Short Title

1 These Regulations may be cited as the Explosives Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Explosives Act; (Loi)

authorized explosive

authorized explosive means any explosive that is declared by the Chief Inspector to be an authorized explosive pursuant to section 22; (explosif autorisé)

Chief Inspector

Chief Inspector means a person appointed as Chief Inspector of Explosives in the manner authorized by law or a person authorized by the Minister to carry on the duties of the Chief Inspector of Explosives in his absence; (inspecteur en chef)

Department

Department means the Department of Energy, Mines and Resources; (ministère)

explosive

explosive means a substance that is made, manufactured or used to produce an explosion or detonation or a pyrotechnic effect and includes gunpowder, propellant powders, blasting agents, dynamite, detonating cord, lead azide, detonators, ammunition of all descriptions, rockets, fireworks, fireworks compositions, safety flares and other signals; (explosif)

factory

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

fireworks

fireworks includes fireworks composition and manufactured fireworks; (pièces pyrotechniques)

fireworks composition

fireworks composition means any chemical compound or mechanically mixed preparation of an explosive or inflammable nature that is used for the purpose of making any manufactured fireworks and is not included in any other class of explosives, and includes any star or coloured fire composition that is not manufactured fireworks; (composition pyrotechnique)

inspector

inspector means the Chief Inspector, an inspector of explosives, a deputy inspector of explosives and any other person who is directed by the Minister to inspect an explosive, a vehicle, factory or 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 6 of the Act is in force; (fabrique munie d’une licence)

licensed magazine

licensed magazine means a magazine in respect of which a licence issued under section 6 of the Act is in force; (poudrière autorisée)

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 transported in accordance with the provisions of the 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 these Regulations,

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

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

manufactured fireworks

manufactured fireworks means explosives of any class and any fireworks composition that is enclosed in any case or contrivance, or is otherwise manufactured or adapted for the production of pyrotechnic effects, pyrotechnic signals or sound signals; (pièces pyrotechniques fabriquées)

Minister

Minister means the Minister of Energy, Mines and Resources or such other Minister as the Governor in Council may from time to time designate; (ministre)

operator

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

process unit

process unit means, in respect of a factory, any building, room or place in which a manufacturing process or activity relating to explosives is carried out and for which a maximum personnel limit and a maximum explosives limit are specified in the factory licence; (unité de fabrication)

process vehicle

process vehicle means, in respect of a factory, a vehicle on which a manufacturing process or activity relating to explosives is carried out; (véhicule de fabrication)

safety cartridge

safety cartridge means a cartridge for any shotgun, gun, rifle, pistol, revolver and industrial gun the case of which can be extracted after firing and that is so closed as to prevent any explosion in one cartridge being communicated to another cartridge but does not include tracer, incendiary, high explosive or other similar military type cartridges; (cartouche de sûreté);

vehicle

vehicle means any truck, automobile or other conveyance for use on land but does not include any vehicle running only upon rails to which the Railway Act applies. (véhicule)

General

3 The following persons are hereby appointed deputy inspectors of explosives without remuneration:

• (a) any officer, non-commissioned officer or constable of the Royal Canadian Mounted Police, the Quebec Provincial Police or the Ontario Provincial Police, while serving as such;

• (b) any officer, non-commissioned officer or constable of a police force who

  • (i) has successfully completed any course given by the Canadian Police College or by the Institut de police du Québec that specializes in the investigation and destruction of explosives and explosive devices, and

  • (ii) is engaged in the investigation and destruction of explosives and explosive devices,

  while serving as such an officer, non-commissioned officer or constable; and

• (c) any person who has been appointed or authorized by the Commissioner of the Yukon Territory or the Commissioner of the Northwest Territories, whichever is applicable, to act as an inspector pursuant to

  • (i) the Mining Safety Ordinance of the Northwest Territories,

  • (ii) the Mining Safety Ordinance of the Yukon Territory,

  • (iii) the Explosives Use Ordinance of the Northwest Territories, or

  • (iv) the Blasting Ordinance of the Yukon Territory,

  while acting as such an inspector.

