Explosives Regulations, 2013 (SOR/2013-211)

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

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.

 
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