Explosives Regulations, 2013 (SOR/2013-211)

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

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.
 
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