4 Nothing in these Regulations relieves any person of the obligation to comply with the requirements of any licence law or other law or by-law of any province or municipality, lawfully enacted, in respect of explosives and, in particular, in respect of the possession, storage, handling, sale or transportation thereof, or of any liability or penalty imposed by such law or by-law for any violation thereof.

5 Whenever, by these Regulations, any word, expression, precaution or instruction is required to be affixed to, printed on or otherwise displayed on any explosive or package containing an explosive, the word, expression, precaution or instruction shall be affixed, printed, or displayed in both the English language and the French language.

PART IClassification

6 Explosives are divided into seven classes, as follows:

7 When an explosive falls within the description of more than one class it shall be deemed to belong exclusively to the class with the highest number.

Class 1 — Gunpowder Class

• 8 (1) The gunpowder class includes

  • (a) the explosive ordinarily called gunpowder;

  • (b) preparations formed by the mechanical mixture of a nitrate with any form of carbon or with any carbonaceous substance not possessed of explosive properties, whether or not the preparation contains sulphur, and whether or not the preparation is mechanically mixed with any other non-explosive substance; and

  • (c) explosives containing a perchlorate that are not included in Classes 2, 3, 4 or 5.

• (2) The explosive described in paragraph (1)(a) shall form a subclass of the gunpowder class to be known as Division 1 of that class and the explosives described in paragraphs (1)(b) and (c) shall form a subclass of the gunpowder class to be known as Division 2.

Class 2 — Nitrate Mixture Class

9 The nitrate mixture class includes any blasting agent formed by the mechanical mixture of oxidizers with any form of carbon or carbonaceous substance, sulphur, metallic material or any fuel that, when tested in a manner satisfactory to the Chief Inspector, as packaged for shipment, is found to be insensitive to ignition or initiation.

Class 3 — Nitro-Compound Class

• 10 (1) Nitro-compound means any chemical compound that has explosive properties, or is capable of combining with metals to form an explosive compound, and is produced by the chemical action of nitric acid (whether mixed or not with sulphuric acid) or of a nitrate mixed with sulphuric acid upon any carbonaceous substance, whether such compound is mechanically mixed with other substances or not.

• (2) The nitro-compound class has two divisions, namely, Division 1 and Division 2.

• (3) Division 1 comprises such explosives as dynamite, blasting gelatine, cordite, forcite, gelatine dynamite, monobel, C-X-L-ite, blastol, and any chemical compound or mechanically mixed preparation that consists either wholly or partly of nitroglycerine, or of some other liquid nitro-compound.

• (4) Division 2 comprises such explosives as gun-cotton, nitro-cotton, picric acid, trinitrotoluene (T.N.T.), nitroguanidine, pentaerythritol tetranitrate (P.E.T.N.), and any nitro-compound that is not comprised in Division 1.

Class 4 — Chlorate Mixture Class

• 11 (1) Chlorate-mixture means any explosive containing a chlorate.

• (2) The chlorate-mixture class has two divisions, namely, Division 1 and Division 2.

• (3) Division 1 comprises any chlorate preparation that consists partly of nitroglycerine or of some other liquid nitro-compound.

• (4) Division 2 comprises any chlorate mixture that is not included in Division 1.

Class 5 — Fulminate Class

• 12 (1) Fulminate means any chemical compound or mechanical mixture, whether included in the foregoing classes or not, that by reason of its great susceptibility to detonation is suitable for employment in percussion caps or any other appliances for developing detonation, or that by reason of its extreme sensibility to explosion and its great instability (that is to say readiness to undergo decomposition from very slight exciting causes) is especially dangerous.

• (2) The fulminate class consists of two divisions, namely, Division 1 and Division 2.

