marginal note:Storage record

 A record for each magazine must be kept for two years after the date on which it is made. The record must include

  • (a) each type of Footnote *explosive that is stored;

  • (b) the quantity of each type of explosive that is stored; and

  • (c) the dates on which each explosive was placed in and removed from the magazine.

Marginal note:Maintenance of magazine
  •  (1) A magazine must be kept clean, dry and organized. Any spill, leakage or other contamination must be cleaned up immediately.

  • Marginal note:Combustible material

    (2) A magazine must be kept free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might spontaneously combust.

  • Marginal note:Lighting, electrical fixtures and wiring

    (3) The lighting (including portable lighting), electrical fixtures and wiring systems that are used in a magazine must not increase the likelihood of an ignition. All portable lighting must be impact-resistant.

Marginal note:Repairs to magazine
  •  (1) Before any repair work that could increase the likelihood of an ignition begins in or on a magazine, the Footnote *explosives in the magazine must be either

    • (a) put into another magazine; or

    • (b) taken to a location where the presence of the explosives will not increase the likelihood of harm to people or property, the explosives are protected from weather and the repair work will not cause an ignition.

  • Marginal note:Attendance of explosives

    (2) Any explosives that are not put into another magazine must be Footnote *attended in person.

  • Marginal note:Putting explosives back

    (3) Explosives must not be returned to a magazine until the repairs to the magazine no longer increase the likelihood of an ignition.

  • SOR/2016-75, s. 15.
Marginal note:Interior sign

 A sign that indicates the type of Footnote *explosives, and the maximum quantity of each type, that may be stored in the magazine, as specified in the licence, must be posted inside every magazine in a clearly visible location.

Marginal note:Deteriorated explosives
  •  (1) The Footnote *explosives in a magazine must be checked regularly for signs of deterioration and to ensure that the manufacturer’s expiry date has not passed.

  • Marginal note:Marking

    (2) Every deteriorated, expired or misfired explosive must be clearly marked “Deteriorated/Détérioré” or “Expired/Périmé” or “Misfired/Raté”, as the case may be.

  • Marginal note:Destruction of deteriorated, expired or misfired explosives

    (3) Explosives that have deteriorated, expired or misfired must be safely destroyed as soon as the circumstances permit. However, explosives that have deteriorated to the extent that they are unstable or in a very dangerous condition must be destroyed immediately in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Authorization required

    (4) Subsection (3) does not authorize a person to destroy deteriorated, expired or misfired explosives. The destruction must be authorized by these Regulations or otherwise under the Explosives Act.

  • Marginal note:Storage until destruction — normal hazard

    (5) A deteriorated, expired or misfired explosive may be stored in a magazine with other Footnote *compatible explosives if the storage would not increase the likelihood of an ignition.

  • Marginal note:Storage until destruction — more than normal hazard

    (6) A deteriorated, expired or misfired explosive must be stored in a magazine that does not contain other explosives if storing it with other explosives could increase the likelihood of an ignition.

Marginal note:Person in possession of key

 A person who is in possession of a key that is subject to a key control plan referred to in subsection 153(2) must not duplicate the key. After using it, the person must return the key to a locked location to which access is controlled.

Requirements for Holders of User Magazine Zone Licences

Marginal note:Notice of change of site
  •  (1) When the storage of explosives that is authorized by a user magazine zone licence is moved to a new site, within 24 hours after the move the holder of the licence must complete, sign and send a notice of change of site, in the form provided by the Department of Natural Resources, to the Minister, to the police force in the locality of the previous site and to the police force in the locality of the new site. The notice must be dated and include the following information:

    • (a) the name, address, telephone and cellphone number, fax number and email address of both the licence holder and a contact person;

    • (b) the holder’s licence number and its expiry date;

    • (c) the name, telephone number and cellphone number of the person who is responsible for the new site;

    • (d) the date on which the storage of explosives began at the new site;

    • (e) the geographic coordinates of the previous and new sites;

    • (f) the directions by road to the new site;

    • (g) the safety and security features of the new site (for example, signs, alarm systems, barriers, fencing and berms); and

    • (h) a list of the magazines to be used at the new site that sets out

      • (i) in the case of a magazine that has been moved, its number, letter or distinctive name as shown on the previous site plan,

      • (ii) its tag number, if any,

      • (iii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time, and

      • (iv) each type of Footnote *explosive, and the quantity of each type, to be stored.

  • Marginal note:Site plan

    (2) The notice must include a site plan that shows

    • (a) the location of each magazine and each Footnote *vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored;

    • (b) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and

    • (c) the minimum distance in metres to be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances, as amended from time to time.

  • SOR/2016-75, ss. 16, 41, 42(E), 43(F).
Marginal note:Copy of licence and notice

 The holder must ensure that a copy of the user magazine zone licence and of the notice are posted in each magazine.

  • SOR/2016-75, s. 17(F).

PART 7Provisions of General Application

Marginal note:Overview

 This Part sets out certain terms and conditions that apply to holders of the documents (licences, permits and certificates) issued by the Minister under section 7 of the Explosives Act. It also sets out the procedures for changing or renewing these documents and provides for their suspension and cancellation.

  • SOR/2016-75, s. 38.

Terms and Conditions

Marginal note:Authorized activities
  •  (1) A holder of a licence, permit or certificate may carry out any Footnote *activity involving an explosive that is authorized by the document and must do so in the manner specified in it.

  • Marginal note:Responsibility of holder

    (2) The holder must ensure that their employees and other workers carry out the activities authorized by the document in the manner specified in it.

Marginal note:Presentation of licence, permit or certificate

 A holder of a licence, permit or certificate must present their document for review at the request of a peace officer.

Marginal note:Fire
  •  (1) A holder of a licence, permit or certificate must immediately inform the local fire department of any fire that involves an Footnote *explosive under their control.

  • Marginal note:Incidents

    (2) A holder of a licence, permit or certificate must inform an inspector as soon as the circumstances permit of any of the following incidents that involves an explosive under their control:

    • (a) the theft, attempted theft or loss of an explosive;

    • (b) a fire, spill or accidental explosion;

    • (c) an injury or death; or

    • (d) any accidental property damage.

  • Marginal note:Report

    (3) The holder must provide the Chief Inspector of Explosives with a detailed follow-up report about the incident as soon as the circumstances permit. The report must include the likely cause of the incident and the steps that the holder will take to prevent such an incident from happening again.

Marginal note:Destruction of explosives

 A holder of a licence, permit or certificate who has not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the Footnote *explosives under their control

  • (a) are destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction;

  • (b) are returned to the person from whom they were bought; or

  • (c) are delivered to a holder of a factory licence that authorizes storage of those explosives.

Marginal note:Decommissioning plan — factory
  •  (1) Before decommissioning a factory, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister.

  • Marginal note:Decommissioning plan — magazine

    (2) Before decommissioning a workplace or magazine, a holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decomissioning plan to the Minister if the workplace or magazine contains any Footnote *explosive residue.

  • Marginal note:Contents of plan

    (3) A decommissioning plan must include a description of the safety measures that the holder will take to minimize the likelihood of harm to people or property during and after the decommissioning.

  • Marginal note:Additional safety measures

    (4) The Minister may require the holder to implement additional safety measures that are necessary to minimize the likelihood of harm to people or property.

  • Marginal note:Responsibility of holder

    (5) The holder must implement the decommissioning plan and ensure that the factory, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the factory or magazine is decommissioned. They must inform the Minister when the decommissioning is complete.

  • SOR/2016-75, ss. 38, 44(F).
Marginal note:Annual report
  •  (1) For any calendar year during which a holder of a factory licence, an import or export permit or a manufacturing certificate carries out an Footnote *activity involving an explosive, the holder must submit a report to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The report must include, for each explosive,

    • (a) its UN number;

    • (b) for each UN number, the quantity of explosive that was acquired, Footnote *manufactured, imported, exported, used, sold, lost, stolen or destroyed during the calendar year; and

    • (c) the quantity of each explosive in the holder’s inventory on December 31 of the calendar year or, if the holder ceased operations during the year, on the date on which operations ceased.

  • Marginal note:Submission

    (2) The report must be submitted

    • (a) when the holder applies to renew their licence, permit or certificate, if the application for renewal is between the end of the calendar year and March 31 of the following year; or

    • (b) on or before March 31 of the year following the calendar year if the holder has not applied for a renewal before that day.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

  • SOR/2016-75, s. 18.
Marginal note:Suspension of activity

 A licence holder who intends to suspend an activity for which their licence was issued must, no later than 14 days before the date on which the suspension is to begin, give the Minister written notice of the date of suspension and the anticipated date, if any, for resuming the activity.

  • SOR/2016-75, s. 38.

Amendment and Renewal

Marginal note:Amendment or renewal with amendment
  •  (1) An applicant for an amendment of a licence, permit or certificate, or for a renewal with amendment, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether the amendment requested is to a licence, a permit or a certificate and must include the following information:

    • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

    • (b) the number of the applicant’s licence, permit or certificate;

    • (c) the amendment requested; and

    • (d) all the information that differs from that provided in the previous application.

  • Marginal note:Renewal without amendment

    (2) An applicant for a renewal without amendment of a licence, permit or certificate 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 both the applicant and a contact person; and

    • (b) the number of the applicant’s licence, permit or certificate.

  • Marginal note:Exception

    (3) Despite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109.

  • Marginal note:Fees

    (4) An applicant must pay the applicable fees set out in Part 19.

Suspension and Cancellation

Marginal note:Suspension
  •  (1) The Chief Inspector of Explosives may suspend a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act, these Regulations or any term or condition of the document. The suspension continues until the measures required to bring the holder into compliance are taken.

  • Marginal note:Cancellation

    (2) The Chief Inspector may cancel a licence, permit or certificate if the holder

    • (a) fails more than one time to comply with the Explosives Act, these Regulations or any term or condition of the document; or

    • (b) jeopardizes the safety of the public or the holder’s employees by failing to follow the practices of the Footnote *explosives industry.

  • Marginal note:Procedure

    (3) Before suspending or cancelling a licence, permit or certificate, the Chief Inspector must provide the holder with written notice of the reasons for the suspension or cancellation and its effective date and give them an opportunity to provide reasons why the licence, permit or certificate should not be suspended or cancelled.

  • Marginal note:Review by Minister

    (4) The holder may request that the Minister review the Chief Inspector’s decision to suspend or cancel. The request must be made in writing within 15 days after the Chief Inspector has given the holder notice of the decision. The Minister must confirm, revoke or amend the decision.

  • SOR/2016-75, s. 38.

PART 8Screening

Marginal note:Overview

 This Part sets out the screening requirements for people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to Footnote *manufacture, store, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval.

  • SOR/2013-211, s. 502.
Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    approval letter

    approval letter means an approval letter issued by the Minister under section 183. (lettre d’approbation)

    certificate

    certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. (certificat)

    equivalent document

    equivalent document means

    • (a) a permis général issued under Quebec’s An Act respecting explosives, as amended from time to time;

    • (b) a FAST card (free and secure trade card) issued by the Canada Border Services Agency;

    • (c) a NEXUS card issued by the Canada Border Services Agency; or

    • (d) a Firearms Possession and Acquisition Licence issued under the Firearms Act. (document équivalent)

    high hazard explosive

    high hazard explosive refers to

    • (a) military explosives or law enforcement explosives (type D);

    • (b) high explosives (type E); or

    • (c) initiation systems (type I). (explosif à risque élevé)

    licence

    licence means a licence that authorizes the storage of a high hazard explosive. (licence)

    permit

    permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. (permis)

  • Marginal note:Access

    (2) A person is considered to have access to a high hazard explosive if it is possible for them to come into contact, even momentary contact, with such an explosive.

  • SOR/2013-211, s. 503;
  • SOR/2016-75, s. 38.

DIVISION 1Application for Licence, Permit or Certificate

[SOR/2013-211, s. 507]
Marginal note:Approval letter or equivalent document
  •  (1) An individual who applies for a licence, permit or certificate or for the renewal of one must include with their application proof that they have an approval letter or equivalent document.

  • Marginal note:List of employees

    (2) Every applicant for a licence, permit or certificate, or for the renewal of one, must also include a list of their employees who are required by this Part to have an approval letter and must indicate whether the employee has applied for the letter and whether it has been received.

  • SOR/2013-211, s. 507(E);
  • SOR/2016-75, ss. 19, 45(F).
Marginal note:Issuance of document
  •  (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2) or the applicant has an equivalent document, the Minister may issue or renew the licence, permit or certificate.

  • Marginal note:Refusal

    (2) The Minister must refuse to issue or renew the licence, permit or certificate and must give the applicant written notice of the refusal and the reason for the refusal, if the criminal record check reveals any of the following circumstances:

    • (a) the applicant is subject to a court order prohibiting them from possessing an Footnote *explosive;

    • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences:

      • (i) an indictable offence under the Explosives Act,

      • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

      • (iii) an offence under any of the following provisions of the Criminal Code:

        • (A) section 80 (breach of duty),

        • (B) section 81 (using explosives),

        • (C) section 82 (possession of explosives without lawful excuse),

        • (D) subsection 235(1) (first and second degree murder),

        • (E) subsection 239(1) (attempted murder),

        • (F) subsection 431.2(2) (explosive or other lethal device),

        • (G) section 436.1 (possession of incendiary material), or

      • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

        • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

        • (B) an offence under section 264 of the Criminal Code (criminal harassment).

  • Marginal note:Request for review

    (3) An applicant may, within 30 days after the date on which they receive a notice of refusal, send the Minister written information or documents to establish that the information on which the refusal was based is incorrect.

  • Marginal note:Disposition on review

    (4) After reviewing the new information or documents, the Minister must

    • (a) issue or renew the licence, permit or certificate if the information on which the refusal was based is incorrect; or

    • (b) give the applicant written notice of the refusal and the reasons for the refusal if the information on which it was based is correct.

  • SOR/2013-211, ss. 507(E), 508(F);
  • SOR/2016-75, ss. 20, 44(F).

DIVISION 2Approval Letters

Requirements for Holders of a Licence, Permit or Certificate

[SOR/2013-211, s. 507]
Marginal note:Approval letter required
  •  (1) A holder of a licence, permit or certificate must ensure that an approval letter or equivalent document is held by every employee, director or contractor who, in carrying out their functions for the holder,

    • (a) has access to a high hazard explosive;

    • (b) permits others to have access to a high hazard explosive; or

    • (c) controls, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive.

  • Marginal note:Control over others

    (2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they control, directly or indirectly, a person who, in carrying out their functions for the holder, has access to a high hazard explosive.

  • SOR/2013-211, s. 507;
  • SOR/2016-75, s. 45(F).
Marginal note:Access prevented
  •  (1) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not have access to a high hazard explosive that is being Footnote *manufactured, stored, sold, imported, exported or transported by the holder.

  • Marginal note:Exception — supervised person

    (2) Subsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and was either refused or is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document.

  • SOR/2013-211, s. 504.
Marginal note:Visitors

 A holder of a licence or certificate must ensure that a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document.

  • SOR/2013-211, s. 505.
Marginal note:Exception — peace officers, etc.

 Subsection 179(1) and section 180 do not apply in respect of the following people when they are acting in the course of their duties:

  • (a) a peace officer;

  • (b) an employee of the federal government; or

  • (c) an inspector appointed under the Explosives Act.

Application for Approval Letter

Marginal note:Application
  •  (1) A person may apply for an approval letter by completing, signing and sending 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 applicant’s name, address, telephone number and email address;

    • (b) the applicant’s date of birth; and

    • (c) if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number, fax number and email address and, if applicable, the name of the applicant’s supervisor.

  • Marginal note:Criminal record check

    (2) The application must include the original of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister.

  • SOR/2013-211, s. 507;
  • SOR/2016-75, s. 38.
Marginal note:Issuance of letter
  •  (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2), the Minister must issue a dated approval letter to the applicant and send a copy of the letter to any holder of a licence, permit or certificate mentioned in the application.

  • Marginal note:Refusal

    (2) The Minister must refuse to issue an approval letter and must give the applicant written notice of the refusal, and the reasons for the refusal, if the applicant’s criminal record check reveals any of the following circumstances:

    • (a) the applicant is subject to a court order prohibiting them from possessing any Footnote *explosives;

    • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences:

      • (i) an indictable offence under the Explosives Act,

      • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

      • (iii) an offence under any of the following provisions of the Criminal Code:

        • (A) section 80 (breach of duty),

        • (B) section 81 (using explosives),

        • (C) section 82 (possession of explosives without lawful excuse),

        • (D) subsection 235(1) (first and second degree murder),

        • (E) subsection 239(1) (attempted murder),

        • (F) subsection 431.2(2) (explosive or other lethal device),

        • (G) section 436.1 (possession of incendiary material), or

      • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

        • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

        • (B) an offence under section 264 of the Criminal Code (criminal harassment).

  • Marginal note:Request for review

    (3) An applicant may, within 30 days after the date on which they receive a notice of refusal, send the Minister written information or documents to establish that the information on which the refusal was based is incorrect.

  • Marginal note:Disposition on review

    (4) After reviewing the new information or documents, the Minister must

    • (a) issue the approval letter if the information on which the refusal was based is incorrect; or

    • (b) give the applicant written notice of the refusal, and the reasons for the refusal, and send a copy of the notice to any licence, permit or certificate holder mentioned in the application, if the information on which the refusal was based is correct.

  • Marginal note:Review not requested

    (5) If the applicant does not request a review, the Minister must, at the end of the period mentioned in subsection (3), send a copy of the notice of refusal to any licence, permit or certificate holder mentioned in the application.

  • SOR/2013-211, s. 507;
  • SOR/2016-75, ss. 38, 44(F).
Marginal note:Period of validity

 An approval letter remains valid for five years after the date on which it is issued.

Marginal note:Copy of letter
  •  (1) A person who has been issued an approval letter may

    • (a) obtain a copy of the letter by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; or

    • (b) have a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address.

  • Marginal note:Verification

    (2) A holder of a licence, permit or certificate who wishes to verify that a director or employee of the holder, or a person seeking employment from the holder, has an approval letter 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 both the holder and a contact person;

    • (b) the name and date of birth of the person whose approval letter is to be verified; and

    • (c) that person’s written consent, witnessed and signed by a witness.

  • SOR/2013-211, s. 507.

PART 9Transporting Explosives

Marginal note:Overview

 This Part sets out the requirements for transporting Footnote *explosives, including in transit transportation and the loading and unloading of explosives, that must be met by owners, shippers, carriers and drivers. When a small quantity of certain explosives is to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 and 203 (dealing with transportation by other means) apply.

Marginal note:Definitions

 The following definitions apply in this Part.

carrier

transporteur

carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur)

shipper

expéditeur

shipper means a person who arranges for a carrier, prepares the Footnote *explosives for transport and delivers them to the carrier. (expéditeur)

Marginal note:Explosive quantity

 A reference to the mass of an Footnote *explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance), except in section 190 where it is a reference to its gross quantity (the mass of the explosive plus the mass of any packaging or container).

Marginal note:Driver who is not a carrier

 A driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.

