Explosives Regulations, 2013 (SOR/2013-211)

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

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).
 
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