• (3) Division 1 comprises such compounds as the fulminates of silver and of mercury, and preparations of these substances, any preparation consisting of a chlorate mixed with phosphorus or certain descriptions of phosphorus compounds, with or without the addition of carbonaceous matter; and any preparation consisting of a chlorate mixed with sulphur or with sulphide, with or without carbonaceous matter.

• (4) Division 2 comprises such substances as the chloride and the iodide of nitrogen, fulminating gold and silver, lead azide and lead styphnate.

Class 6 — Ammunition Class

• 13 (1) Ammunition means an explosive of any class when enclosed in a case or contrivance or otherwise adapted or prepared so as to form a cartridge or charge for small arms, cannon, any other weapon, or for blasting, or so as to form any safety or other fuse for blasting or shells, or so as to form any tube for firing explosives, or so as to form a percussion cap, detonator, shell, torpedo, war rocket or other contrivance other than a firework.

• (2) Percussion cap does not include a detonator.

• (3) Detonator means a capsule or case that is of such strength and construction, and contains an explosive of the fulminate class in such quantity that the explosion of one capsule or case will communicate the explosion to other like capsules or cases.

• (4) Safety fuse means a fuse for blasting that burns and does not explode, does not contain its own means of ignition, and is of such strength and construction and contains an explosive in such quantity that the burning of such fuse will not communicate laterally with other like fuses.

• (5) The ammunition class has three divisions, namely, Division 1, Division 2 and Division 3.

• (6) Division 1 comprises the following:

  • (a) safety cartridges;

  • (b) safety fuses; and

  • (c) percussion caps if the cap

    • (i) is a metal case or capsule,

    • (ii) has its composition protected by tin-foil or other suitable substance,

    • (iii) contains less than 40 milligrams of a composition of Division 1 of Class 5 (fulminate), of which not more than 25 per cent consists of fulminate of mercury or less than 35 milligrams of any other explosive of Division 1 of Class 5 (fulminate), and

    • (iv) is of such strength and construction that the ignition of one such cap will not ignite other like caps.

• (7) Division 2 comprises any ammunition that does not contain its own means of ignition, and is not included in Division 1, such as cartridges and charges for cannon, shell, mines or other like purpose, electric fuses, electric primers, mining squibs, instantaneous fuse and shaped charges, but does not include detonators and electric detonators.

• (8) Division 3 comprises any ammunition that contains its own means of ignition, and is not included in Division 1, such as detonators, percussion caps not included in Division 1, friction tubes, percussion primers, fuses for shell (such as time and percussion fuses) if such fuses do contain their own means of ignition.

• (9) Ammunition containing its own means of ignition means ammunition that has an arrangement, whether attached to it or forming part of it, that is adapted to explode or fire the same by friction or percussion.

Class 7 — Firework Class

• 14 (1) In this section,

  high hazard fireworks

  high hazard fireworks means those Division 2 fireworks that, in the opinion of the Chief Inspector, present a special hazard to persons; (pièce pyrotechnique comportant un risque élevé)

  low hazard fireworks

  low hazard fireworks means those Division 2 fireworks that, in the opinion of the Chief Inspector, are relatively innocuous in themselves and are not liable to explode violently or all at once. (pièce pyrotechnique comportant un risque restreint)

• (2) The firework class has two Divisions, namely, Division 1 fireworks and Division 2 fireworks.

• (3) Division 1 fireworks comprises fireworks composition.

• (4) Division 2 fireworks comprises manufactured fireworks and has five subdivisions, namely, Subdivision 1, Subdivision 2, Subdivision 3, Subdivision 4 and Subdivision 5.

• (5) Subdivision 1 of Division 2 fireworks comprises low hazard fireworks generally used for recreation, such as fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, sparklers, Christmas crackers and caps for toy guns.

• (6) Subdivision 2 of Division 2 fireworks comprises high hazard fireworks generally used for recreation, such as rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains, batteries, illumination, set pieces, pigeons and firecrackers.