Transporting Small Quantity of Explosives

Marginal note:List of explosives
  •  (1) A carrier or driver is not subject to the requirements of sections 191 to 203 if they transport

    • (a) no more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED;

    • (b) no more than 150 kg of an explosive with the number

      • (i) UN 0161, POWDER, SMOKELESS,

      • (ii) UN 0186, ROCKET MOTORS,

      • (iii) UN 0191, SIGNAL DEVICES, HAND,

      • (iv) UN 0197, SIGNALS, SMOKE,

      • (v) UN 0276, CARTRIDGES, POWER DEVICE,

      • (vi) UN 0312, CARTRIDGES, SIGNAL,

      • (vii) UN 0336, FIREWORKS,

      • (viii) UN 0351, ARTICLES, EXPLOSIVE, N.O.S.,

      • (ix) UN 0403, FLARES, AERIAL,

      • (x) UN 0431, ARTICLES, PYROTECHNIC,

      • (xi) UN 0453, ROCKETS, LINE THROWING,

      • (xii) UN 0499, PROPELLANT, SOLID,

      • (xiii) UN 0501, PROPELLANT, SOLID,

      • (xiv) UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS,

      • (xv) UN 0505, SIGNALS, DISTRESS,

      • (xvi) UN 0509, POWDER, SMOKELESS; or

    • (c) any quantity of an explosive with the number

      • (i) UN 0012, CARTRIDGES, SMALL ARMS,

      • (ii) UN 0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK,

      • (iii) UN 0044, PRIMERS, CAP,

      • (iv) UN 0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER,

      • (v) UN 0105, FUSE, SAFETY,

      • (vi) UN 0131, LIGHTERS, FUSE,

      • (vii) UN 0173, RELEASE DEVICES, EXPLOSIVE,

      • (viii) UN 0323, CARTRIDGES, POWER DEVICE;

      • (ix) UN 0337, FIREWORKS,

      • (x) UN 0373, SIGNAL DEVICES, HAND,

      • (xi) UN 0404, FLARES, AERIAL,

      • (xii) UN 0405, CARTRIDGES, SIGNAL,

      • (xiii) UN 0432, ARTICLES, PYROTECHNIC,

      • (xiv) UN 0454, IGNITERS,

      • (xv) UN 0506, SIGNALS, DISTRESS, or

      • (xvi) UN 0507, SIGNALS, SMOKE.

  • Marginal note:Requirements

    (2) However, the carrier and driver must ensure that the explosives are transported in a package or container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized.

  • SOR/2016-75, s. 21.

Transporting Explosives in a Vehicle

Marginal note:Vehicle requirements
  •  (1) A carrier of Footnote *explosives by vehicle must ensure that the portion of the vehicle that contains the explosives

    • (a) is either an intermodal container or is fully enclosed and fire resistant; and

    • (b) is kept locked except when the explosives are being loaded or unloaded.

  • Marginal note:Vehicle kept locked

    (2) The driver of the vehicle must also ensure that the portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded.

  • Marginal note:Towed vehicle

    (3) A carrier of explosives must not transport explosives in a towed vehicle unless

    • (a) the explosives are in a semi-trailer attached to a truck tractor or in a fifth-wheel trailer; or

    • (b) the explosives are in a trailer that is part of a road train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken.

  • Marginal note:Oversized load

    (4) If an Footnote *explosive article or equipment that is contaminated with an Footnote *explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and covered.

  • Marginal note:Application for permit

    (5) A carrier who applies for a permit to use a flatbed to transport an explosive article or equipment that is contaminated with an explosive substance 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 applicant’s name, address, telephone number, fax number and email address;

    • (b) the licence plate number and vehicle identification number of the flatbed;

    • (c) the number of the division 1 factory licence or magazine licence that authorizes the Footnote *manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported;

    • (d) a description of the explosive article or contaminated equipment; and

    • (e) a description of the method to be used to cover the article or equipment and to secure it to the flatbed.

  • Marginal note:Iron or steel parts

    (6) If an iron or steel part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport so as to increase the likelihood of an ignition, the carrier must ensure that the part is covered with material that will prevent the contact, unless the iron or steel is part of the means of containment for in bulk transportation of the explosives numbered

    • (a) UN 0331, EXPLOSIVE, BLASTING, type B; or

    • (b) UN 0332, EXPLOSIVE, BLASTING, type E.

  • Marginal note:Vehicle transporting more than 2 000 kg of explosives

    (7) If the vehicle will be used to transport more than 2 000 kg of explosives, the carrier must ensure that the vehicle is not gasoline-powered. The carrier must also ensure that the fuel tank and fuel lines are not located in, under, beside or over the portion of the vehicle that contains the explosives, unless there is no possible alternative and precautions that minimize the likelihood of an ignition have been taken.

  • Marginal note:Fire extinguishers

    (8) The carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.

  • Marginal note:Heater and lights

    (9) The carrier must ensure that the portion of the vehicle that contains explosives does not have a heater or light — other than a heater or light installed in the portion of the vehicle occupied by the driver — unless the Minister determines that

    • (a) a heater or light is required because of the properties of the explosives or the operations to be carried out in the vehicle; and

    • (b) precautions that minimize the likelihood of an ignition have been taken.

  • Marginal note:Refrigeration and climate control systems

    (10) The carrier must ensure that the portion of the vehicle that contains explosives does not have a refrigeration or climate-control system with its own fuel tank unless

    • (a) the fuel system is drained and purged or removed and any battery is isolated by a cut-off switch or removed; or

    • (b) the Minister determines that

      • (i) the system has to be operational because of the properties of the explosives or the operations to be carried out in the vehicle, and

      • (ii) precautions that will minimize the likelihood of an ignition have been taken.

  • Marginal note:Hot components of exhaust system

    (11) The carrier must ensure that the portion of the vehicle that contains explosives is protected from any component of an exhaust system that could, by heating up, increase the likelihood of an ignition.

  • Marginal note:Dangerous goods safety marks

    (12) The carrier and the driver must ensure that any dangerous goods safety marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway.

  • SOR/2016-75, s. 38.
Marginal note:Detonators
  •  (1) When detonators are to be transported in a vehicle that contains other Footnote *explosives, the shipper and the carrier must ensure that no more than 20 000 detonators will be transported with the other explosives. They must also ensure that

    • (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the detonators are stowed apart from the other explosives so that an explosion of one or more detonators will not ignite any of the other explosives; and

    • (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the detonators are stowed in a container in or compartment of the vehicle that is fully enclosed, cannot be accessed from the portion of the vehicle that contains the other explosives and will prevent the detonators from exploding during a fire for at least one hour.

  • Marginal note:Damaged or deteriorated explosives

    (2) The shipper and the carrier must not transport damaged or deteriorated explosives unless the Minister determines that the explosives must be transported to another location for the purpose of storing them, making them fit for use, remaking or repairing them or destroying them and that precautions that minimize the likelihood of an ignition have been taken.

  • Marginal note:Items transported with explosives

    (3) The shipper and the carrier must ensure that things other than explosives are not transported with explosives unless

    • (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the things are stowed, or separated from, the explosives so as to minimize the likelihood of an ignition; and

    • (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the vehicle has been authorized to transport the things by a permit issued by the Minister under paragraph 7(1)(b) of the Explosives Act and the permit is in the vehicle.

  • Marginal note:Permit to transport non-explosive items

    (4) A shipper or a carrier who applies for a permit to transport things other than explosives in a vehicle that will contain explosives 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 applicant’s name, address, telephone number, fax number and email address;

    • (b) a list of the non-explosive items to be transported with the explosives in the vehicle; and

    • (c) the precautions that will be taken to eliminate any possibility of an ignition.

  • Marginal note:Limit for road trains on ice roads

    (5) In the case of a road train travelling over ice roads, the carrier must ensure that no more than 20 000 kg of explosives are transported in any trailer forming part of the train.

  • SOR/2016-75, s. 38.
Marginal note:Sound mechanical condition
  •  (1) The carrier must ensure that the vehicle to be used to transport Footnote *explosives is in sound mechanical condition and capable of safely transporting explosives.

  • Marginal note:Combustible material

    (2) The carrier and the driver must ensure that the portion of the vehicle containing explosives is free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might ignite spontaneously.

  • Marginal note:Inspection

    (3) The driver must ensure that the vehicle, while transporting explosives, is inspected daily to verify that the following requirements are met:

    • (a) the fire extinguishers are filled and in good working order;

    • (b) the electric wiring is completely insulated and firmly secured;

    • (c) the fuel tank and fuel lines have no leaks;

    • (d) the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease;

    • (e) the brakes and steering apparatus are in good condition; and

    • (f) the tires are not worn smooth or visibly defective.

  • Marginal note:Correcting deficiencies

    (4) The driver must ensure that any deficiencies found on the vehicle during an inspection are corrected before it is used to transport explosives.

Marginal note:Loading and unloading
  •  (1) The carrier must ensure that, while Footnote *explosives are being loaded into or unloaded from a vehicle, precautions that minimize the possibility of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

  • Marginal note:Precautions

    (2) The carrier must ensure that precautions are taken that will prevent unauthorized people from having access to the explosives during loading or unloading and that will prevent any person in the immediate vicinity from doing anything that could increase the likelihood of an ignition.

  • Marginal note:Fuel, oil and tire pressure check

    (3) The carrier must ensure that the vehicle is fuelled, the oil level and tire pressure are checked and all required servicing of the vehicle is carried out before the loading of explosives begins.

  • Marginal note:Engine turned off and brakes set

    (4) During the loading or unloading of explosives, the driver must ensure that the engine is turned off and the brakes are set. However, the engine may be left running if it is needed to operate a power take-off or if cold and wind conditions could make restarting the engine difficult.

  • Marginal note:No stopping

    (5) The carrier must ensure that once the loading or unloading begins, it continues without stopping until it is completed.

  • Marginal note:Throwing or dropping explosives

    (6) The carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of explosives.

  • Marginal note:Securing explosives

    (7) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.

Marginal note:Confirmation — shipper
  •  (1) Before delivering the Footnote *explosives to the carrier, the shipper must obtain confirmation from the intended recipient that the explosives will be

    • (a) used on the same day they are delivered and Footnote *attended in person until they are used;

    • (b) stored in a factory magazine, licensed magazine, Footnote *storage unit or dwelling in accordance with these Regulations; or

    • (c) shipped immediately to the next recipient.

  • Marginal note:Confirmation — carrier

    (2) A carrier must not load explosives into a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.

  • SOR/2016-75, s. 22.
Marginal note:Age of driver
  •  (1) A person who is less than 21 years old must not drive a vehicle that is transporting more than 2 000 kg of Footnote *explosives.

  • Marginal note:No smoking

    (2) A person must not smoke while they are in a vehicle that contains explosives, or while they are Footnote *attending one.

  • Marginal note:Performance-diminishing substance

    (3) A person who is under the influence of alcohol or another performance-diminishing substance must not be in or attend a vehicle that contains explosives. However, a person who has taken a prescription drug may be in or attend a vehicle containing explosives if they have medical proof that they need the drug and that it will not impede their ability to function safely.

  • Marginal note:Performance-diminishing substance — possession

    (4) A driver and any person assisting the driver must not carry alcohol or another performance-diminishing substance for their personal use while transporting explosives.

  • Marginal note:No stopping on route

    (5) The driver of a vehicle transporting explosives must not stop en route unnecessarily. If a stop is necessary, the driver must stop for no longer than required under the circumstances and must park the vehicle away from areas where people gather.

  • Marginal note:Repairs

    (6) The driver must ensure that repairs that involve power tools or heat-producing devices or that could increase the likelihood of an ignition are not made to the vehicle while it contains explosives.

  • Marginal note:Route

    (7) The driver of a vehicle transporting explosives must follow dangerous goods routes. If there are no dangerous goods routes, the driver must, if possible, avoid routes that pass through densely populated areas.

  • Marginal note:Maintaining separation

    (8) A driver of a vehicle transporting more than 2 000 kg of explosives must maintain a distance of at least 300 m between their vehicle and any other vehicle that is transporting more than 2 000 kg of explosives.

  • Marginal note:Towed vehicle

    (9) The driver of a vehicle transporting explosives must ensure that the vehicle is not towed unless the Minister or a police officer directs that it be towed because of an emergency or a breakdown.

  • SOR/2016-75, s. 38.
Marginal note:Obtaining assistance

 The carrier must ensure that the driver of a vehicle transporting more than 2 000 kg of Footnote *explosives is able to rely on assistance from one or more of the following people:

  • (a) an assistant who is accompanying the driver;

  • (b) a person who is in another vehicle that is not transporting explosives following the vehicle transporting explosives and with whom the driver is in constant communication;

  • (c) a person who is monitoring a two-way radio or equivalent communication system.

Marginal note:Tracking and communication systems
  •  (1) If a vehicle — other than a vehicle in which a Footnote *manufacturing operation may be carried out — is used to transport the following quantity of an Footnote *explosive that is listed in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system no later than

    • (a) one year after these Regulations are made, if the vehicle is transporting 1 000 or more detonators;

    • (b) one year after these Regulations are made, if the vehicle is transporting 15 000 kg or more of explosives;

    • (c) two years after these Regulations are made, if the vehicle is transporting at least 10 000 kg but less than 15 000 kg of explosives; or

    • (d) three years after these Regulations are made if transporting at least 2 000 kg but less than 10 000 kg of explosives.

  • Marginal note:Listed explosives

    (2) The tracking and communication system is required if the vehicle is transporting explosives that are classified under the Transportation of Dangerous Goods Regulations as follows:

    • (a) Class 1, Division 1, 2 or 3;

    • (b) Class 1, Division 4 with one of the following UN numbers:

      • (i) UN 0104, CORD DETONATING, MILD EFFECT or FUSE DETONATING, MILD EFFECT,

      • (ii) UN 0237, CHARGES, SHAPED, FLEXIBLE, LINEAR,

      • (iii) UN 0255, DETONATORS, ELECTRIC,

      • (iv) UN 0267, DETONATORS, NON-ELECTRIC,

      • (v) UN 0289, CORD, DETONATING,

      • (vi) UN 0361, DETONATOR ASSEMBLIES, NON-ELECTRIC,

      • (vii) UN 0365, DETONATORS FOR AMMUNITION,

      • (viii) UN 0366, DETONATORS FOR AMMUNITION,

      • (ix) UN 0440, CHARGES, SHAPED,

      • (x) UN 0441, CHARGES, SHAPED,

      • (xi) UN 0445, CHARGES, EXPLOSIVE, COMMERCIAL,

      • (xii) UN 0456, DETONATORS, ELECTRIC,

      • (xiii) UN 0500, DETONATOR ASSEMBLIES, NON-ELECTRIC; or

    • (c) Class 1, Division 5 or 6.

  • Marginal note:Requirements for system

    (3) The tracking and communication system must allow the person who is monitoring the system to locate the vehicle at all times and must allow the driver and the person to communicate with one another.

  • Marginal note:Monitoring system

    (4) The carrier must ensure that a person is monitoring the tracking and communication system at all times while the explosives are being transported and will notify the police in case of an emergency.

Marginal note:Vehicle attended
  •  (1) The carrier and the driver of a vehicle that contains Footnote *explosives must ensure that it is Footnote *attended in person when it is not at a licensed factory.

  • Marginal note:Exception

    (2) However, up to 25 kg of high explosives (type E) and up to 100 detonators (type I) may be left unattended in a vehicle if

    • (a) the explosives have been removed from a factory magazine or licensed magazine for a specific purpose set out in their authorization;

    • (b) the explosives are stored in a Footnote *storage unit that has been serviced at the factory or magazine and is bolted or welded to the vehicle or, if the explosives are perforating guns, the guns are securely locked to the vehicle;

    • (c) no other item or substance that could increase the likelihood of an ignition is in the vehicle;

    • (d) a device or system is in place that will ensure that the vehicle is immobilized and that an alarm will alert the driver if an attempt is made to steal the explosives, tamper with the storage unit or tamper with or steal the vehicle; and

    • (e) if it is parked overnight, the vehicle is parked at least 30 m from any dwelling, highway or railway line and any place where flammable substances (for example, gasoline pumps, propane tanks or above-ground storage tanks for a flammable liquid or flammable gas) are stored.

  • Marginal note:Leftover explosives

    (3) When the specific purpose for which the explosives were removed has been carried out or abandoned, the carrier and driver must ensure that any explosives remaining in the vehicle are stored in a factory or licensed magazine as soon as the circumstances permit.

Marginal note:Overnight parking
  •  (1) If a vehicle that contains Footnote *explosives is to be parked overnight, the driver must park at a place where there is no open flame, match or any other thing that could increase the likelihood of an ignition. The distance between the parking place and any dwelling, any place where flammable substances (for example, gasoline pumps, propane tanks or above-ground storage tanks for flammable liquid or flammable gas) are stored and any area where people are likely to gather must be great enough to eliminate any possibility of harm to people and property in case of an ignition.

  • Marginal note:Vehicle attended

    (2) The driver must ensure that the parked vehicle is Footnote *attended.

Marginal note:Accidents and incidents
  •  (1) The driver of a vehicle that contains Footnote *explosives and is involved in an accident or incident that is likely to delay the delivery of the explosives must, as soon as the circumstances permit, notify the police and the carrier of the accident or incident and the delay.

  • Marginal note:Report

    (2) The carrier must, as soon as the circumstances permit, report the accident or incident to an inspector. The carrier must ensure that any damaged explosives are transported as soon as the circumstances permit to any location that the Minister designates and any undamaged explosives are transported to their destination or to a safe and secure location as soon as the circumstances permit.

  • SOR/2016-75, s. 38.

Transporting Explosives in a Means of Transport Other Than a Vehicle

Marginal note:Loading and unloading
  •  (1) The carrier must ensure that, while Footnote *explosives are being loaded into or unloaded from a means of transport other than a vehicle, precautions that minimize the likelihood of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

  • Marginal note:Precautions

    (2) The carrier must ensure that precautions that prevent unauthorized people from having access to the explosives during loading or unloading are taken, as well as precautions that prevent any person in the immediate vicinity from doing anything that might increase the likelihood of an ignition.

  • Marginal note:Throwing or dropping explosives

    (3) The carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of the explosives.

  • Marginal note:Securing explosives

    (4) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.

Marginal note:Confirmation — shipper
  •  (1) Before delivering the Footnote *explosives to the carrier, the shipper must obtain confirmation from the intended recipient of the explosives that the explosives will be

    • (a) used on the same day they are delivered and Footnote *attended until they are used;

    • (b) stored in a factory magazine, licensed magazine, Footnote *storage unit or dwelling in accordance with these Regulations; or

    • (c) shipped immediately to the next recipient.

  • Marginal note:Confirmation — carrier

    (2) A carrier must not load explosives into a means of transport other than a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.

PART 10Military Explosives and Law Enforcement Explosives

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of military explosives (type D) and law enforcement explosives (type D) and sets out the rules for sellers and users.

Marginal note:Definitions

 The following definitions apply in this Part.

law enforcement agency

law enforcement agency means a police force, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi)

licence

licence means a licence that authorizes the storage of the military explosives or law enforcement explosives to be sold or acquired. (licence)

user

user means a person, or a law enforcement agency, that acquires military explosives or law enforcement explosives for use. (utilisateur)

  • SOR/2016-75, s. 23.

Rules for Sellers

Marginal note:Acquisition for sale

 A seller may acquire, store and sell military explosives or law enforcement explosives if they hold a licence. A seller who acquires military explosives or law enforcement explosives must comply with this Part.

Marginal note:Storage
  •  (1) A seller must store their military explosives and law enforcement explosives in the magazine specified in their licence.

  • Marginal note:No display for sale

    (2) A seller must not display military explosives or law enforcement explosives for sale.

Marginal note:Sale — licensed buyer
  •  (1) A seller may sell military explosives or law enforcement explosives only to a buyer who holds a licence.

  • Marginal note:Maximum quantity

    (2) A seller must not sell more military explosives or law enforcement explosives to a buyer than the buyer is authorized by their licence to store.

  • Marginal note:Sale — certain entities

    (3) Despite subsection (1), a seller may sell the following explosives to the following buyers even if the buyer is unlicensed:

    • (a) military explosives and law enforcement explosives to the Department of National Defence and to any armed forces cooperating with the Canadian Forces; and

    • (b) military explosives, hazard category PE 3 or PE 4, and law enforcement explosives, hazard category PE 3 or PE 4, to a police force operating in Canada.

Marginal note:Record of sale

 A seller must keep a record of every sale of military explosives or law enforcement explosives in a secure location for two years after the date of the sale. The record must include the following information:

  • (a) the name and address of the individual who bought the explosives and, if applicable, the name of the entity for which the explosives were acquired;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the Footnote *product name of each explosive sold and the name of the person who obtained its authorization;

  • (d) the quantity of explosives sold under each Footnote *product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39.

