Explosives Regulations, 2013 (SOR/2013-211)

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

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.
 
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