Explosives Regulations, 2013 (SOR/2013-211)

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

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.
 
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