Rules for Users

Marginal note:Acquisition — licensed user
  •  (1) A user may acquire and store military explosives or law enforcement explosives if they hold a licence. A user who acquires military explosives or law enforcement explosives must comply with subsection (2).

  • Marginal note:Storage — licensed user

    (2) A user must store their military explosives and law enforcement explosives in the magazine specified in their licence.

Marginal note:Acquisition — exception
  •  (1) Despite subsection 210(1), a law enforcement agency may acquire and store military explosives, hazard category PE 3 or PE 4, or law enforcement explosives, hazard category PE 3 or PE 4, even if the agency is unlicensed. A law enforcement agency that acquires such explosives must comply with subsection (2).

  • Marginal note:Storage — exception

    (2) The explosives must be stored away from flammable substances and sources of ignition, in a manner that prevents them from being stolen and ensures that access to them is limited to people authorized by the law enforcement agency.

  • SOR/2016-75, s. 24.

PART 11Industrial Explosives

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of explosives that are used for industrial purposes and sets out the rules for sellers and users.

Marginal note:Definitions

 The following definitions apply in this Part.

industrial explosive

industrial explosive means the following types of explosive:

  • (a) E.1 — blasting explosives;

  • (b) E.2 — perforating explosives;

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

  • (d) I — initiation systems; and

  • (e) P.1 — black powder and hazard category PE 1 black powder substitutes, when they are used in mining, quarrying, construction or avalanche control. (explosif industriel)

licence

licence means a licence that is issued by the Minister and authorizes storage of the type of industrial explosive to be sold or acquired. (licence)

manufacturing certificate

manufacturing certificate means a certificate that authorizes the Footnote *manufacture and storage of the type of industrial explosive to be acquired or manufactured. (certificat de fabrication)

user

user means a person who acquires *industrial explosives for use or conveyance. (utilisateur)

  • SOR/2016-75, ss. 25, 38.

Rules for Sellers

Marginal note:Acquisition for sale

 A seller may acquire, store and sell industrial explosives if they hold a licence. A seller who acquires industrial explosives must comply with this Part.

Marginal note:Storage

 A seller must store their industrial explosives in the magazine specified in their licence.

Marginal note:No display for sale

 A seller must not display industrial explosives for sale.

Marginal note:Sale — authorized buyer
  •  (1) A seller may sell industrial explosives only to a buyer who holds a licence or a manufacturing certificate or who is authorized by a competent provincial or territorial authority to store industrial explosives at a mine site or quarry.

  • Marginal note:Maximum quantity

    (2) A seller must not sell more industrial explosives to a buyer than the buyer is authorized by their licence, certificate or provincial or territorial authorization to store.

Marginal note:Information on packaging
  •  (1) A seller must mark the number of the buyer’s licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manner

    • (a) on the outer packaging or container of the Footnote *explosives if the outer packaging or the container is sealed; or

    • (b) on the inner packaging of each explosive or each reel of detonating cord if the outer packaging or the container is not sealed.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to intermediate bulk containers or containers holding explosives in bulk.

Marginal note:Record of sale

 A seller must keep a record of each sale of industrial explosives for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address;

  • (b) the number of the buyer’s licence, certificate or authorization;

  • (c) the type, Footnote *product name and dimensions of each explosive sold and name of the person who obtained its authorization;

  • (d) the quantity of explosives sold under each Footnote *product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39.
Marginal note:Reuse of packaging
  •  (1) A seller must ensure that any packaging or container that has been used for industrial explosives is not reused unless

    • (a) it is in good condition;

    • (b) it contains no explosive residue;

    • (c) it is reused for the same type of explosive that it previously contained; and

    • (d) all information on the packaging or container remains accurate.

  • Marginal note:Packaging — nitroglycerine-based explosive

    (2) A seller must ensure that any packaging or container that has been used for a nitroglycerine-based explosive or any other explosive that is Footnote *manufactured from a liquid explosive is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied.

  • Marginal note:Packaging — in poor condition

    (3) A seller must ensure that any packaging or container that is not in good condition when it is emptied of explosives is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit.

  • Marginal note:Exception

    (4) Subsection (3) does not apply to intermediate bulk containers or containers holding explosives in bulk.

Rules for Users

Marginal note:Acquisition

 A user may acquire and store industrial explosives if they hold a licence or a manufacturing certificate or are authorized by a competent provincial or territorial authority to store such explosives at a mine site or quarry. A user who acquires industrial explosives must comply with this Part.

Marginal note:Information on packaging

 A user who acquires industrial explosives that are in a sealed container or sealed outer packaging must, after opening the packaging or container, mark the number of their licence, certificate or authorization in a clear and permanent manner on the inner packaging of each explosive or on each reel of detonating cord.

Marginal note:Storage
  •  (1) A user who holds a licence must store their industrial explosives in the magazine specified in their licence.

  • Marginal note:Explosives to be attended

    (2) A user who holds a licence or a manufacturing certificate must ensure that their industrial explosives are Footnote *attended when they are at a site of use.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply to industrial explosives that are stored on offshore platforms for use in offshore oil or gas wells.

Marginal note:Reuse of packaging
  •  (1) A user must ensure that any packaging or container that has been used for industrial explosives is not reused unless

    • (a) it is in good condition;

    • (b) it contains no explosive residue;

    • (c) it is reused for the same type of explosive that it previously contained; and

    • (d) all information on the packaging or container remains accurate.

  • Marginal note:Packaging — nitroglycerine-based explosive

    (2) A user must ensure that any packaging or container that has been used for a nitroglycerine-based explosive or any other explosive that is manufactured from a liquid explosive is destroyed so that it cannot be reused (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied.

  • Marginal note:Packaging not in good condition

    (3) A user must ensure that any packaging or container that is not in good condition when it is emptied of explosives is destroyed so that it cannot be reused (for example, by breaking the packaging or container) as soon as the circumstances permit.

  • Marginal note:Exception

    (4) Subsection (3) does not apply to intermediate bulk containers or containers holding explosives in bulk.

PART 12Blank Cartridges for Tools

[SOR/2016-75, s. 26]
Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of blank cartridges for tools (type C.2). Division 1 sets out the rules for sellers, while Division 2 sets out the rules for users.

  • SOR/2016-75, s. 37.
Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    distributor

    distributor means a person who sells blank cartridges for tools to other distributors or to retailers, whether or not they sell to users. (distributeur)

    licence

    licence means a licence that authorizes the storage of blank cartridges for tools. (licence)

    retailer

    retailer means a person, other than a distributor, who sells blank cartridges for tools. (détaillant)

    seller

    seller means a distributor or a retailer. (vendeur)

    user

    user means a person who acquires blank cartridges for tools for use. (utilisateur)

  • Marginal note:Storage

    (2) For the purposes of this Part, blank cartridges for tools are stored in a sales establishment, including a dwelling, if they are

    • (a) inside the sales establishment, whether or not they are in a Footnote *storage unit or displayed for sale;

    • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

    • (c) in a licensed magazine that is either inside or outside the establishment.

  • SOR/2016-75, s. 37.

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell blank cartridges for tools if they hold a licence. A distributor who acquires blank cartridges for tools must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell blank cartridges for tools, whether or not they hold a licence. A retailer who acquires blank cartridges for tools must comply with this Division.

  • SOR/2016-75, s. 37.

Storage

Marginal note:Licensed seller
  •  (1) A seller who holds a licence must store their blank cartridges for tools in the magazine specified in their licence.

  • Marginal note:Unlicensed retailer

    (2) A retailer who does not hold a licence must store their blank cartridges for tools in a sales establishment and must ensure that the requirements of sections 229 to 231 are met.

  • SOR/2016-75, s. 37.
Marginal note:No display for sale
  •  (1) Blank cartridges for tools must not be displayed for sale in a dwelling.

  • Marginal note:Display for sale

    (2) Blank cartridges for tools that are displayed for sale in a sales establishment other than a dwelling must be kept behind a sales counter or locked up (for example, in a cabinet).

  • Marginal note:Access

    (3) Only people authorized by the retailer may have access to the area behind a sales counter.

  • SOR/2016-75, s. 37.
Marginal note:Maximum quantity — dwelling
  •  (1) In the case of a sales establishment that is a dwelling, no more than 50 000 blank cartridges for tools may be stored at any one time.

  • Marginal note:Maximum quantity — other sales establishment

    (2) In the case of a sales establishment that is not a dwelling, no more than 150 000 blank cartridges for tools may be stored at any one time, including those that are displayed for sale. Blank cartridges for tools that are not displayed for sale must be stored in a Footnote *storage unit.

  • SOR/2016-75, s. 37.
Marginal note:Storage requirements — dwelling
  •  (1) When blank cartridges for tools are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the retailer.

  • Marginal note:Storage requirements — storage unit

    (2) When blank cartridges for tools are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than blank cartridges for tools may be stored in the storage unit;

    • (g) the storage unit must be Footnote *attended when it is unlocked;

    • (h) the storage unit must be kept clean, dry, organized and free of grit;

    • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

  • SOR/2016-75, ss. 37, 46(E).

Sale

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more blank cartridges for tools to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more blank cartridges for tools to an unlicensed buyer than the buyer is authorized by this Part to store.

  • SOR/2016-75, s. 37.
Marginal note:Retailer

 A retailer may sell blank cartridges for tools only to users.

  • SOR/2016-75, s. 37.

DIVISION 2Rules for Users

Marginal note:Acquisition

 A user may acquire and store blank cartridges for tools, whether or not they hold a licence. A user who acquires blank cartridges for tools must comply with this Division.

  • SOR/2016-75, s. 37.
Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their blank cartridges for tools in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their blank cartridges for tools in a dwelling or a Footnote *storage unit and must ensure that the storage requirements of sections 236 and 237 are met.

  • SOR/2016-75, s. 37.
Marginal note:Maximum quantity

 No more than 50 000 blank cartridges for tools may be stored at any one time.

  • SOR/2016-75, s. 37.
Marginal note:Storage requirements — dwelling
  •  (1) When blank cartridges for tools are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When blank cartridges for tools are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than blank cartridges for tools may be stored in the storage unit;

    • (g) the storage unit must be Footnote *attended when it is unlocked;

    • (h) the storage unit must be kept clean, dry, organized and free of grit;

    • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

  • SOR/2016-75, ss. 37, 46(E).

PART 13Special Purpose Explosives

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of special purpose explosives. Division 1 sets out the rules for sellers and users of low-hazard special purpose explosives (type S.1: for example, highway flares, personal distress flares, bird scaring cartridges and fire extinguisher cartridges). Division 2 sets out the rules for sellers and users of high-hazard special purpose explosives (type S.2: for example, reactive targets, explosive bolts and cable cutters). Division 3 deals with the destruction of expired marine flares (type S.1 or S.2).

  • SOR/2016-75, s. 27.
Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    distributor

    distributeur

    distributor means a person who sells special purpose explosives to other distributors or to retailers, whether or not they sell to users. (distributeur)

    retailer

    détaillant

    retailer means a person, other than a distributor, who sells special purpose explosives. (détaillant)

    seller

    vendeur

    seller means a distributor or a retailer. (vendeur)

    user

    utilisateur

    user means a person who acquires special purpose explosives for use. (utilisateur)

  • Marginal note:Storage

    (2) For the purposes of this Part, special purpose explosives are stored in a sales establishment if the explosives are

    • (a) inside the sales establishment, whether in a Footnote *storage unit or displayed for sale;

    • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

    • (c) in a licensed magazine that is either inside or outside the establishment.

Marginal note:Explosive quantity

 A reference to the mass of a special purpose explosive in this Part is a reference to its gross mass (the mass of the explosives plus the mass of any packaging or container).

DIVISION 1Low-hazard Special Purpose Explosives

Definition of licence

 In this Division, licence means a licence that authorizes the storage of low-hazard special purpose explosives.

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell low-hazard special purpose explosives if they hold a licence. A distributor who acquires low-hazard special purpose explosives must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell low-hazard special purpose explosives, whether or not they hold a licence. A retailer who acquires low-hazard special purpose explosives must comply with this Division.

Storage

Marginal note:Licensed seller
  •  (1) A seller who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.

  • Marginal note:Unlicensed retailer

    (2) A retailer who does not hold a licence must store their low-hazard special purpose explosives in a sales establishment other than a dwelling and ensure that the requirements of sections 244 to 246 are met.

Marginal note:Display for sale
  •  (1) Only highway flares, marine flares and personal distress flares may be displayed for sale.

  • Marginal note:Maximum quantity

    (2) No more than 1 000 kg of flares may be displayed for sale at any one time.

  • Marginal note:Precautions

    (3) Flares that are displayed for sale must be kept behind a sales counter or locked up (for example, in a cabinet) unless the flares are in consumer packs.

  • Marginal note:Access

    (4) Only people authorized by the retailer may have access to the area behind a sales counter.

  • Marginal note:Lots

    (5) Flares that are displayed for sale must be separated into lots of 25 kg or less. Each lot must be separated from the other lots by a fire break. The lots must be kept away from flammable substances and sources of ignition.

Marginal note:Maximum quantity
  •  (1) No more than 1 000 kg of low-hazard special purpose explosives may be stored in a sales establishment at any one time, including those that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg may be stored in the establishment at any one time, including explosives that are displayed for sale.

  • Marginal note:Place of storage

    (2) Low-hazard special purpose explosives that are not displayed for sale must be stored in a Footnote *storage unit.

Marginal note:Storage requirements — storage unit

 When low-hazard special purpose explosives are stored in a Footnote *storage unit,

  • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

  • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

  • (c) if the storage unit is a container, it must not impede exit in case of fire;

  • (d) if the storage unit is not a container, all exits must be kept unobstructed;

  • (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal);

  • (f) nothing other than special purpose explosives may be stored in the storage unit;

  • (g) the storage unit must be Footnote *attended when it is unlocked;

  • (h) the storage unit must be kept clean, dry, organized and free of grit;

  • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

  • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

  • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Sale

Marginal note:No sale from dwelling

 A seller must not sell low-hazard special purpose explosives from a dwelling.

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more low-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more low-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell low-hazard special purpose explosives only to a user.

Marginal note:Record of sale

 A seller must keep a record of every sale of more than 100 kg of low-hazard special purpose explosives. The record must be kept for two years after the date of the sale and must include the following information:

  • (a) the buyer’s name and address;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the Footnote *product name of each explosive sold and the name of the person who obtained its authorization;

  • (d) the quantity of explosives sold under each Footnote *product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39.

Rules for Users

Marginal note:Acquisition

 A user may acquire and store low-hazard special purpose explosives, whether or not they hold a licence. A user who acquires low-hazard special purpose explosives must comply with this Division.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their low-hazard special purpose explosives in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 253 and 254 are met.

Marginal note:Maximum quantity

 No more than 1 000 kg of low-hazard special purpose explosives may be stored at any one time, of which no more than 40 kg may be stored in a dwelling.

Marginal note:Storage requirements — dwelling
  •  (1) When low-hazard special purpose explosives are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When low-hazard special purpose explosives are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than special purpose explosives may be stored in the storage unit;

    • (g) the storage unit must be Footnote *attended when it is unlocked;

    • (h) the storage unit must be kept clean, dry, organized and free of grit;

    • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

DIVISION 2High-hazard Special Purpose Explosives

Definition of licence

 In this Division, licence means a licence that authorizes the storage of high-hazard special purpose explosives.

Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition for sale

 A seller may acquire, store and sell high-hazard special purpose explosives if they hold a licence. A seller who acquires high-hazard special purpose explosives must comply with this Division.

Marginal note:Storage

 A seller must store their high-hazard special purpose explosives in the magazine specified in their licence.

Marginal note:Display for sale

 A seller must not display high-hazard special purpose explosives for sale.

Sale

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more high-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more high-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell high-hazard special purpose explosives only to a user.

Marginal note:Record of sale

 A seller must keep a record of every sale of high-hazard special purpose explosives for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the Footnote *product name of each explosive sold and the name of the person who obtained its authorization;

  • (d) the quantity of explosives sold under each Footnote *product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39.

Rules for Users

Marginal note:Acquisition

 A user may acquire and store high-hazard special purpose explosives, whether or not they hold a licence. A user who acquires high-hazard special purpose explosives must comply with this Division.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their high-hazard special purpose explosives in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their high-hazard special purpose explosives in a Footnote *storage unit and ensure that the requirements of sections 264 and 265 are met.

Marginal note:Maximum quantity

 No more than 20 kg of high-hazard special purpose explosives may be stored at any one time.

Marginal note:Storage requirements — storage unit

 When high-hazard special purpose explosives are stored in a Footnote *storage unit,

  • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

  • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

  • (c) if the storage unit is a container, it must not impede exit in case of fire;

  • (d) if the storage unit is not a container, all exits must be kept unobstructed;

  • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

  • (f) nothing other than special purpose explosives may be stored in the storage unit;

  • (g) the storage unit must be Footnote *attended when it is unlocked;

  • (h) the storage unit must be kept clean, dry, organized and free of grit;

  • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

  • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

  • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

DIVISION 3Marine Flares

Marginal note:Disposal plan
  •  (1) A distributor who sells marine flares, whether low-hazard or high-hazard, must implement the marine flare disposal plan included in their licence application.

  • Marginal note:Return of flares

    (2) A distributor must accept the return of any marine flares sold by them that have expired.

  • Marginal note:Destruction

    (3) The distributor must store any expired marine flares that are returned to them in the magazine specified in their licence and destroy them in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Annual report

    (4) If any expired marine flares are returned during a calendar year, the distributor must submit to the Chief Inspector of Explosives, by March 31 of the following year, a report that sets out the number of each type returned, whether low-hazard or high-hazard, and the number of each type destroyed, during the calendar year.

PART 14Small Arms Cartridges, Propellant Powder and Percussion Caps

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of small arms cartridges and the Footnote *manufacture of small arms cartridges and black powder cartouches. Division 1 sets out the rules for sellers and users of commercially manufactured small arms cartridges (type C.1). It also sets out rules for storing small arms cartridges that are manufactured under Division 2. Division 2 sets out the rules for sellers and users of propellant powder (type P) and percussion caps (also known as primer) (type C.3) and for manufacturers of small arms cartridges and black powder cartouches.

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    black powder

    poudre noire

    black powder means an explosive classified as type P.1. (poudre noire)

    propellant powder

    poudre propulsive

    propellant powder means black powder and smokeless powder. (poudre propulsive)

    small arms cartridge

    cartouche pour armes de petit calibre

    small arms cartridge means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge. (cartouche pour armes de petit calibre)

    smokeless powder

    poudre sans fumée

    smokeless powder means an explosive classified as type P.2. (poudre sans fumée)

  • Marginal note:Storage

    (2) For the purposes of this Part, small arms cartridges, propellant powder and percussion caps are stored in a sales establishment, including a dwelling, if they are

    • (a) inside the sales establishment, whether or not they are in a Footnote *storage unit or displayed for sale;

    • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

    • (c) in a licensed magazine that is either inside or outside the establishment.

Marginal note:Quantity of cartridges, powder or cartouches

 A reference in this Part to the mass of a small arms cartridge, propellant powder or a black powder cartouche is a reference to its net quantity (the mass of the Footnote *explosive excluding the mass of any packaging, container, shell casing or projectile).

DIVISION 1Small Arms Cartridges

Marginal note:Definitions

 The following definitions apply in this Division.

distributor

distributeur

distributor means a person who sells small arms cartridges to other distributors or to retailers, whether or not they sell to users. (distributeur)

licence

licence

licence means a licence that authorizes the storage of small arms cartridges. (licence)

Note: A licence that authorizes the storage of small arms cartridges may also authorize the storage of propellant powder, percussion caps and black powder cartouches.

retailer

détaillant

retailer means a person, other than a distributor, who sells small arms cartridges. (détaillant)

seller

vendeur

seller means a distributor or a retailer. (vendeur)

user

utilisateur

user means a person who acquires small arms cartridges for use. (utilisateur)

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell small arms cartridges if they hold a licence. A distributor who acquires small arms cartridges must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell small arms cartridges, whether or not they hold a licence. A retailer who acquires small arms cartridges must comply with this Division.

