Explosives Act

Marginal note:Definitions

2 In this Act,

authorized explosive

authorized explosive means any explosive that is declared to be an authorized explosive in accordance with the regulations; (explosif autorisé)

Convention

Convention means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, concluded in Montreal on March 1, 1991, as amended from time to time; (Convention)

Department

Department means the Department of Natural Resources; (ministère)

detection agent

detection agent means any of the substances set out in the Table to Part 2 of the Technical Annex to the Convention; (agent de détection)

explosive

explosive means any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations; (explosif)

factory

factory means any building, structure, premises or land in or on which the manufacture or any part of the process of manufacture of an explosive is carried on, the site on which the building, structure or premises are situated, and all other buildings, structures or premises within such a site; (fabrique)

illicit manufacture

illicit manufacture means any activity that is prohibited under paragraph 6(1)(a) or (e); (fabrication illicite)

illicit trafficking

illicit trafficking means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive if

• (a) the importation or exportation is not authorized by the country of origin or the country of destination, or

• (b) the transportation in transit of the explosive through any country is not authorized by that country; (trafic illicite)

inspector

inspector means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive; (inspecteur)

licensed factory

licensed factory means a factory in respect of which a licence issued under section 7 is in force; (fabrique agréée)

licensed magazine

licensed magazine means a magazine in respect of which a licence issued under section 7 is in force; (poudrière agréée)

magazine

magazine means any building, storehouse, structure or place in which any explosive is kept or stored, but does not include

• (a) a place where an explosive is kept or stored exclusively for use at or in a mine or quarry in a province in which provision is made by the law of that province for efficient inspection and control of explosives stored and used at or in mines and quarries,

• (b) a vehicle in which an authorized explosive is being conveyed in accordance with this Act,

• (c) the structure or place in which is kept for private use, and not for sale, an authorized explosive to an amount not exceeding that authorized by regulation,

• (d) any store or warehouse in which are stored for sale authorized explosives to an amount not exceeding that authorized by regulation, or

• (e) any place at which the blending or assembling of the inexplosive component parts of an authorized explosive is allowed under section 8; (poudrière)

military device

military device has the meaning assigned to that expression by the regulations; (engin militaire)

Minister

Minister means the Minister of Natural Resources or such other Minister as the Governor in Council may designate; (ministre)

operator

operator includes the owner, manager or person in charge; (exploitants)

plastic explosive

plastic explosive means an explosive that

• (a) is formulated with one or more high explosives that in their pure form have a vapour pressure less than 10^-4 Pa at a temperature of 25^oC,

• (b) is formulated with a binder material, and

• (c) is, when mixed, malleable or flexible at normal room temperature; (explosif plastique)

restricted component

restricted component means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31); (composant d’explosif limité)

transit

transit means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination; (transit)

unmarked plastic explosive

unmarked plastic explosive means a plastic explosive that

• (a) does not contain a detection agent, or

• (b) at the time of manufacture, does not contain the required minimum concentration level of a detection agent as set out in the Table to Part 2 of the Technical Annex to the Convention; (explosif plastique non marqué)

vehicle

vehicle means any truck, automobile or other conveyance for use on land but does not include any vehicle running only on rails to which Part III of the Canada Transportation Act applies. (véhicules)