Storage

Marginal note:Licensed seller
  •  (1) A seller who holds a licence must store their small arms cartridges in the magazine specified in their licence.

  • Marginal note:Unlicensed retailer

    (2) A retailer who does not hold a licence must store their small arms cartridges in a sales establishment and must ensure that the requirements of sections 273 to 275 are met.

Marginal note:Attendance
  •  (1) When a sales establishment is unlocked, small arms cartridges that are displayed for sale must be Footnote *attended, kept behind a sales counter or locked up (for example, in a cabinet).

  • Marginal note:Access

    (2) Only people authorized by the retailer may have access to the area behind a sales counter.

Marginal note:Maximum quantity
  •  (1) No more than 225 kg of small arms cartridges may be stored in a sales establishment at any one time, including cartridges that are displayed for sale.

    Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).

  • Marginal note:Place of storage

    (2) Small arms cartridges that are not displayed for sale must be stored in a dwelling or a Footnote *storage unit.

Marginal note:Storage requirements — dwelling
  •  (1) When small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the cartridges.

  • Marginal note:Storage requirements — storage unit

    (2) When small arms cartridges are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than propellant powder and percussion caps may be stored with the small arms cartridges;

    • (g) small arms cartridges, propellant powder and percussion caps must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Sale

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more small arms cartridges to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more small arms cartridges to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell small arms cartridges only to a user.

Rules for Users

Marginal note:Acquisition

 A user may acquire and store small arms cartridges, whether or not they hold a licence. A user who acquires small arms cartridges must comply with this Division.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their small arms cartridges in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their small arms cartridges, including any small arms cartridges Footnote *manufactured by the user under Division 2, in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 280 and 281 are met.

Marginal note:Maximum quantity

 No more than 225 kg of small arms cartridges may be stored at any one time.

Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).

Marginal note:Storage requirements — dwelling
  •  (1) When small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the cartridges.

  • Marginal note:Storage requirements — storage unit

    (2) When small arms cartridges are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than propellant powder, percussion caps or black powder cartouches may be stored with the small arms cartridges;

    • (g) small arms cartridges, propellant powder, percussion caps and black powder cartouches must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

DIVISION 2Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches

Marginal note:Definitions
  •  (1) The following definitions apply in this Division.

    distributor

    distributeur

    distributor means a person who sells propellant powder or percussion caps to other distributors or to retailers, whether or not they sell to users. (distributeur)

    licence

    licence

    licence means a licence issued under the Explosives Act that authorizes the storage of the Footnote *explosive, whether propellant powder, percussion caps or black powder cartouches, that are to be sold, acquired or Footnote *manufactured. (licence)

    Note: A licence that authorizes the storage of propellant powder, percussion caps or black powder cartouches may also authorize the storage of small arms cartridges.

    retailer

    détaillant

    retailer means a person, other than a distributor, who sells propellant powder or percussion caps. (détaillant)

    seller

    vendeur

    seller means a distributor or a retailer. (vendeur)

    user

    utilisateur

    user means a person who acquires propellant powder or percussion caps for use. (utilisateur)

  • Marginal note:propellant powder

    (2) A reference in this Division to a mass of propellant powder does not include propellant powder that is in a small arms cartridge.

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell propellant powder and percussion caps if they hold a licence. A distributor who acquires propellant powder or percussion caps must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell propellant powder and percussion caps, whether or not they hold a licence. A retailer who acquires propellant powder or percussion caps must comply with this Division.

Storage

Marginal note:Licensed seller
  •  (1) A seller who holds a licence must store their propellant powder and percussion caps in the magazine specified in their licence.

  • Marginal note:Separate storage

    (2) A seller must not store propellant powder and percussion caps in the same magazine.

Marginal note:Unlicensed retailer

 A retailer who does not hold a licence must store their propellant powder and percussion caps in a sales establishment and must ensure that the requirements of sections 286 to 288 are met.

Marginal note:Display for sale — propellant powder
  •  (1) No more than 12 kg of propellant powder, of which no more than 500 g may be black powder, may be displayed for sale.

  • Marginal note:Size of container

    (2) Propellant powder that is displayed for sale must be in a container that holds no more than 500 g.

  • Marginal note:Display for sale — percussion caps

    (3) No more than 10 000 percussion caps may be displayed for sale.

  • Marginal note:Original packaging

    (4) Percussion caps that are displayed for sale must be in their original packaging.

  • Marginal note:Precautions

    (5) Propellant powder and percussion caps that are displayed for sale must be kept behind a counter or locked up (for example, in a cabinet).

  • Marginal note:Access

    (6) Only people authorized by the retailer may have access to the area behind a sales counter.

Marginal note:Place of storage
  •  (1) Propellant powder and percussion caps that are not displayed for sale must be stored in a dwelling or a Footnote *storage unit.

  • Marginal note:Original packaging

    (2) Percussion caps must be stored in their original packaging.

    Note: These Regulations do not limit the number of percussion caps that may be stored in their original packaging in a dwelling or a storage unit.

  • Marginal note:Detached dwellings

    (3) The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.

  • Marginal note:Other dwellings — smokeless powder

    (4) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

    • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

  • Marginal note:Other dwellings — black powder

    (5) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 1 kg, if the black powder is in containers; or

    • (b) 3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.

  • Marginal note:Detached storage unit

    (6) The maximum quantity of propellant powder that may be stored at any one time in storage units that are not attached to a dwelling, whether in a single unit or in several, is 75 kg.

Marginal note:Storage requirements — dwelling
  •  (1) When propellant powder or percussion caps are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the propellant powder or percussion caps.

  • Marginal note:Storage requirements — storage unit

    (2) When propellant powder or percussion caps are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than small arms cartridges may be stored with the propellant powder or percussion caps;

    • (g) propellant powder, percussion caps and small arms cartridges must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Marginal note:Transfer of powder

 A seller must not transfer propellant powder from one container to another for the purpose of sale unless they hold a licence that authorizes them to do so.

Sale

Marginal note:Notification of Chief Inspector

 A retailer who does not hold a licence must, before beginning to sell propellant powder, send the Chief Inspector of Explosives a written notice that sets out their name, address, telephone number, fax number and email address and the date on which they will begin to sell. If such a retailer stops selling propellant powder, they must send the Chief Inspector a written notice to that effect as soon as the circumstances permit.

Marginal note:Original packaging

 A seller may sell percussion caps only if they are in their original packaging.

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more propellant powder or percussion caps to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed retailer

    (2) A seller must not sell more propellant powder to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell propellant powder or percussion caps only to a user.

Marginal note:Identification
  •  (1) Before selling propellant powder to a buyer, the seller must require the buyer to establish their identity by providing

    • (a) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer; or

    • (b) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address.

  • Marginal note:Verification of identity

    (2) If the buyer provides a piece of identification that bears a photograph, the seller must ensure, before selling the propellant powder, that the photograph is that of the buyer.

Marginal note:Record of sale

 A seller must keep a record of each sale of propellant powder for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address or the number of their licence, if any, issued under the Firearms Act;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the type and Footnote *product name of the powder sold, the size of the container in which it was sold and the name of the person who obtained its authorization;

  • (d) the quantity of powder sold under each Footnote *product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39.

Rules for Users

Acquisition

Marginal note:Acquisition

 A user may acquire and store propellant powder and percussion caps, whether or not they hold a licence. A user may Footnote *manufacture small arms cartridges and black powder cartouches for their own personal use and may store them, whether or not they hold a licence. A user who acquires propellant powder or percussion caps or manufactures small arms cartridges or black powder cartouches must comply with this Division.

Note: Part 5 regulates the commercial manufacture of small arms cartridges.

Storage

Marginal note:Licensed user
  •  (1) A user who holds a licence must store their propellant powder, percussion caps and black powder cartouches in the magazine specified in their licence.

  • Marginal note:Separate storage

    (2) A user must not store propellant powder and percussion caps in the same magazine.

Marginal note:Unlicensed user

 A user who does not hold a licence must store their propellant powder, percussion caps and black powder cartouches in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 299 to 304 are met.

Note: Subsection 279(2) provides that users must store small arms cartridges in accordance with sections 280 and 281.

Marginal note:Percussion caps
  •  (1) Percussion caps must be stored in their original packaging.

    Note: These Regulations do not limit the number of percussion caps that may be stored in their original packaging in a dwelling or a Footnote *storage unit.

  • Marginal note:Smokeless powder

    (2) Smokeless powder must be stored in its original container or in small arms cartridges.

  • Marginal note:Black powder

    (3) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches.

Marginal note:Maximum quantity

 The maximum quantity of propellant powder that may be stored by a user at any one time under sections 301 to 303 is reduced by the quantity of any propellant powder that the user is storing under section 375 and any quantity that they are storing under section 389.

Marginal note:Detached dwellings

 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a Footnote *storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.

Marginal note:Other dwellings — smokeless powder
  •  (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

    • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

  • Marginal note:Other dwellings — black powder

    (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 1 kg, if the black powder is in containers; or

    • (b) 3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.

Marginal note:Detached storage unit

 The maximum quantity of propellant powder that may be stored at any one time in Footnote *storage units that are not attached to a dwelling, whether in a single unit or in several, is 75 kg.

Marginal note:Storage requirements — dwelling
  •  (1) When propellant powder, percussion caps or black power cartouches are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the propellant powder, percussion caps or black powder cartouches.

  • Marginal note:Storage requirements — storage unit

    (2) When propellant powder, percussion caps or black powder cartouches are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than small arms cartridges may be stored with the propellant powder, percussion caps or black powder cartouches;

    • (g) propellant powder, percussion caps, small arms cartridges and black powder cartouches must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Manufacture

Marginal note:Age
  •  (1) A person who Footnote *manufactures small arms cartridges or black powder cartouches must be at least 18 years old or under the supervision of a person who is at least 18 years old.

  • Marginal note:Requirements

    (2) A person who manufactures small arms cartridges or black powder cartouches must ensure that the following requirements are met:

    • (a) the place where the manufacturing is carried out must have a means of escape that will permit all people in the place to leave it quickly and easily in an emergency;

    • (b) precautions that minimize the likelihood of an ignition must be taken;

    • (c) all containers of explosives must be labelled to identify their contents and must be kept closed when not in use;

    • (d) no more than 2 kg of smokeless powder may be within 1 m of the loading area;

    • (e) no more than 500 g of black powder may be within 1 m of the loading area;

    • (f) the small arms cartridges must not include an incendiary or similar military component or device; and

    • (g) no more than 150 percussion caps may be kept in the loader mechanism of the reloading equipment.

  • Marginal note:Classification of explosives

    (3) For the purposes of transporting small arms cartridges or black powder cartouches manufactured under this Division, the small arms cartridges are classified as UN 0012 and the black powder cartouches are classified as UN 0014.

PART 15Model and High-Power Rocket Motors

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of rocket motors, reloading kits and igniters. Division 1 sets out the rules for sellers and users of model rocket motors (type R.1), model rocket motor reloading kits (type R.1) and igniters for model rocket motors (type R.3). Division 2 sets out the rules for sellers and users of high-power rocket motors (type R.2), high-power rocket motor reloading kits (type R.2) and igniters for high-power rocket motors (type R.3).

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    distributor

    distributeur

    distributor means a person who sells rocket motors, reloading kits or igniters to other distributors or to retailers, whether or not they sell to users. (distributeur)

    licence

    licence

    licence means a licence that authorizes storage of the type of rocket motor, reloading kit or igniter to be sold or acquired. (licence)

    high-power rocket motor

    moteur de fusée haute puissance

    high-power rocket motor means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and exceeds 160 newton-seconds but does not exceed 40 960 newton-seconds. (moteur de fusée haute puissance)

    model rocket motor

    moteur de fusée miniature

    model rocket motor means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and does not exceed 160 newton-seconds. (moteur de fusée miniature)

    reloading kit

    trousse de rechargement

    reloading kit means a package that contains a solid propellant and other components that are designed to be used in a reloadable rocket motor. (trousse de rechargement)

    retailer

    détaillant

    retailer means a person, other than a distributor, who sells rocket motors, reloading kits or igniters. (détaillant)

    seller

    vendeur

    seller means a distributor or a retailer. (vendeur)

    user

    utilisateur

    user means a person who acquires rocket motors, reloading kits or igniters for use. (utilisateur)

  • Marginal note:Storage

    (2) For the purposes of this Part, rocket motors, reloading kits and igniters are stored in a sales establishment, including a dwelling, if they are

    • (a) inside the sales establishment, whether or not they are in a Footnote *storage unit or displayed for sale;

    • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

    • (c) in a licensed magazine that is either inside or outside the establishment.

Marginal note:Quantity of motors and kits

 A reference to the mass of a rocket motor or reloading kit in this Part is a reference to its gross mass (the mass of the motor or kit plus the mass of any packaging or container).

DIVISION 1Model Rocket Motors

Marginal note:Motor rockets, kits and igniters

 In this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a reference to a model rocket motor, a reloading kit for a model rocket motor or an igniter for a model rocket motor.

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A distributor who acquires rocket motors, reloading kits or igniters must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell rocket motors, reloading kits and igniters, whether or not they hold a licence. A retailer who acquires rocket motors, reloading kits or igniters must comply with this Division.

Storage

Marginal note:Licensed seller
  •  (1) A seller who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

  • Marginal note:Unlicensed retailer

    (2) A retailer who does not hold a licence must store their rocket motors, reloading kits and igniters in a sales establishment and must ensure that the requirements of sections 312 to 315 are met.

Marginal note:Display for sale prohibited
  •  (1) Rocket motors, reloading kits and igniters must not be displayed for sale in a dwelling.

  • Marginal note:Maximum quantity

    (2) In the case of a sales establishment that is not a dwelling, no more than 25 kg of rocket motors and reloading kits (combined quantity) and no more than 300 igniters may be displayed for sale.

  • Marginal note:Precautions

    (3) Rocket motors, reloading kits and igniters that are displayed for sale must be kept behind a sales counter or locked up (for example, in a cabinet) unless they are in consumer packs that meet the requirements of section 313.

  • Marginal note:Access

    (4) Only people authorized by the retailer may have access to the area behind a sales counter.

  • Marginal note:Separation of motors, kits and igniters

    (5) When displayed for sale, rocket motors and reloading kits that are not in consumer packs must be separated by a fire break, or kept at least 1 m , from igniters that are not in consumer packs.

Marginal note:Consumer packs

 For the purposes of this Division, a consumer pack must meet the following requirements:

  • (a) it must be of sufficient strength to withstand normal handling;

  • (b) it must be designed so that it prevents a person who is handling it from being able to ignite the rocket motors, reloading kits or igniters it contains; and

  • (c) it must be designed so that it prevents any shifting of the rocket motors, reloading kits or igniters during handling or transportation.

Marginal note:Maximum quantity
  •  (1) No more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 2 500 igniters may be stored at any one time, including those that are displayed for sale.

  • Marginal note:Place of storage

    (2) Rocket motors, reloading kits and igniters that are not displayed for sale must be stored in a dwelling or a Footnote *storage unit.

  • Marginal note:Rocket with motor installed

    (3) A model rocket in which a motor has been installed must not be stored.

  • Marginal note:Heat or dampness

    (4) Rocket motors, reloading kits and igniters must not be exposed to heat or dampness that could cause them to deteriorate.

Marginal note:Storage requirements — dwelling
  •  (1) When rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the retailer.

  • Marginal note:Storage requirements — storage unit

    (2) When rocket motors, reloading kits or igniters are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than rocket motors, reloading kits and igniters may be stored in the storage unit;

    • (g) if the rocket motors, reloading kits and igniters are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Sale

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more rocket motors, reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more rocket motors, reloading kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell rocket motors, reloading kits and igniters only to a user.

Rules for Users

Marginal note:Acquisition
  •  (1) A user who is at least 18 years old may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.

  • Marginal note:Acquisition — at least 12 years old

    (2) A user who is at least 12 years old may acquire and store single use rocket motors with an impulse that does not exceed 80 newton-seconds and igniters for those motors without a licence. A user who acquires such motors or igniters must comply with this Division.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a Footnote *storage unit and must ensure that the requirements of sections 320 and 321 are met.

Marginal note:Maximum quantity
  •  (1) No more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 2 500 igniters may be stored at any one time. If high-power rocket motors or reloading kits for high-power rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for high-power rocket motors are stored with igniters, the combined quantity must not exceed 2 500.

  • Marginal note:Maximum quantity — under 18 years old

    (2) A user who is less than 18 years old may store no more than 6 single use rocket motors with an impulse that does not exceed 80 newton-seconds, and no more than 10 igniters.

  • Marginal note:Place of storage

    (3) Rocket motors, reloading kits and igniters must be stored in a dwelling or a Footnote *storage unit.

  • Marginal note:Rocket with motor installed

    (4) A model rocket in which the motor has been installed must not be stored.

Marginal note:Storage requirements — dwelling
  •  (1) When rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When rocket motors, reloading kits or igniters are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than high-power rocket motors and reloading kits and igniters for high-power rocket motors may be stored with the rocket motors, reloading kits and igniters;

    • (g) if the rocket motors, reloading kits and igniters, and any high-power rocket motors or reloading kits and igniters for high-power rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

DIVISION 2High-power Rocket Motors

Marginal note:Motor rockets, kits and igniters

 In this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a reference to a high-power rocket motor, a reloading kit for a high-power rocket motor or an igniter for a high-power rocket motor.

Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition for sale

 A seller may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A seller who acquires rocket motors, reloading kits or igniters must comply with this Division.

Marginal note:Storage

 A seller must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Marginal note:No display for sale

 A seller must not display rocket motors or reloading kits for sale.

Sale

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more rocket motors, reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more rocket motors, reloading kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell rocket motors, reloading kits or igniters only to a user.

Marginal note:Record of sale

 A seller must keep a record of every sale of a rocket motor, reloading kit or igniter for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the type, Footnote *product name and power level of each rocket motor and each reloading kit sold and the name of the person who obtained its authorization;

  • (d) the Footnote *product name of each igniter sold and the name of the person who obtained its authorization;

  • (e) the number of motors, kits and igniters sold under each Footnote *product name; and

  • (f) the date of the sale.

  • SOR/2016-75, s. 39.

Rules for Users

Marginal note:Acquisition

 A user may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 331 to 333 are met.

Marginal note:Maximum quantity — dwelling
  •  (1) In the case of storage in a dwelling, no more than 10 kg of rocket motors and reloading kits (combined quantity) and no more than 40 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 10 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 40.

  • Marginal note:Maximum quantity — storage unit

    (2) In the case of storage in a Footnote *storage unit, no more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 200 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 200.

  • Marginal note:Rocket with motor installed

    (3) A high-power rocket in which a motor has been installed must not be stored.

Marginal note:Storage requirements — dwelling
  •  (1) When rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When rocket motors, reloading kits or igniters are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than model rocket motors and reloading kits and igniters for model rocket motors may be stored with the rocket motors, reloading kits and igniters;

    • (g) if the rocket motors, reloading kits and igniters, and any model rocket motors or reloading kits or igniters for model rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Marginal note:Attendance

 Rocket motors, reloading kits and igniters must be Footnote *attended when they are not in storage.

PART 16Consumer Fireworks

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of consumer fireworks (type F.1) and regulates their use. Division 1 sets out rules for sellers, while Division 2 sets out rules for users.

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    distributor

    distributeur

    distributor means a person who sells consumer fireworks to other distributors or to retailers, whether or not they sell to users. (distributeur)

    licence

    licence

    licence means a licence that authorizes the storage of consumer fireworks. (licence)

    retailer

    détaillant

    retailer means a person, other than a distributor, who sells consumer fireworks. (détaillant)

    seller

    vendeur

    seller means a distributor or a retailer. (vendeur)

    user

    utilisateur

    user means a person who acquires consumer fireworks for use. (utilisateur)

  • Marginal note:Storage

    (2) For the purposes of this Part, consumer fireworks are stored in a sales establishment if they are

    • (a) inside the sales establishment, whether or not they are in a Footnote *storage unit or displayed for sale;

    • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

    • (c) in a licensed magazine that is either inside or outside the establishment.

Marginal note:Consumer fireworks quantity

 A reference to a mass of consumer fireworks in this Part is a reference to their gross mass (the mass of the fireworks plus the mass of any packaging or container).

Marginal note:Prohibition on use

 Except as authorized by this Part, it is prohibited for a person to use consumer fireworks.

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell consumer fireworks if they hold a licence. A distributor who acquires consumer fireworks must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell consumer fireworks, whether or not they hold a licence. A retailer who acquires consumer fireworks must comply with this Division.

Sales Establishment

Marginal note:No sale from dwelling

 A seller must not sell consumer fireworks from a dwelling.

Marginal note:Unobstructed exits

 A seller must ensure that their sales establishment has at least two unobstructed exits, that all aisles containing consumer fireworks are at least 1.2 m wide and that the aisles are not blocked at either end.

Marginal note:Retail sales establishment
  •  (1) The sales establishment of a retailer who does not hold a licence may be permanent (located in a permanent structure) or temporary (located in a tent, trailer or other temporary shelter).

  • Marginal note:Requirements

    (2) Whether the establishment is permanent or temporary, the retailer must ensure that

    • (a) the sales establishment is protected from unauthorized access when it is not open for business; and

    • (b) all places where consumer fireworks are stored, whether inside or outside the establishment, must be at least 100 m from all above-ground storage tanks for flammable substances in bulk and at least 8 m from the following:

      • (i) fuel dispensers at a fuel dispensing station,

      • (ii) retail propane-dispensing tanks and cylinders,

      • (iii) above-ground storage tanks for flammable substances, and

      • (iv) dispensing facilities for compressed natural gas.

  • Marginal note:Temporary sales establishment

    (3) If the sales establishment is temporary, the retailer must also ensure that

    • (a) all places where consumer fireworks are stored, whether inside or outside the establishment, are at least 8 m from all flammable materials, sources of ignition, thoroughfares, buildings or other temporary sales establishments and at least 3 m from any vehicle parking area;

    • (b) the fireworks areFootnote *attended at all times; and

    • (c) if the sales establishment is a tent, the tent is made from flame-retardant material.

  • SOR/2016-75, s. 28(A).

Storage

Marginal note:Storage — licence holder
  •  (1) A seller who holds a licence must store all their consumer fireworks in the magazine specified in their licence and ensure that the requirement of section 343 is met.

  • Marginal note:Storage — unlicensed retailer

    (2) A retailer who does not hold a licence must store their consumer fireworks in a sales establishment other than a dwelling and ensure that the requirements of sections 343 to 349 are met.

Marginal note:Handling

 Consumer fireworks may be handled by a buyer only after they have been sold, unless they are in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

Marginal note:Non-aerial fireworks
  •  (1) Non-aerial fireworks (flares, fountains, snakes, ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they are

    • (a) kept behind a sales counter;

    • (b) locked up (for example, in a cabinet);

    • (c) in consumer packs that meet the requirements of section 345; or

    • (d) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

  • Marginal note:Aerial fireworks

    (2) Aerial fireworks may be displayed for sale only if they are

  • Marginal note:Non-aerial and aerial fireworks

    (3) Non-aerial and aerial fireworks may be displayed for sale only if they are displayed in accordance with section 346.

  • SOR/2013-211, s. 506;
  • SOR/2016-75, s. 29.
Marginal note:Adequate consumer pack

 For the purposes of this Part, a consumer pack must meet the following requirements:

  • (a) it must be of sufficient strength to withstand normal handling;

  • (b) it must be designed so that it prevents a person who is handling it from being able to ignite the consumer fireworks it contains; and

  • (c) it must be designed so that it prevents any shifting of the consumer fireworks during handling or transportation; and

  • (d) the Footnote *product name of all consumer fireworks in the pack must be printed on it, along with the words “Non-aerial Fireworks/Pièces pyrotechniques non aériennes”, in a location that is clearly visible.

  • SOR/2016-75, s. 39.
Marginal note:Requirements for display

 When consumer fireworks are displayed for sale, the following requirements must be met:

  • (a) non-aerial fireworks in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

  • (b) aerial fireworks in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

  • (c) all other fireworks, whether aerial or non-aerial, must be separated into lots of 25 kg or less;

  • (d) each lot must be separated from the other lots by a fire break;

  • (e) the fireworks must be kept away from flammable substances and sources of ignition;

  • (f) the fireworks must not be exposed to heat or dampness that might cause them to deteriorate;

  • (g) the fireworks must be separated from the ceiling and from any fire prevention system by at least 0.6 m;

  • (h) only people authorized by the retailer may have access to the area behind a sales counter;

  • (i) smoking must be prohibited within 8 m of the fireworks; and

  • (j) the fireworks must be Footnote *attended when the sales establishment is unlocked.

Marginal note:Exception

 Sections 343 to 346 do not apply to sparklers and toy pistol caps.

Marginal note:Maximum quantity
  •  (1) No more than 1 000 kg of consumer fireworks may be stored in a sales establishment at any one time, including fireworks that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg may be stored at any one time, including fireworks that are displayed for sale.

  • Marginal note:Place of storage

    (2) Consumer fireworks that are not displayed for sale must be stored in a Footnote *storage unit.

Marginal note:Storage requirements — storage unit

 When consumer fireworks are stored in a Footnote *storage unit,

  • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

  • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

  • (c) if the storage unit is a container, it must not impede exit in case of fire;

  • (d) if the storage unit is not a container, all exits must be kept unobstructed;

  • (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal);

  • (f) nothing other than consumer fireworks may be stored in the storage unit;

  • (g) the storage unit must be Footnote *attended when it is unlocked;

  • (h) the storage unit must be kept clean, dry, organized and free of grit;

  • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

  • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

  • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Sale

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more consumer fireworks to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more consumer fireworks to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell only to users.

Marginal note:Copy of rules
  •  (1) A distributor who sells consumer fireworks to a retailer must offer the retailer a copy of this Division.

  • Marginal note:Table

    (2) A seller who sells consumer fireworks to a user must offer the user either a copy of the table at the end of this Part or a document that includes the same information.

  • Marginal note:Exception

    (3) Subsection (2) does not apply to the sale of toy pistol caps.

Marginal note:Record of sale

 A seller must keep a record of every sale of 150 kg or more of consumer fireworks for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the Footnote *product name of each firework sold and the name of the person who obtained its authorization;

  • (d) the quantity of fireworks sold under each Footnote *product name;

  • (e) in the case of a sale by a distributor, an indication of whether the fireworks were purchased for re-sale or for use; and

  • (f) the date of the sale.

  • SOR/2016-75, s. 39.

DIVISION 2Rules for Users

Acquisition and Storage

Marginal note:Acquisition
  •  (1) A user who is at least 18 years old may acquire, store and use consumer fireworks, whether or not they hold a licence. A user who acquires consumer fireworks must comply with this Division.

  • Marginal note:Toy pistol caps

    (2) A user who is less than 18 years old may acquire and use toy pistol caps.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their consumer fireworks in the magazine specified in the licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their consumer fireworks in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 356 and 357 are met.

Marginal note:Maximum quantity — dwelling
  •  (1) The maximum quantity of consumer fireworks that may be stored at any one time in a dwelling is 10 kg.

  • Marginal note:Maximum quantity — storage unit

    (2) The maximum quantity of consumer fireworks that may be stored at any one time in Footnote *storage units, whether in a single unit or in several, is 1 000 kg.

Marginal note:Storage requirements — dwelling
  •  (1) When consumer fireworks are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When consumer fireworks are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be unobstructed;

    • (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than consumer fireworks may be stored in the storage unit;

    • (g) the storage unit must be Footnote *attended when it is unlocked;

    • (h) the storage unit must be kept clean, dry, organized and free of grit;

    • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Use

Marginal note:Instructions
  •  (1) When using consumer fireworks, a user must follow the instructions of the person who obtained their authorization. If there are no such instructions, the fireworks must not be used.

  • Marginal note:Electric match

    (2) A user must not use an electric match to fire fireworks.

  • Marginal note:No smoking

    (3) A user must not smoke, and must prohibit all others from smoking, within 8 m of the site of use of the fireworks.

  • SOR/2016-75, s. 30.
Marginal note:User under 18 years old
  •  (1) A user who is under the age of 18 may use consumer fireworks if they are supervised by a person who is at least 18 years old.

  • Marginal note:Supervision

    (2) A person who acquires consumer fireworks may give them to a user who is under the age of 18 if the person ensures that the user is supervised by a person who is at least 18 years old.

  • Marginal note:Toy pistol caps

    (3) The supervision requirement in subsections (1) and (2) does not apply in respect of toy pistol caps.

TABLE/TABLEAU

IMAGESUSING CONSUMER FIREWORKSUTILISATION DE PIÈCES PYROTECHNIQUES À L’USAGE DES CONSOMMATEURS
Part 16 of the Explosives Regulations, 2013 provides additional safety rules for consumer fireworks.La partie 16 du Règlement sur les explosifs prévoit des règles de sécurité additionnelles.
This image illustrates the rule that follows.
PEOPLE UNDER 18 YEARS OLD who use fireworks must be supervised by an adult.LES PERSONNES DE MOINS DE 18 ANS qui utilisent des pièces pyrotechniques doivent le faire sous la surpervision d’un adulte.
This image illustrates the rule that follows.
CHOOSE a wide, clear site away from all obstacles. Refer to the safety instructions on the fireworks label for minimum distances from spectators.CHOISIR un emplacement spacieux, bien dégagé et loin de tout obstacle. Consulter les consignes de sécurité sur l’étiquette des pièces pyrotechniques pour connaître les distances minimales entre les pièces et les spectateurs.
This image illustrates the rule that follows.
DO NOT FIRE IN WINDY CONDITIONS.NE PAS METTRE À FEU LES PIÈCES PYROTECHNIQUES PAR TEMPS VENTEUX.
This image illustrates the rule that follows.
READ all instructions on the fireworks. PLAN the order of firing before you begin.LIRE toutes les instructions sur les pièces pyrotechniques. DÉTERMINER l’ordre de mise à feu avant de débuter.
This image illustrates the rule that follows.
USE A GOOD FIRING BASE such as a pail filled with earth or sand.UTILISER UNE BONNE BASE DE MISE À FEU, tel un seau, remplie de terre ou de sable.
This image illustrates the rule that follows.
BURY fireworks that do not have a base HALFWAY in a container of earth or sand (such as a pail, box or wheelbarrow) unless the label on the firework indicates otherwise. Set them at a 10-degree angle, pointing away from people.ENFOUIR À MOITIÉ les pièces pyrotechniques qui ne possèdent pas de base dans un contenant (par exemple, un seau, une boîte ou une brouette) renfermant du sable ou de la terre, sauf indication contraire sur l’étiquette. Les installer à un angle de 10 degrés et les pointer en direction opposée des spectateurs.
This image illustrates the rule that follows.
NEVER try to light a firework or hold a lit firework in your hand unless the instructions of the person who obtained its authorization indicate that they are designed to be hand-held.NE JAMAIS tenir dans la main des pièces pyrotechniques qui sont allumées ou que vous tentez d’allumer, sauf si les instructions de la personne qui a obtenu l’autorisation des pièces indiquent qu’elles sont conçues pour être tenues dans la main.
This image illustrates the rule that follows.
LIGHT CAREFULLY: Always light the fuse at its tip.ALLUMER PRUDEMMENT : toujours allumer la mèche à l’extrémité.
This image illustrates the rule that follows.
KEEP WATER NEARBY: Dispose of used fireworks (including debris) in a pail of water.GARDER DE L’EAU À PORTÉE DE LA MAIN : mettre les pièces pyrotechniques utilisées et les débris dans un seau d’eau.
This image illustrates the rule that follows.
WAIT at least 30 minutes before approaching a firework that did not go off. NEVER try to RELIGHT a firework that did not go off. NEVER try to fix a firework that is defective.ATTENDRE au moins 30 minutes avant de s’approcher d’une pièce pyrotechnique dont la mise à feu n’a pas fonctionné. NE JAMAIS tenter de RALLUMER une pièce pyrotechnique dont la mise à feu n’a pas fonctionné. NE JAMAIS tenter de réparer une pièce pyrotechnique qui est défectueuse.
This image illustrates the rule that follows.
KEEP fireworks in a cool, dry, ventilated place, out of the reach of children.CONSERVER les pièces pyrotechniques dans un endroit frais, sec, aéré et hors de la portée des enfants.
This image illustrates the rule that follows.
IT IS RECOMMENDED that safety glasses be worn.IL EST RECOMMANDÉ de porter des lunettes de sécurité.
  • SOR/2016-75, s. 31.

PART 17Special Effect Pyrotechnics

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of special effect pyrotechnics and regulates their use. Division 1 sets out rules for sellers. Division 2 sets out rules for users and other acquirers and indicates how to obtain a fireworks operator certificate.

Marginal note:Definitions

 The following definitions apply in this Part.

black powder

poudre noire

black powder means an explosive classified as type P.1. (poudre noire)

licence

licence

licence means a licence that authorizes the storage of the type of pyrotechnics to be sold or acquired. (licence)

propellant powder

poudre propulsive

propellant powder means black powder and smokeless powder. (poudre propulsive)

pyrotechnic event

activité pyrotechnique

pyrotechnic event means an event at which special effect pyrotechnics are used and includes a film or television production in which special effect pyrotechnics are used. (activité pyrotechnique)

special effect pyrotechnics

pièce pyrotechnique à effets spéciaux

special effect pyrotechnics means, in addition to any explosive classified as type F.3, the following types of explosive if they will be used to produce a special effect in a film or television production or a performance before a live audience:

  • (a) fireworks accessories (type F.4);

  • (b) black powder and hazard category PE 1 black powder substitutes (type P.1);

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

  • (d) initiation systems (type I) (for example, blasting accessories); and

  • (e) detonating cord (type E.1). (pièce pyrotechnique à effets spéciaux)

smokeless powder

poudre sans fumée

smokeless powder means an explosive classified as type P.2. (poudre sans fumée)

special purpose pyrotechnics

pièce pyrotechnique à usage particulier

special purpose pyrotechnics means special effect pyrotechnics that are combined with a flammable liquid, solid or gas to produce custom-made special effects. (pièce pyrotechnique à usage particulier)

user

utilisateur

user means a person who acquires special effect pyrotechnics for use, which includes setting them up and firing them. (utilisateur)

Marginal note:Pyrotechnics quantity

 A reference to the mass of a special effect pyrotechnic in this Part is a reference to its gross mass (the mass of the pyrotechnic plus the mass of any packing or container) except in the case of propellant powder, where it is a reference to its net quantity (the mass of the powder excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance).

Marginal note:Prohibition on use

 Except as authorized by this Part, it is prohibited for a person to use special effect pyrotechnics.

DIVISION 1Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition

 A seller may acquire, store and sell special effect pyrotechnics if they hold a licence. A seller who acquires special effect pyrotechnics must comply with this Division.

Marginal note:Storage
  •  (1) A seller must store their special effect pyrotechnics in the magazine specified in their licence.

  • Marginal note:Electric matches

    (2) A seller must not store electric matches in a magazine in which other special effect pyrotechnics are stored.

Marginal note:No display for sale

 A seller must not display special effect pyrotechnics for sale.

Marginal note:Transfer of powder

 A seller must not transfer propellant powder from one container to another for the purpose of sale unless their licence authorizes them to do so.

Sale

Marginal note:Certificate required
  •  (1) A seller may sell special effect pyrotechnics only to a buyer who holds the fireworks operator certificate that is required for use of the pyrotechnics that are to be bought.

  • Marginal note:Licence and certificate required

    (2) A seller may sell initiation systems or detonating cord only to a buyer who holds a licence and a fireworks operator certificate (special effects pyrotechnician — detonating cord).

  • Marginal note:Exception

    (3) Despite subsection 1, a seller may sell flash cotton, flash paper, flash string, sparkle string or propellant powder to a buyer who holds neither a licence nor a fireworks operator certificate.

  • Marginal note:Licence required

    (4) A seller may sell special effect pyrotechnics to a buyer who is not a user only if the buyer holds a licence.

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more special effect pyrotechnics to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more special effect pyrotechnics to an unlicensed buyer than the buyer is authorized by this Part to store.

Marginal note:Identification
  •  (1) Before selling special effect pyrotechnics, the seller must require the buyer to establish their identity by showing either

    • (a) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the user; or

    • (b) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address.

  • Marginal note:Comparison

    (2) If the buyer provides a piece of identification that bears a photograph, the seller must, before selling the special effect pyrotechnics, ensure that the photograph is that of the buyer.

Marginal note:Record of sale

 A seller must keep a record of every sale of special effect pyrotechnics for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address;

  • (b) if applicable, the number and expiry date of the buyer’s licence and, if applicable, the number and expiry date of the buyer’s fireworks operator certificate;

  • (c) the type and Footnote *product name of each special effect pyrotechnic sold and the name of the person who obtained its authorization;

  • (d) the quantity of special effect pyrotechnics sold under each Footnote *product name;

  • (e) a short description of the effects of any Footnote *explosive article sold;

  • (f) the size of the container in which any propellant powder was sold; and

  • (g) the date of the sale.

  • SOR/2016-75, s. 39.

DIVISION 2Rules for Users and Other Acquirers

SUBDIVISION aUsers without a Licence or Certificate

Flash Cotton, Flash Paper, Flash String and Sparkle String

Marginal note:Acquisition

 A user who holds neither a fireworks operator certificate nor a licence may acquire, store and use flash cotton, flash paper, flash string and sparkle string.

Marginal note:Storage

 A user who acquires flash cotton, flash paper, flash string or sparkle string must store it in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 374, 382 and 383 are met.

Marginal note:Maximum quantity

 No more than 200 g of flash cotton, 1 kg of flash paper, 200 g of flash string and 200 g of sparkle string may be stored at any one time.

Percussion Caps and Propellant Powder Used in Historical Re-enactments

Marginal note:Acquisition
  •  (1) A user who holds neither a fireworks operator certificate nor a licence may acquire, store and use percussion caps and propellant powder, if the caps and powder are acquired for use in original or reproduction firearms in an historical re-enactment.

  • Marginal note:Requirements for use

    (2) A user who acquires percussion caps and propellant powder for an historical re-enactment

    • (a) must have the written approval of the Footnote *local authority to hold the re-enactment or must be under the supervision of a person who has that approval; and

    • (b) must have experience in the safe use of explosives in historical re-enactments, have completed a course on this use certified by the Minister or be under the supervision of a person who has that experience or has completed such a course.

  • SOR/2016-75, s. 38.
Marginal note:Storage

 A user must store their percussion caps and propellant powder in a dwelling or in a Footnote *storage unit and ensure that the requirements of sections 377 to 380, 382 and 383 are met.

Marginal note:Percussion caps
  •  (1) Percussion caps must be stored in their original packaging.

  • Marginal note:Smokeless powder

    (2) Smokeless powder must be stored in its original container or in Footnote *small arms cartridges.

  • Marginal note:Black powder

    (3) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches.

Marginal note:Detached dwellings or site of use

 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, in a Footnote *storage unit attached to a detached dwelling or in a storage unit at the site of use is 25 kg, of which no more than 10 kg may be black powder.

Marginal note:Other dwellings — smokeless powder
  •  (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a Footnote *storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

    • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

  • Marginal note:Other dwellings — black powder

    (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 1 kg, if the black powder is in containers; or

    • (b) 3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.

Marginal note:Detached storage unit

 The maximum quantity of propellant powder that may be stored at any one time in Footnote *storage units that are not attached to a dwelling and are not at the site of use, whether in a single unit or in several, is 75 kg.

Pyrotechnics Used in Student Training

Marginal note:Student in training

 A user who holds neither a fireworks operating certificate nor a licence and who is taking a college or university course on special effect pyrotechnics that is certified by the Minister may, during their training and while under the supervision of a holder of a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician), use any special effect pyrotechnics that their supervisor is authorized to use.

  • SOR/2016-75, s. 38.

Storage

Marginal note:Storage requirements — dwelling
  •  (1) When special effect pyrotechnics are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When special effect pyrotechnics are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than special effect pyrotechnics may be stored in the storage unit;

    • (g) propellant powder, firework accessories and other special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden partition);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Marginal note:Storage — site of use
  •  (1) When special effect pyrotechnics are stored in a Footnote *storage unit at the site of use, the unit must be made from, or lined with, a non-sparking material, marked with the words “Pyrotechnics/Pièces pyrotechniques” and kept locked. Nothing other than special effect pyrotechnics may be stored in the storage unit.

  • Marginal note:Location of storage unit

    (2) The storage unit must be kept away from other flammable substances and sources of ignition and in an area that is not accessible to the public.

Use

Marginal note:Instructions
  •  (1) A user must, when using special effect pyrotechnics, follow the instructions of the person who obtained their authorization.

  • Marginal note:Prohibited use

    (2) A user must not use special effect pyrotechnics if they show any signs of deterioration (for example, discoloration or a vinegary smell).

  • Marginal note:Electric match

    (3) A user must not use an electric match to ignite flash cotton, flash paper, flash string or sparkle string.

  • SOR/2016-75, s. 32.

SUBDIVISION bOther Acquirers Without a Certificate

Marginal note:License holder

 A person who does not hold a fireworks operator certificate may acquire and store special effect pyrotechnics if they hold a licence. They must store their special effect pyrotechnics in the magazine specified in their licence.

SUBDIVISION cUsers with a Certificate

Fireworks Operator Certificates

Marginal note:Types of certificate

 The fireworks operator certificates issued by the Minister that are required for the use of special effect pyrotechnics are the following:

  • (a) fireworks operator certificate (pyrotechnician);

  • (b) fireworks operator certificate (senior pyrotechnician);

  • (c) fireworks operator certificate (special effects pyrotechnician);

  • (d) fireworks operator certificate (special effects pyrotechnician — detonating cord); and

  • (e) fireworks operator certificate (visitor pyrotechnician).

  • SOR/2016-75, s. 38.

Qualifications to Obtain a Certificate

Marginal note:Pyrotechnician
  •  (1) To obtain a fireworks operator certificate (pyrotechnician), a person must successfully complete the special effects pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Senior pyrotechnician

    (2) To obtain a fireworks operator certificate (senior pyrotechnician), a person must have acted as a pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3 and propellant powder.

  • Marginal note:Special effects pyrotechnician

    (3) To obtain a fireworks operator certificate (special effects pyrotechnician), a person must have acted as a senior pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3, propellant powder and special purpose pyrotechnics.

  • Marginal note:Special effects pyrotechnician — detonating cord

    (4) To obtain a fireworks operators certificate (special effects pyrotechnician — detonating cord), a person must have a fireworks operator certificate (special effects pyrotechnician) and must be able to safely use initiation systems and detonating cords.

  • Marginal note:Visitor pyrotechnician

    (5) To obtain a fireworks operator certificate (visitor pyrotechnician), a person must reside outside Canada and have the necessary experience using special effect pyrotechnics to safely carry out the activities of a holder of a fireworks operator certificate (pyrotechnician).

  • SOR/2016-75, s. 38.

Application

Marginal note:Application for certificate — pyrotechnician
  •  (1) An applicant for a fireworks operator certificate (pyrotechnician) 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 and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of pyrotechnicians to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months; and

    • (d) proof that the applicant has successfully completed the pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Proof of course completion

    (2) An applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.

  • Marginal note:Application — senior pyrotechnician and special effects pyrotechnician

    (3) An applicant for a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician) 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 and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of pyrotechnicians to which the applicant belongs;

    • (c) the number and expiry date of the applicant’s fireworks operator certificate;

    • (d) a photograph of the applicant taken within the previous 12 months;

    • (e) a copy of the applicant’s work journal that sets out

      • (i) the date and place of each pyrotechnic event at which the applicant has worked and the types of explosives used,

      • (ii) the capacity in which the applicant acted at each pyrotechnic event, and

      • (iii) the name of the applicant’s supervisor at each pyrotechnic event; and

    • (f) three letters of recommendation.

  • Marginal note:Other certificates

    (4) An applicant for one of the following certificates must provide the information and documents referred to in subsection (3) and, in addition, must

    • (a) for a fireworks operator certificate (senior pyrotechnician), establish that they have acted as a pyrotechnician for two years and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3 and propellant powder;

    • (b) for a fireworks operator certificate (special effects pyrotechnician), establish that they have acted as a senior pyrotechnician for two years and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3, propellent powder and special purpose pyrotechnics; and

    • (c) for a fireworks operator certificate (special effects pyrotechnician — detonating cord), establish that they have acted as a special effects pyrotechnician for two years and submit a letter from a supervisor which attests that the applicant is able to safely use initiation systems and detonating cords.

  • Marginal note:Application — visitor pyrotechnician

    (5) An applicant for a fireworks operator certificate (visitor pyrotechnician) 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 and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of pyrotechnicians to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months;

    • (d) a copy of the applicant’s resumé which sets out the Footnote *pyrotechnic events at which they have used special effect pyrotechnics and the people and organizations for which they have worked;

    • (e) a list of the pyrotechnic events in which they plan to participate in Canada and the dates of the events; and

    • (f) the name, telephone number and number of the fireworks operator certificate of the pyrotechnician in charge at each event in which they plan to participate.

  • Marginal note:Fees

    (6) An applicant for a fireworks operator certificate or a modification to or change of a certificate must pay the applicable fees set out in Part 19.

  • SOR/2016-75, s. 38.

Acquisition and Storage

Marginal note:Acquisition

 A user may acquire and store special effect pyrotechnics, whether or not they hold a licence, if they hold the fireworks operator certificate required for use of the pyrotechnics to be acquired. However, a user who does not hold a licence must not acquire initiation systems or detonating cords. A user who acquires special effect pyrotechnics must comply with this subdivision.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their special effect pyrotechnics in the magazine specified in their licence.

  • Marginal note:Exception

    (2) Despite subsection (1), a user who holds a licence may store up to 500 electric matches and up to 25 kg of other special effect pyrotechnics in a dwelling or a Footnote *storage unit. A user who does so must ensure that the requirements of sections 393 to 397 are met.

Marginal note:Storage — unlicensed user

 A user who does not hold a licence must store their special effect pyrotechnics in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 392 to 397 are met.

Marginal note:Maximum quantity

 No more than 500 electric matches and 25 kg of other special effect pyrotechnics may be stored at any one time.

Marginal note:Smokeless powder
  •  (1) Smokeless powder must be stored in its original container or in small arms cartridges.

  • Marginal note:Black powder

    (2) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches.

Marginal note:Detached dwelling

 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a Footnote *storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.

Marginal note:Other dwellings — smokeless powder
  •  (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is

    • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

    • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

  • Marginal note:Other dwellings — black powder

    (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is

    • (a) 1 kg, if the black powder is in containers; and

    • (b) 3 kg less any quantity that is in containers, if the black powder is in Footnote *small arms cartridges or black powder cartouches.

Marginal note:Detached storage unit

 The maximum quantity of propellant powder that a user may store at any one time in a Footnote *storage unit that is not attached to a dwelling, whether in a single unit or in several, is 75 kg.

Marginal note:Storage requirements — dwelling
  •  (1) When special effects pyrotechnics are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the pyrotechnics from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When special effect pyrotechnics are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than special effect pyrotechnics may be stored in the storage unit;

    • (g) propellant powder, firework accessories and other special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden partition);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Marginal note:Storage — site of use
  •  (1) Despite sections 393 to 397, a pyrotechnician in charge of a pyrotechnic event may store up to 5 kg of special effect pyrotechnics in a Footnote *storage unit at the site of use if they comply with this section.

  • Marginal note:Maximum quantity

    (2) Of the 5 kg of special effect pyrotechnics that may be stored in the storage unit, no more than 3 kg may be propellant powder.

  • Marginal note:Storage requirements — storage unit

    (3) The storage unit must be made from, or lined with, a non-sparking material, marked with the words “Pyrotechnics/Pièces pyrotechniques” and kept locked, away from flammable substances and sources of ignition in an area that is not accessible to the public. Nothing other than special effects pyrotechnics may be stored in the storage unit.

  • Marginal note:Storage — in magazine

    (4) Special effect pyrotechnics that are not stored in a locked storage unit must be stored in a magazine.

  • Marginal note:Pyrotechnics to be attended

    (5) Special effect pyrotechnics must be Footnote *attended when they are not in a storage unit or a magazine.

Use

Marginal note:Pyrotechnician and visitor pyrotechnician

 A user who holds a fireworks operator certificate (pyrotechnician) or a fireworks operator certificate (visitor pyrotechnician) may use the following explosives:

  • (a) explosives that are classified as type F.3 and whose use by pyrotechnicians or visitor pyrotechnicians has been authorized by the Chief Inspector of Explosives under section 32 or 33 as well as all fireworks accessories;

  • (b) smokeless powder;

  • (c) explosives classified as type F.3, other than those referred to in paragraph (a), and black powder, but only under the direct supervision of a senior pyrotechnician or special effects pyrotechnician;

  • (d) special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; and

  • (e) initiation systems and detonating cord, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

Marginal note:Senior pyrotechnician

 A user who holds a fireworks operator certificate (senior pyrotechnician) may use the following explosives:

  • (a) explosives classified as type F.3, fireworks accessories, black powder and smokeless powder;

  • (b) special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; and

  • (c) initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

Marginal note:Special effects pyrotechnician
  •  (1) A user who holds a fireworks operator certificate (special effects pyrotechnician) may

    • (a) assemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; and

    • (b) use initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

  • Marginal note:Special effects pyrotechnician — detonating cord

    (2) A user who holds a fireworks operator certificate (special effects pyrotechnician — detonating cord) may

    • (a) assemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; and

    • (b) use initiation systems and detonating cords.

Supervision of a Pyrotechnic Event

Marginal note:Pyrotechnician in charge
  •  (1) Every organizer of a pyrotechnic event must ensure that the event is supervised by a pyrotechnician in charge.

  • Marginal note:Responsibilities

    (2) The pyrotechnician in charge must ensure that the event is carried out safely and that the requirements of sections 403 to 408 are complied with.

Marginal note:Plan
  •  (1) A pyrotechnic event plan must be prepared in writing and kept for two years after the date of the pyrotechnic event. The plan must include the following information:

    • (a) the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate;

    • (b) a description of the site of the event, including the placement of the special effect pyrotechnics, the proximity of the audience and the location of every exit, every storage area for the pyrotechnics and every smoke detector that may be triggered by the pyrotechnics used in the event;

    • (c) the type and Footnote *product name of each special effect pyrotechnic that will be used and name of the person who obtained its authorization;

    • (d) a description of each special effect pyrotechnic;

    • (e) the anticipated height, duration and fallout effect of the effects of each special effect pyrotechnic;

    • (f) a description of the anticipated effects of each special purpose pyrotechnic;

    • (g) the method and sequence of firing the special effect pyrotechnics; and

    • (h) an assessment of the likelihood of harm to people or property resulting from the use of the special effect pyrotechnics.

  • Marginal note:Approval

    (2) The plan must be submitted to the Footnote *local authority. The written approval of the local authority to hold the pyrotechnic event must be obtained before the event takes place.

  • Marginal note:Safety meetings

    (3) Meetings must be held with the people who will participate in presenting the pyrotechnic event (for example, security guards, artists and technicians) to inform them of the special effect pyrotechnics that will be used and the safety precautions to be taken during the event. Subsequent meetings must be held if the event is changed in a way that increases the likelihood of harm to people or property resulting from the use of the pyrotechnics.

  • SOR/2016-75, s. 39.
Marginal note:Danger zone
  •  (1) A danger zone must be established, taking into account the properties of the special effect pyrotechnics to be used, how they will be positioned, the instructions of the person who obtained their authorization, the weather conditions if the pyrotechnic event is to be held outdoors and the likelihood of harm to people or property resulting from the use of the pyrotechnics.

  • Marginal note:Flammables

    (2) The danger zone must not contain any flammables or other items that are likely to catch fire.

  • Marginal note:Access

    (3) Only people authorized by the pyrotechnician in charge may enter or be in the danger zone from the time any special effect pyrotechnics are brought into the zone until the pyrotechnician in charge declares the zone to be free of explosives.

  • Marginal note:No smoking

    (4) Smoking must be prohibited in the danger zone.

  • SOR/2016-75, s. 33.
Marginal note:Fire prevention and first aid

 During the pyrotechnic event, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.

Marginal note:Instructions
  •  (1) When setting up and firing the special effect pyrotechnics, the instructions of the person who obtained their authorization must be followed.

  • Marginal note:Firing unit

    (2) Only the pyrotechnician in charge, or a person designated by the pyrotechnician in charge, may have access to the firing unit.

  • Marginal note:Physical keying device

    (3) The pyrotechnician in charge, or a person designated by the pyrotechnician in charge, must have control of any physical keying device at all times.

  • Marginal note:Safety interlock

    (4) The firing unit must be equipped with a safety interlock that has at least two steps.

  • Marginal note:Extraneous electricity

    (5) Precautions that minimize the likelihood of extraneous electricity igniting an electric match must be taken.

  • Marginal note:Device attached to body

    (6) Any device that is used to contain special effect pyrotechnics and is hand-held or attached to a person’s body must be equipped with a firing system that has two switches.

  • Marginal note:Connecting to power supply

    (7) A firing unit must not be connected to a power supply except during a test of circuit continuity or immediately before a special effect pyrotechnic is to be fired. The circuit continuity tester must be current-limited and intrinsically safe so as to eliminate the possibility of an ignition of any pyrotechnic.

  • Marginal note:Devices

    (8) Any device that is used to contain special effect pyrotechnics must be

    • (a) designed and manufactured to prevent fragmentation or distortion of the device;

    • (b) designed and manufactured to prevent or contain fragmentation of the pyrotechnics;

    • (c) mounted so as to prevent any change in position or direction when used;

    • (d) positioned and secured in a manner that minimizes the likelihood of harm to people and property; and

    • (e) maintained in good condition.

  • Marginal note:Damaged pyrotechnics

    (9) Special effect pyrotechnics that are damaged, leaking, damp or contaminated must not be used.

  • Marginal note:No firing

    (10) A special effect pyrotechnic must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.

  • Marginal note:Postponing or stopping event

    (11) A pyrotechnic event must be postponed or stopped if unfavourable weather conditions develop, a special effect pyrotechnic malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.

  • SOR/2016-75, s. 34.
Marginal note:Firing unit disconnected
  •  (1) The firing unit must be disconnected immediately after the pyrotechnic event, as well as during a pause in the event if keeping the unit connected could increase the likelihood of harm to people or property. When a unit is disconnected, any physical keying device must be removed and kept in the possession of the pyrotechnician in charge or a person designated by the pyrotechnician in charge.

  • Marginal note:Misfired pyrotechnics

    (2) Misfired special effect pyrotechnics must not be approached until at least

    • (a) one minute after firing, if the firing was initiated by an electric match; and

    • (b) 30 minutes after firing, if the firing was initiated by other means.

  • Marginal note:Precautions

    (3) Precautions that minimize the likelihood of harm to people and property from misfired special effect pyrotechnics must be taken.

  • Marginal note:Search

    (4) As soon as the circumstances permit after the periods referred to in subsection (2), the site of the pyrotechnic event must be searched and all explosives must be removed from the site.

  • Marginal note:Access

    (5) After the event, only people designated to do a search by the pyrotechnician in charge may enter or be in the danger zone until the pyrotechnician in charge declares the zone to be free of explosives.

Marginal note:Logbook of events

 A record of the pyrotechnic event must be made in a logbook that sets out the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded event. The record must include the following information and documents:

  • (a) a copy of the pyrotechnic event plan prepared for the event;

  • (b) a copy of the Footnote *local authority’s approval to hold the event;

  • (c) the name and address of every person who worked at the event under the supervision of the pyrotechnician in charge; and

  • (d) a description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with.

Marginal note:Record of licence holder

 When a pyrotechnic event is held on behalf of a licence holder, the holder must keep a record of the event for two years after the date of the event. The record must include the following information and documents:

  • (a) the licence holder’s name and address and the number and expiry date of their licence;

  • (b) the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate;

  • (c) a copy of the Footnote *local authority’s approval to hold the event;

  • (d) the type and Footnote *product name of each special effect pyrotechnic used and the name of the person who obtained its authorization;

  • (e) the quantity used under each Footnote *product name; and

  • (f) the date and site of the event.

  • SOR/2016-75, s. 39.

PART 18Display Fireworks

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of display fireworks (type F.2) and their accessories and regulates their use. Division 1 sets out rules for sellers and users of display fireworks and fireworks accessories, including how to obtain a fireworks operator certificate. Division 2 sets out additional rules for display fireworks that are firecrackers.

Marginal note:Definitions

 The following definitions apply in this Part.

licence

licence

licence means a licence that authorizes the storage of display fireworks and their accessories. (licence)

user

utilisateur

user means a person who acquires display fireworks or their accessories for use, which includes setting them up and firing them. (utilisateur)

Marginal note:Quantity of display fireworks

 A reference to a mass of display fireworks or their accessories in this Part is a reference to their gross mass (the mass of the fireworks plus the mass of any packaging or container).

Marginal note:Use prohibited

 Except as authorized by this Part, it is prohibited for a person to use display fireworks or their accessories.

DIVISION 1Display Fireworks

Definition of fireworks

 In this Division, fireworks means display fireworks and fireworks accessories that are used with display fireworks.

SUBDIVISION aRules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition

 A seller may acquire, store and sell fireworks if they hold a licence. A seller who acquires fireworks must comply with this Division.

Marginal note:Storage
  •  (1) A seller must store their fireworks in the magazine specified in their licence.

  • Marginal note:Electric matches

    (2) A seller must not store electric matches in a magazine in which other fireworks are stored.

Marginal note:No display for sale

 A seller must not display fireworks for sale.

Sale

Marginal note:Authorized buyers

 A seller may sell fireworks only to

  • (a) a person who holds a licence; or

  • (b) a user who holds the fireworks operator certificate that is required for use of the fireworks to be bought and who provides the seller with a copy of a Footnote *local authority’s approval to hold the fireworks display in which the fireworks will be used.

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more fireworks to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed buyer

    (2) A seller must not sell more fireworks to an unlicensed buyer than the buyer is authorized by the Footnote *local authority to store or the quantity set out in section 426, whichever is less.

Marginal note:Record of sale

 A seller must keep a record of every sale of fireworks for two years after the date of the sale. The record must include the following information and documents:

  • (a) the buyer’s name and address;

  • (b) the number and expiry date of their licence or fireworks operator certificate;

  • (c) a copy of a Footnote *local authority’s approval to hold the fireworks display in which the fireworks will be used;

  • (d) the type and Footnote *product name of each firework sold and the name of the person who obtained its authorization;

  • (e) the quantity of fireworks sold under each Footnote *product name; and

  • (f) the date of the sale.

  • SOR/2016-75, s. 39.

SUBDIVISION bRules for Users

Fireworks Operator Certificates

Marginal note:Types of certificates

 The certificates issued by the Minister that are required for the use of fireworks are the following:

  • (a) fireworks operator certificate (display assistant);

  • (b) fireworks operator certificate (display supervisor);

  • (c) fireworks operator certificate (display supervisor with endorsement); and

  • (d) fireworks operator certificate (display visitor).

  • SOR/2016-75, s. 38.

Qualifications to Obtain a Certificate

Marginal note:Display assistant
  •  (1) To obtain a fireworks operator certificate (display assistant), a person must successfully complete the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Display supervisor

    (2) To obtain a fireworks operator certificate (display supervisor), a person must have acted as a display assistant in at least three fireworks displays within five years after the date on which the applicant completed the display fireworks safety and legal awareness course or its equivalent.

  • Marginal note:Display supervisor with endorsement

    (3) To obtain a fireworks operator certificate (display supervisor with endorsement), a person must hold a fireworks operator certificate (display supervisor) and must either

    • (a) successfully complete an advanced safety course, certified by the Minister, on the fireworks or display sites covered by the endorsement; or

    • (b) demonstrate to the Minister that, working under the direct supervision of a display supervisor in charge, they have obtained the necessary experience to safely carry out the activities covered by the endorsement.

  • Marginal note:Display visitor

    (4) To obtain a fireworks operator certificate (display visitor), a person must reside outside Canada and must have the experience necessary to safely carry out the activities of a holder of a fireworks operator certificate (display assistant).

  • SOR/2016-75, ss. 38, 44(F).

Application

Marginal note:Applying for certificate
  •  (1) An applicant for a fireworks operator certificate (display assistant) 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 and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of fireworks operators to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months; and

    • (d) proof that the applicant has successfully completed the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Late submission of proof

    (2) An applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.

  • Marginal note:Display supervisor

    (3) An applicant for a fireworks operator certificate (display supervisor) 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 and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of fireworks operators to which the applicant belongs;

    • (c) the number and expiry date of the applicant’s fireworks operator certificate;

    • (d) a photograph of the applicant taken within the previous 12 months;

    • (e) a copy of the applicant’s work journal that sets out

      • (i) the date and place of each fireworks display at which the applicant has worked and a description of the fireworks used,

      • (ii) the capacity in which the applicant acted at each fireworks display, and

      • (iii) the name of the display supervisor in charge at each fireworks display; and

    • (f) a letter of recommendation.

  • Marginal note:Endorsements

    (4) In an application for a fireworks operator certificate (display supervisor with endorsement), in addition to providing the information and documents referred to in subsection (3), the applicant must establish that they have acted as a display supervisor in charge in at least three fireworks displays within the previous five years and,

    • (a) for a large shell endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of large shells and which attests that the applicant is able to safely use the shells;

    • (b) for a nautical effects endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of nautical effects and which attests that the applicant is able to safely use the effects;

    • (c) for a flying saucer endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of flying saucers and which attests that the applicant is able to safely use flying saucers;

    • (d) for a rooftop site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a rooftop and which attests that the applicant is able to safely fire from a rooftop site;

    • (e) for a bridge site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a bridge and which attests that the applicant can safely fire from a bridge site;

    • (f) for a flatbed site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a flatbed and which attests that the applicant can safely fire from a flatbed site; or

    • (g) for a floating platform site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display in which the applicant was trained to fire fireworks from a floating platform and which attests that the applicant can safely fire from a floating platform site.

  • Marginal note:Display visitor

    (5) An applicant for a fireworks operator certificate (display visitor) 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 and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of fireworks operators to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months;

    • (d) a copy of the applicant’s resumé that sets out the displays in which they have used display fireworks and the people and organizations for which they have worked;

    • (e) a list of the fireworks displays in which they plan to participate while in Canada and the dates of the events; and

    • (f) the name, telephone number and number of the fireworks operator certificate of the supervisor in charge at each fireworks display in which they plan to participate.

  • Marginal note:Fees

    (6) An applicant for a fireworks operator certificate or for a modification to, or change of, a certificate must pay the applicable fees set out in Part 19.

  • SOR/2016-75, s. 38.

Acquisition and Storage

Marginal note:Acquisition

 A user may acquire fireworks, whether or not they hold a licence, if they hold the fireworks operator certificate required for the use of the fireworks to be acquired. A user who acquires fireworks must comply with this Division.

Marginal note:Storage — licence holder
  •  (1) A user who holds a licence must store their fireworks in the magazine specified in their licence.

  • Marginal note:Electric matches

    (2) A user must not store electric matches in a magazine in which other fireworks are stored.

Marginal note:Storage — display supervisor in charge

 A user who is the display supervisor in charge of a display, whether or not they hold a licence, may store the fireworks to be used in a display –– to a maximum of 500 electric matches and 125 kg of other fireworks — in a Footnote *storage unit if they obtain the written approval of the Footnote *local authority to do so. The user must ensure that the requirements in section 427 are met.

Marginal note:Storage requirements — storage unit

 When fireworks are stored in a Footnote *storage unit,

  • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

  • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

  • (c) if the storage unit is a container, it must not impede exit in case of fire;

  • (d) if the storage unit is not a container, all exits must be kept unobstructed;

  • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

  • (f) nothing other than Footnote *explosives classified as type F may be stored in the storage unit;

  • (g) electric matches must be stored separately from other explosives (for example, on different shelves or separated by a wooden partition);

  • (h) the storage unit must be Footnote *attended when it is unlocked;

  • (i) the storage unit must be kept clean, dry, organized and free of grit;

  • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

  • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

  • (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Use

Marginal note:Display assistant and display visitor

 A user may use fireworks if they hold a fireworks operator certificate (display assistant) or a fireworks operator certificate (display visitor) and use them under the direct supervision of the display supervisor in charge.

Marginal note:Display supervisor
  •  (1) A user may use fireworks other than aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) and fire them from a site other than a rooftop, bridge, flatbed or floating platform.

  • Marginal note:Endorsement required

    (2) A user may

    • (a) use aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement; and

    • (b) fire fireworks from a rooftop site, bridge site, flatbed site or floating platform site if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement.

SUBDIVISION cSupervision of a Fireworks Display

Definition of firing site

 In this subdivision, firing site means the area within a display site where the fireworks are set up and fired.

Marginal note:Display supervisor in charge
  •  (1) Every person who organizes a fireworks display must ensure that it is supervised by a display supervisor in charge.

  • Marginal note:Responsibilities

    (2) The display supervisor in charge must ensure that the display is carried out safely and that the requirements in sections 432 to 438 are met.

Marginal note:Plan
  •  (1) A fireworks display plan must be prepared in writing and kept for two years after the date of the display. The plan must include the following information:

    • (a) the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate;

    • (b) the location of any Footnote *storage units in which the fireworks to be displayed will be stored before or after the display;

    • (c) a description of the display site, including the distance in metres from the firing site to the nearest spectators, buildings, structures and Footnote *vulnerable sites;

    • (d) the type and Footnote *product name of each firework to be used and the name of the person who obtained its authorization;

    • (e) the quantity of fireworks to be used under each Footnote *product name;

    • (f) a description of how the fireworks will be positioned within the firing site and how they will be fired;

    • (g) a description of the crowd-control measures that will be taken; and

    • (h) an assessment of the likelihood of harm to people and property resulting from the use of the fireworks.

  • Marginal note:Approval

    (2) The plan must be submitted to the Footnote *local authority. The written approval of the local authority to hold the fireworks display must be obtained before the display takes place.

  • Marginal note:Safety meetings

    (3) Meetings must be held with all people who will participate in presenting the fireworks display (for example, security guards and technicians) to inform them of the fireworks that will be used and the safety precautions to be taken during the display. Subsequent meetings must be held if the display is changed in a way that increases the likelihood of harm to people or property resulting from the use of the fireworks.

  • SOR/2016-75, s. 39.
Marginal note:Fireworks to be attended

 The fireworks must be Footnote *attended when they are not in a Footnote *storage unit or a magazine.

Marginal note:Danger zone
  •  (1) When the fireworks are brought to the firing site, a danger zone must be established whose outer boundary is at least 30 m from the perimeter of the firing site. A smaller danger zone may be established only with the written approval of the Footnote *local authority.

  • Marginal note:Flammables

    (2) The danger zone must not contain any flammables or other items that are likely to catch fire.

  • Marginal note:Fallout zone

    (3) Before the continuity of the circuits is tested or, in the case of manually fired fireworks, before the first firework is fired, a fallout zone must be established that encompasses the area in which fireworks debris is likely to fall, taking into account the properties of the fireworks to be used, the angle from which they will be fired and the anticipated weather conditions.

  • Marginal note:Access

    (4) Only people authorized by the display supervisor in charge may enter or be in the danger zone or the fallout zone from the time any fireworks are brought into the zone until the supervisor in charge declares the zone to be free of Footnote *explosives.

  • Marginal note:Handling

    (5) Only a person who holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor), fireworks operator certificate (display supervisor with endorsement) or fireworks operator certificate (display visitor) may handle fireworks in the danger zone or fallout zone.

  • Marginal note:No smoking

    (6) Smoking must be prohibited in the danger zone.

  • SOR/2016-75, s. 35.
Marginal note:Fire prevention and first aid

 During the fireworks display, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.

Marginal note:Firing procedures
  •  (1) Fireworks must be positioned and aimed so that after firing they will not cross over or burst directly above the spectators and any debris from the fireworks will fall within the fallout zone.

  • Marginal note:Aerial shells

    (2) When aerial shells are fired,

    • (a) the mortars and mortar racks that are used to fire the shells must be robust, in sound condition and otherwise safe and effective;

    • (b) the mortars and mortar racks must be assembled, arranged and secured in a manner that minimizes the likelihood of harm to people and property if there is a premature explosion of a shell;

    • (c) any support structures must be secured so that they do not fall over when a shell is fired; and

    • (d) multi-break shells in racks, report shells and shells with a diameter of more than 155 mm must be fired with electric matches.

  • Marginal note:Access to firing unit

    (3) Only the display supervisor in charge, or a person designated by the display supervisor in charge, may have access to a firing unit.

  • Marginal note:Physical keying device

    (4) The display supervisor in charge, or a person designated by the display supervisor in charge, must have control of any physical keying device at all times.

  • Marginal note:Safety interlock

    (5) All firing units must be equipped with a safety interlock that has at least two steps.

  • Marginal note:Extraneous electricity

    (6) Precautions must be taken that minimize the likelihood of extraneous electricity igniting an electric match.

  • Marginal note:Connecting to power supply

    (7) A firing unit must not be connected to a power supply except during a test of circuit continuity or immediately before fireworks are to be fired. The circuit continuity tester must be current-limited and intrinsically safe so as to eliminate any possibility of an ignition.

  • Marginal note:Damaged fireworks

    (8) Fireworks that are damaged, leaking, damp or contaminated must not be used.

  • Marginal note:No firing

    (9) Fireworks must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.

  • Marginal note:Postponing or stopping display

    (10) A fireworks display must be postponed or stopped if unfavourable weather conditions develop, a firework malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.

Marginal note:Firing unit disconnected
  •  (1) The firing unit must be disconnected immediately after the fireworks display as well as during a pause in the display if keeping the unit connected could increase the likelihood of harm to people or property. When a unit is disconnected, any physical keying device must be removed and kept in the possession of the display supervisor in charge or a person designated by the display supervisor in charge.

  • Marginal note:Electrical firing

    (2) The firing site must not be approached until 30 minutes after the display has ended if any fireworks used in the display were fired with an electric match.

  • Marginal note:Manual firing

    (3) Misfired fireworks must not be approached until 30 minutes after the display has ended if the fireworks used in the display were manually fired.

  • Marginal note:Precautions

    (4) Precautions must be taken that minimize the likelihood of harm to people and property from misfired fireworks.

  • Marginal note:Search

    (5) As soon as the circumstances permit after the periods referred to in subsections (2) and (3), the fallout zone must be searched and all Footnote *explosives must be removed.

  • Marginal note:Access

    (6) After the display, only people designated to do a search by the display supervisor in charge may enter or be in the fallout zone until the display supervisor in charge declares the zone to be free of explosives.

  • Marginal note:Second search

    (7) The fallout zone must be searched more thoroughly as soon as light and weather conditions permit.

  • SOR/2016-75, s. 36(E).
Marginal note:Record of use

 A record of the display must be made in a logbook that sets out the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded display. The record must include the following information and documents:

  • (a) a copy of the fireworks display plan prepared for the display;

  • (b) a copy of the Footnote *local authority’s approval to hold the display;

  • (c) the name and address of every person who worked at the display under the supervision of the display supervisor in charge; and

  • (d) a description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with.

Marginal note:Record of licence holder

 When a fireworks display is held on behalf of a licence holder, the licence holder must keep a record of the display for two years after the date of the display. The record must include the following information and documents:

  • (a) the licence holder’s name and address and the number and expiry date of the licence;

  • (b) a copy of the Footnote *local authority’s approval to hold the display;

  • (c) the name of the display supervisor in charge and the number and expiry date of their fireworks operators certificate;

  • (d) the Footnote *product name and diameter of each firework used and the name of the person who obtained its authorization;

  • (e) the quantity of fireworks used under each Footnote *product name; and

  • (f) the date and site of the display.

  • SOR/2016-75, s. 39.

DIVISION 2Firecrackers

SUBDIVISION aRules for Sellers

Marginal note:Sale

 A seller may sell firecrackers to a buyer who provides the seller with a copy of their firecracker use certificate. However, the quantity of firecrackers sold must not exceed the quantity that the buyer is authorized by their certificate to use.

Marginal note:Record of sale

 A seller must keep a record of every sale of firecrackers for two years after the date of the sale. The record must include the following information and documents:

  • (a) the buyer’s name and address;

  • (b) a copy of the buyer’s firecracker use certificate;

  • (c) the quantity of firecrackers sold; and

  • (d) the date of the sale.

Marginal note:Unused or misfired firecrackers

 A seller must accept any unused or misfired firecrackers that are returned.

SUBDIVISION bRules for Users

Firecracker Use Certificate

Marginal note:Certificate

 To obtain a firecracker use certificate, a person must demonstrate to the Minister that they are able to safely use firecrackers and that precautions will be taken that minimize the likelihood of harm to people and property resulting from their use.

  • SOR/2016-75, s. 38.
Marginal note:Application for certificate

 An applicant for a firecracker use certificate 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 applicant’s name, date of birth, address and telephone number;

  • (b) a description of their past experience using firecrackers;

  • (c) the quantity of firecrackers that the applicant intends to use and the time, date and site of use;

  • (d) a copy of the Footnote *local authority’s written approval to use the firecrackers; and

  • (e) a description of the safety precautions that will be taken when using the firecrackers.

Acquisition and Storage

Marginal note:Acquisition

 A user may acquire, store and use firecrackers, whether or not they hold a licence, if they hold a firecracker use certificate. A user who acquires firecrackers must comply with this subdivision.

Marginal note:Storage — licensed user
  •  (1) A user who holds a licence must store their firecrackers in the magazine specified in the licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their firecrackers in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 447 and 448 are met.

Marginal note:Maximum quantity

 No more than five cases of firecrackers — not exceeding 16 000 firecrackers per case — may be stored at any one time.

Marginal note:Storage requirements — dwelling
  •  (1) When firecrackers are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the firecrackers against theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When firecrackers are stored in a Footnote *storage unit,

    • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

    • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

    • (c) if the storage unit is a container, it must not impede exit in case of fire;

    • (d) if the storage unit is not a container, all exits must be kept unobstructed;

    • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than firecrackers may be stored in the storage unit;

    • (g) the storage unit must be Footnote *attended when it is unlocked;

    • (h) the storage unit must be kept clean, dry, organized and free of grit;

    • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Use

Marginal note:Approval required
  •  (1) Before using firecrackers, a user must obtain written approval from the Footnote *local authority.

  • Marginal note:Precautions

    (2) When using firecrackers, the user must take the following precautions:

    • (a) non-flammable clothing and protective equipment that minimizes the likelihood of harm to the user must be worn; and

    • (b) at least one fire extinguisher with a capacity of at least 3–A :60–B:C must be easily accessible.

  • Marginal note:Misfired firecrackers

    (3) A user must remove any misfired firecrackers from the site of use as soon as the circumstances permit after the display.

  • Marginal note:Firecrackers to be returned

    (4) A user must return all misfired and unused firecrackers to the seller as soon as the circumstances permit after the date of use specified in the firecracker certificate.

PART 19Fees

Marginal note:Overview

 This Part sets out the fees payable for obtaining authorizations, permits, licences and certificates.

Marginal note:Definitions

 The following definitions apply in this Part.

distribution establishment

établissement de distribution

distribution establishment has the same meaning as in section 144. (établissement de distribution)

division 1 factory licence

licence de fabrique de la section 1

division 1 factory licence has the same meaning as in section 55. (licence de fabrique de la section 1)

manufacturing certificate

certificat de fabrication

manufacturing certificate has the same meaning as in section 106. (certificat de fabrication)

mobile process unit

unité de fabrication mobile

mobile process unit has the same meaning as in section 56. (unité de fabrication mobile)

process unit

unité de fabrication

process unit has the same meaning as in section 56. (unité de fabrication)

retail establishment

établissement de vente au détail

retail establishment has the same meaning as in section 144. (établissement de vente au détail)

user magazine licence

licence de poudrière (utilisateur)

user magazine licence has the same meaning as in section 144. (licence de poudrière (utilisateur))

user magazine zone licence

licence de poudrière (utilisateur-zone)

user magazine zone licence has the same meaning as in section 144. (licence de poudrière (utilisateur-zone))

vendor magazine licence

licence de poudrière (vendeur)

vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

Marginal note:NEQ

 In this Part, NEQ means net explosive quantity (the mass of the Footnote *explosive excluding the mass of any packaging or container).

Marginal note:Fees
  •  (1) The fees to be paid for obtaining the authorizations, licences, permits and certificates set out in column 1 of the table to this section are set out in column 2.

  • Marginal note:Payment deadline

    (2) The fees are payable at the time the application is submitted. However, the fees referred to in items 1 and 3 of the table are payable within 30 days after the date of the invoice from the Department of Natural Resources.

    TABLE

    Column 1Column 2
    ItemAuthorization, Permit, Licence or CertificateFees
    Authorization of an Footnote for TABLE *explosive:
    1Authorization for an indefinite period

    $12 for each explosive, subject to a minimum fee per application of $125 and a maximum fee of $2,500 per year, plus

    • (a) for an explosive Footnote for TABLE *manufactured in Canada, $4 per year for each Footnote for TABLE *explosive substance and each group of Footnote for TABLE *explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $1,250 per year, and

    • (b) for an explosive manufactured outside Canada, $15 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $2,500 per year

    2Authorization for a specified period, for use other than at a tour or international competition$150
    3Authorization for a specified period for use at a tour or international competition$500 for each Footnote for TABLE *pyrotechnic event or fireworks display, subject to a maximum fee of $2,500 for events or displays that are part of the same tour or international competition
    Permit to import explosives:
    4Single use permit$160
    5Annual permit

    $160 plus $20 for each 1 000 kg NEQ imported, subject to a maximum fee of $1,300, calculated

    • (a) on the basis of the estimated maximum quantity to be imported during the year, for an initial application, and

    • (b) on the basis of the quantity imported during the most recent year of importation, for any subsequent application

    Factory licence:
    6Initial division 1 factory licence to manufacture blasting or military explosives

    Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of

    • (a) $800 for each process unit,

    • (b) $800 for each mobile process unit,

    • (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and

    • (d) $225 for each detonator magazine

    7Renewal of a division 1 factory licence to manufacture blasting or military explosives

    Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of

    • (a) $575 for each process unit,

    • (b) $575 for each mobile process unit,

    • (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and

    • (d) $225 for each detonator magazine

    8Division 1 factory licence to manufacture any other explosives, and any other factory licence

    Subject to a minimum fee of $800 and a maximum fee of $3,000, the total of

    • (a) $800 for each process unit, and

    • (b) $17 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQ

    Vendor magazine licence:
    9Vendor magazine licence to store high explosives or initiation systems

    The total of

    • (a) $25 for each 1 000 kg NEQ of storage limit increment of each magazine other than a detonator magazine, and

    • (b) $275 for each detonator magazine

    10Vendor magazine licence to store any other explosives
    • (a) $140 for each retail establishment;

    • (b) $350 for each distribution establishment; and

    • (c) $700 for each distribution establishment that repackages explosives

    User magazine licence:
    11User magazine licence to store high explosives or initiation systems, other than high explosives and initiation systems stored by law enforcement agencies$140 per magazine, subject to a minimum fee of $280
    12User magazine zone licence to store high explosives or initiation systems$200 per magazine, subject to a minimum fee of $400
    13User magazine licence to store any other explosives, other than explosives stored by law enforcement agencies$70
    Manufacturing certificate:
    14Certificate to manufacture blasting explosives$200 per month, subject to a minimum fee of $800 and a maximum fee of $1,600
    15Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at a blast site$800
    16Any other manufacturing certificate$75
    Fireworks operator certificate:
    17Initial certificate$150
    18Modification to or change of certificate$100
    19Renewal of certificate$100

PART 20Restricted Components

Marginal note:Overview

 This Part prescribes components of explosives for the purpose of the definition restricted component in section 2 of the Explosives Act, restricts the acquisition and sale of those components and sets out the requirements for their sale and storage.

Marginal note:Definitions

 The following definitions apply in this Part.

component seller

vendeur de composants

component seller means a person who is included on the component sellers list. (vendeur de composants)

component sellers list

liste des vendeurs de composants

component sellers list means the list of component sellers that is compiled by the Chief Inspector of Explosives under subsection 462(1). (liste des vendeurs de composants)

product seller

vendeur de produits

product seller means a person who is included on the product sellers list. (vendeur de produits)

product sellers list

liste des vendeurs de produits

product sellers list means the list of product sellers that is compiled by the Chief Inspector of Explosives under subsection 463(1). (liste des vendeurs de produits)

restricted component product

produit de composant d’explosif limité

restricted component product means a product, other than an Footnote *explosive, that contains or is made from a restricted component. (produit de composant d’explosif limité)

sell

vendre

sell includes offer for sale. (vendre)

Components and Activities

Marginal note:Prescribed components
  •  (1) The following components are prescribed for the purpose of the definition restricted component in section 2 of the Explosives Act:

    • (a) ammonium nitrate in solid form at a concentration of at least 28% nitrogen;

    • (b) hydrogen peroxide at a concentration of at least 30%;

    • (c) nitromethane, UN number 1261;

    • (d) potassium chlorate, UN number 1485;

    • (e) potassium perchlorate, UN number 1489;

    • (f) sodium chlorate in solid form, UN number 1495;

    • (g) nitric acid at a concentration of at least 75%;

    • (h) potassium nitrate, UN number 1486;

    • (i) potassium nitrate and sodium nitrate mixture, UN number 1499; and

    • (j) sodium nitrate in solid form, UN number 1498.

  • Marginal note:Sale restricted

    (2) The components set out in subsection (1) may be sold only by a person who is authorized by this Part to sell restricted components.

  • Marginal note:Acquisition restricted

    (3) The components set out in subsection (1) may be acquired for the purpose of manufacturing restricted component products for sale only by a person who is authorized by this Part to acquire restricted components for that purpose.

Authorized Sale and Acquisition

Marginal note:Sale — use in laboratories
  •  (1) Any person may sell a restricted component for use in a laboratory that is part of or affiliated with

    • (a) a post-secondary educational institution recognized by a province;

    • (b) a hospital or health clinic; or

    • (c) a government or law enforcement agency.

  • Marginal note:Sale

    (2) A component seller may sell a restricted component. A component seller who acquires a restricted component for sale must comply with this Part.

Marginal note:Acquisition — product sellers

 A product seller may acquire a restricted component for the purpose of manufacturing restricted component products for sale. A product seller who acquires a restricted component must comply with this Part.

Marginal note:Acquisition — others

 Any person may acquire a restricted component for a purpose other than manufacturing restricted component products for sale.

Component Sellers and Product Sellers Lists

Marginal note:Application — component seller
  •  (1) An applicant for inclusion on the component sellers list 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 applicant’s name, address, telephone number, fax number and email address;

    • (b) the restricted components to be sold;

    • (c) the address of each location where a restricted component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and

    • (d) the name, address, telephone number, fax number and email address of a contact person for each location where a restricted component will be stored or sold.

  • Marginal note:Security plan

    (2) If ammonium nitrate is to be sold, the application must also include a declaration that a security plan has been prepared for each location where ammonium nitrate will be stored or sold. The plan must include

    • (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and an indication of the title of the person who will be responsible for ensuring that each procedure is followed;

    • (b) a description of the measures to be taken to control access to the ammonium nitrate, including control of keys;

    • (c) a description of the measures to be taken to control access to sales records;

    • (d) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock; and

    • (e) a description of the measures to be taken to ensure that the sale of ammonium nitrate will be refused if the quantity requested is not proportional to the buyer’s needs or if the component seller or their employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

Marginal note:Application — product seller
  •  (1) An applicant for inclusion on the product sellers list 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 applicant’s name, address, telephone number, fax number and email address;

    • (b) the Footnote *product name of each restricted component product to be sold;

    • (c) a list of the restricted components that will be used in manufacturing the products;

    • (d) the address of each location where a restricted component will be stored and the storage capacity for each component at each location; and

    • (e) the name, address, telephone number, fax number and email address of a contact person for each location where a restricted component will be stored.

  • Marginal note:Security plan

    (2) If ammonium nitrate is to be stored, the application must include a declaration that a security plan has been prepared for each location where ammonium nitrate will be stored. The plan must include

    • (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and an indication of the title of the person who will be responsible for ensuring that each procedure is followed;

    • (b) a description of the measures to be taken to control access to the ammonium nitrate, including control of keys; and

    • (c) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock.

  • SOR/2016-75, s. 39.
Marginal note:Listing of component seller
  •  (1) If an applicant provides the information required by section 460, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.

  • Marginal note:Duration of listing

    (2) A listing is effective for five years after the date that is set out in the document.

Marginal note:Listing of product seller
  •  (1) If an applicant provides the information required by section 461, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.

  • Marginal note:Duration of listing

    (2) A listing is effective for five years after the date that is set out in the document.

Marginal note:Notice of change

 Every component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

Rules for Component Sellers and Product Sellers

Restricted Components Other Than Ammonium Nitrate

Marginal note:Application

 Sections 466 to 476 apply to all restricted components except ammonium nitrate.

Marginal note:Responsibilities of component seller and product seller

 Every component seller must ensure that the requirements of sections 467 to 476 are met at each location where they store or sell a restricted component. Every product seller must ensure that the requirements of sections 467 to 471 are met at each location where they store a restricted component.

Marginal note:Authorized location

 A restricted component may only be stored in or sold from a location that has been disclosed in an application or in a notice of change referred to in section 464.

Marginal note:Components to be locked up
  •  (1) A restricted component must be locked up when it is not Footnote *attended.

  • Marginal note:Sign

    (2) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a restricted component is stored.

  • Marginal note:Access

    (3) Access to a restricted component must be limited to people authorized by the component seller or product seller, as the case may be.

Marginal note:Employee list

 A list of the employees who work at each location where a restricted component is stored or sold must be kept at the location.

Marginal note:Stock management
  •  (1) A stock management system must be put in place to account for all restricted components that are under the control of the component seller or product seller.

  • Marginal note:Weekly inspection

    (2) Weekly inspections of the restricted components must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the date on which the record is made.

Marginal note:Theft or tampering

 If any theft or attempted theft of, or any tampering with, a restricted component is discovered,

  • (a) the local police force must be informed immediately;

  • (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and

  • (c) a written report of the incident must be submitted to the Chief Inspector as soon as the circumstances permit.

Marginal note:No sale
  •  (1) The sale of a restricted component must be refused if the seller has reasonable grounds to suspect that the component will be used for a criminal purpose.

  • Marginal note:Report

    (2) Every refusal to sell a restricted component as a result of complying with subsection (1) or section 476 must, within 24 hours after the refusal, be reported to the Chief Inspector of Explosives and to the local police force.

Marginal note:Identification

 Before a restricted component is sold, the buyer must be required to establish their identity by providing

  • (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate;

  • (b) if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; and

  • (c) in all other cases,

    • (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer,

    • (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address,

    • (iii) the buyer’s provincial pesticide licence,

    • (iv) proof of the buyer’s Canadian Wheat Board identification number,

    • (v) proof of the buyer’s Producteur Agricole number,

    • (vi) proof of the buyer’s Ontario Federation of Agriculture number,

    • (vii) the buyer’s business licence or proof of the buyer’s corporate registration, or

    • (viii) proof of the buyer’s registration under the Controlled Goods Regulations.

Marginal note:Intermediary

 A restricted component may be sold to a buyer who is unable to establish their identity in accordance with section 473 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number.

Marginal note:Record of sale
  •  (1) A record of each sale of a restricted component must be kept for two years after the date of the sale. The record must include the following information and documents:

    • (a) the buyer’s name, address and telephone number;

    • (b) the date of the sale;

    • (c) the bill of lading, sales receipt or similar document;

    • (d) the type of document provided under section 473 and the document’s reference number;

    • (e) the Footnote *product name and quantity of the component sold;

    • (f) an indication of whether the component was sold in bulk or in packages;

    • (g) if the component was sold in packages, the weight or volume of each package;

    • (h) a description of how the component will be used; and

    • (i) if the component was shipped, the date of reception and the quantity received.

  • Marginal note:Annual sales contract

    (2) In the case of a component seller who has entered into an annual sales contract with a buyer, the information required under paragraphs (1)(d) and (h) need only be recorded once in each calendar year.

  • Marginal note:Access

    (3) The record of sale must be kept locked up when it is not being used and must be made available only to a person who needs access to it in the course of their employment.

  • Marginal note:Exception

    (4) This section does not apply to a sale of the following restricted components if the quantity sold is no more than the quantity set out below:

    • (a) hydrogen peroxide, 1 L;

    • (b) nitromethane, 1 L;

    • (c) potassium chlorate, 1 kg;

    • (d) potassium perchlorate, 10 kg;

    • (e) sodium chlorate, 1 kg;

    • (f) nitric acid, 4 L;

    • (g) potassium nitrate, 25 kg; and

    • (h) sodium nitrate, 25 kg.

    Note: This exception for small sales of restricted components applies only to the requirement to keep records of sales.

  • SOR/2016-75, s. 39.
Marginal note:Responsibility of employee

 An employee of a component seller must not sell a restricted component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

Ammonium Nitrate

Marginal note:Application

 Sections 478 to 495 apply to ammonium nitrate.

Marginal note:Responsibilities of component seller and product seller

 Every component seller must ensure that the requirements of sections 479 to 495 are met at each location where they store or sell ammonium nitrate. Every product seller must ensure that the requirements of sections 479 to 488 are met at each location where they store ammonium nitrate.

Marginal note:Authorized location

 Ammonium nitrate may only be stored at or sold from a location that has been disclosed in an application or in a notice of change referred to in section 464.

Marginal note:Notice

 The local police force must be informed in writing of all locations where ammonium nitrate is to be stored or sold.

Marginal note:Locked structures
  •  (1) Any structure that contains ammonium nitrate and every door, window or other point of access to a building in which ammonium nitrate is stored must be locked when the ammonium nitrate is not Footnote *attended.

  • Marginal note:Key control plan

    (2) A key control plan must be prepared in writing and implemented.

  • Marginal note:Lighting

    (3) All main entrances to a building in which ammonium nitrate is stored must be lit at all times outside business hours.

Marginal note:Security plan

 The security plan of the component seller or the product seller, as the case may be, must be implemented and must be updated every 12 months.

Marginal note:Sign
  •  (1) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where ammonium nitrate is stored.

  • Marginal note:Access

    (2) Access to ammonium nitrate must be limited to people authorized by the component seller or product seller.

Marginal note:Employee list

 A list of the employees who work at each location where ammonium nitrate is stored or sold must be kept at the location.

Marginal note:Verification

 When ammonium nitrate is received,

  • (a) the quantity of ammonium nitrate that is received must be compared with the quantity that is recorded on the bill of lading;

  • (b) any signs of tampering with the vehicle or rail car in which the ammonium nitrate is shipped and any signs of attempted theft must be recorded, and the record must be kept for two years after the date on which it is made;

  • (c) the person from whom the ammonium nitrate was bought must be informed of any signs of tampering or attempted theft and of any loss that is not attributable to normal operations; and

  • (d) the cause of any loss of ammonium nitrate that is not attributable to normal operations must be recorded, and the record must be kept for two years after the date on which it is made.

Marginal note:Stock management
  •  (1) A stock management system must be put in place to account for all ammonium nitrate that is under the control of the component seller or product seller.

  • Marginal note:Audit

    (2) An annual inventory audit of the ammonium nitrate must be performed.

  • Marginal note:Weekly inspections

    (3) Weekly inspections of the ammonium nitrate must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the record is made.

Marginal note:Annual inventory

 For each calendar year, an inventory must be submitted to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The inventory must be submitted no later than March 31 of the year following the year of the inventory and must include the following information:

  • (a) the listing number of the component seller or product seller;

  • (b) a record of the ammonium nitrate that sets out, for each location where ammonium nitrate is stored or sold,

    • (i) the starting inventory,

    • (ii) the quantity of ammonium nitrate that was manufactured,

    • (iii) the quantity of ammonium nitrate that was acquired and the manner of acquisition;

    • (iv) the quantity of ammonium nitrate that was used, sold, exported, destroyed, stolen or lost, as the case may be,

    • (v) the year-end inventory, and

    • (vi) the historical normal range of loss that is due to loss of water or mechanical abrasion; and

  • (c) the name, address, telephone number, fax number and email address of the person who completed the form.

Marginal note:Theft or tampering

 If any theft or attempted theft of, or tampering with, ammonium nitrate is discovered,

  • (a) the local police force must be informed immediately; and

  • (b) a written report of the incident must be submitted to the Chief Inspector of Explosives within 24 hours after the discovery.

Marginal note:No sale
  •  (1) A sale of ammonium nitrate must be refused if

    • (a) the quantity requested is not proportional to the buyer’s needs; or

    • (b) the component seller or their employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

  • Marginal note:Report

    (2) Every refusal to sell ammonium nitrate as a result of complying with subsection (1) or section 495 must, within 24 hours after the refusal, be reported to the Chief Inspector of Explosives and to the local police force.

Marginal note:Identification

 Before ammonium nitrate is sold, the buyer must be required to establish their identity by providing

  • (a) if the buyer intends to use the ammonium nitrate to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate;

  • (b) if the buyer intends to sell the ammonium nitrate, proof that the buyer is included on the component sellers list; and

  • (c) in all other cases,

    • (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer,

    • (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address,

    • (iii) proof of the buyer’s provincial pesticide licence,

    • (iv) proof of the buyer’s Canadian Wheat Board identification number,

    • (v) proof of the buyer’s Producteur Agricole number,

    • (vi) proof of the buyer’s Ontario Federation of Agriculture number, or

    • (vii) proof of the buyer’s registration under the Controlled Goods Regulations.

Marginal note:Intermediary

 Ammonium nitrate may be sold to a buyer who is unable to establish their identity in accordance with section 490 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number.

Marginal note:Record of sale
  •  (1) A record of each sale of ammonium nitrate must be kept for two years after the date of the sale. The record must include the following information and documents:

    • (a) the buyer’s name, address and telephone number;

    • (b) the date of the sale;

    • (c) the bill of lading, sales receipt or similar document;

    • (d) the type of document provided under section 490 and the document’s reference number;

    • (e) the Footnote *product name and quantity of the ammonium nitrate sold;

    • (f) an indication of whether the ammonium nitrate was sold in bulk or in packages;

    • (g) if the ammonium nitrate was sold in packages, the weight or volume of each package;

    • (h) a description of how the ammonium nitrate will be used;

    • (i) if the ammonium nitrate was shipped, the driver’s licence number, the estimated and actual date of delivery, the address to which it is delivered and the quantity received; and

    • (j) if delivery was made at the time of purchase, a receipt signed by the buyer including the information required under paragraphs (a) and (b) and (d) to (h).

  • Marginal note:Annual sales contract

    (2) In the case of a component seller who has entered into an annual sales contract with a buyer, the information required under paragraphs (1)(d) and (h) need only be recorded once in each calendar year.

  • Marginal note:Access

    (3) The record of sale must be kept locked up when it is not being used and must be made available only to a person who needs access to it in the course of their employment.

  • Marginal note:Exemption — records

    (4) This section does not apply if the quantity of ammonium nitrate sold is 1 kg or less.

    Note: This exception for small sales of ammonium nitrate applies only to the requirement to keep a record of sale.

  • SOR/2016-75, s. 39.
Marginal note:Shipping — vehicle
  •  (1) When more than 1 kg of ammonium nitrate is shipped by vehicle,

    • (a) each access point on the portion of the vehicle containing the ammonium nitrate must be locked or sealed with a security cable immediately after the shipment is loaded; and

    • (b) the driver of the vehicle must be provided with a written notice stating that

      • (i) the ammonium nitrate is to be Footnote *attended unless the vehicle is either parked in a secure location or the vehicle and load are locked,

      • (ii) the driver is to inspect all locks and, if seals are present, inspect all seals at each stop and at the final destination, and

      • (iii) the driver must immediately report to the component seller any signs of theft, attempted theft or tampering and any loss that is not attributable to normal operations.

  • Marginal note:Shipping — train

    (2) When ammonium nitrate is shipped by rail,

    • (a) each access point on the rail car containing the ammonium nitrate must be locked or sealed with a security cable immediately after the shipment is loaded; and

    • (b) a means must be in place to track the shipment on a daily basis until delivery occurs and to investigate if the shipment does not arrive at its destination.

Marginal note:Notice

 When ammonium nitrate is sold to a buyer who is not a component seller or product seller, the buyer must be provided with a written notice which states that

  • (a) security measures are to be taken to prevent the theft of ammonium nitrate;

  • (b) any sign of theft, attempted theft or tampering and any loss that is not attributable to normal operations must be immediately reported to the local police force; and

  • (c) the resale of ammonium nitrate is prohibited.

Marginal note:Responsibility of employee

 An employee of a component seller must refuse to sell ammonium nitrate if

  • (a) the quantity requested is not proportional to the buyer’s needs; or

  • (b) the employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

Suspension and Removal

Marginal note:Suspension
  •  (1) If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend them from the component sellers list or product sellers list. The suspension continues until the component seller or product seller remedies the failure to comply.

  • Marginal note:Removal

    (2) If a component seller or product seller fails to comply with the Explosives Act or these Regulations on more than one occasion, the Chief Inspector may remove them from the component sellers list or product sellers list.

Marginal note:Right to be heard
  •  (1) Before suspending or removing a component seller or product seller from the component sellers list or product sellers list, the Chief Inspector of Explosives must provide them with written notice of the reasons for the suspension or removal and its effective date, and give them an opportunity to provide reasons why the listing should not be suspended or cancelled.

  • Marginal note:Exception

    (2) However, a component seller or a product seller is suspended automatically and without notice if they fail to provide the annual inventory required under section 487.

Marginal note:Review
  •  (1) Within 15 days after the date of suspension or removal from the component sellers list or product sellers list, a component seller or product seller may send the Minister a written request for review of the decision of the Chief Inspector of Explosives to suspend or remove.

  • Marginal note:Minister’s decision

    (2) The Minister must confirm, revoke or amend the decision under review.

  • SOR/2016-75, ss. 38, 44(F).

Amendments to These Regulations

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Repeal

 [Repeals]

Coming into Force

Marginal note:February 1, 2014
  •  (1) Subject to subsections (2) and (3), these Regulations come into force on February 1, 2014.

  • Marginal note:February 1, 2015

    (2) The following provisions come into force on February 1, 2015:

    • (a) paragraphs 25(i) and (j);

    • (b) the definition secure storage site in subsection 44(1);

    • (c) sections 48 to 51;

    • (d) sections 174 to 185; and

    • (e) sections 499 to 501 and 506.

  • Marginal note:February 1, 2016

    (3) Sections 502 to 505, 507 and 508 come into force on February 1, 2016.

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