• (7) Subdivision 3 of Division 2 fireworks comprises model rocket engines (toy propellant devices) containing a propellant the total impulse of which does not exceed 80 Newton-seconds (17.92 pound-seconds) and does not exceed a net propellant weight of 125 grams (approximately four ounces).

• (8) Subdivision 4 of Division 2 fireworks comprises low hazard fireworks generally having a practical use, such as highway flares, fusees and other small distress signals.

• (9) Subdivision 5 of Division 2 fireworks comprises high hazard fireworks generally having a practical use, such as large distress signals, sound, pyrotechnic and smoke signals, railway track signals, distress and line-throwing rockets, salutes, theatrical effects and wildlife control devices.

PART IIAuthorization and Testing

15 Any person may apply for an explosive to be declared an authorized explosive by submitting an application therefor to the Chief Inspector.

16 Any application submitted pursuant to section 15 shall be in writing and give the particulars of

• (a) the nature and composition of the explosive;

• (b) the limiting percentages of each ingredient of the explosive;

• (c) any substitute or substitutes it may be desired to have approved for any specified ingredient;

• (d) in the case of a new explosive to be manufactured in Canada, the process by which it is proposed to carry out its manufacture;

• (e) where an explosive is enclosed in a case or other contrivance, the dimensions of the case or other contrivance, the quantity, nature and brand of explosive contained therein, the method of function and performance characteristics of the explosive and instructions governing the use of the case or other contrivance;

• (f) the box, wrapping or other container in which the explosive will be handled, used or displayed or otherwise distributed, including the markings thereon; and

• (g) the package in which the explosive will be transported and stored, including the markings thereon.

17 When, in the opinion of the Chief Inspector, an explosive in respect of which an application is made may properly be considered for authorization, and is such as may, under regulations then in force, be forwarded by railroad or other available means of conveyance, the Chief Inspector shall instruct the applicant as to the samples required and the manner of forwarding them.

18 No person shall send a sample of an explosive to the Chief Inspector unless such person has first received the instruction referred to in section 17.

19 No person shall send a sample of an explosive to the Chief Inspector otherwise than in accordance with instructions given by the Chief Inspector pursuant to section 17.

• 20 (1) Samples forwarded to the Chief Inspector under section 17 shall be subjected to such of the tests enumerated in subsection (2) as are necessary or desirable, having regard to the nature and type of explosive submitted, to ensure that the explosive is capable of being safely manufactured, handled, stored, transported and used.

• (2) The tests referred to in subsection (1) are as follows:

  • (a) physical properties — including consistency, reaction, absorptive power for moisture, segregation in transport, or otherwise, of the constituents, exudation, behaviour at low temperatures, specific gravity and such other physical properties as may be considered necessary;

  • (b) chemical composition — determination of the percentage composition of the ingredients forming the explosive, and the quality of the ingredients employed in its manufacture;

  • (c) stability — determination of stability after subjection to such varying environmental conditions as would tend to produce spontaneous ignition or variation in sensitiveness of an explosive;

  • (d) ignition — ignition point, behaviour on ignition, liability to spontaneous ignition, behaviour on ignition in quantity;

  • (e) mechanical sensitiveness — determination of sensitiveness to friction and impact;

  • (f) detonation by influence;

  • (g) velocity of detonation;

  • (h) determination of strength;

  • (i) composition of gases evolved upon explosion;

  • (j) such other tests as the Chief Inspector may specify.

21 The Chief Inspector may at any time subject any explosive to the tests enumerated in section 20.

• 22 (1) An explosive tested in accordance with section 20 shall be declared by the Chief Inspector to be an authorized explosive if, as a consequence of the tests to which it has been subjected, he is satisfied, having regard to the nature and type of the explosive, that it is capable of being safely manufactured, handled, stored, transported and used.

• (2) The Chief Inspector may declare an explosive that is named in a General Explosives Importation Permit to be an authorized explosive during the term of the permit if, as a consequence of the tests to which the explosive has been subjected, the Chief Inspector is satisfied, having regard to the nature and type of the explosive, that it is capable of being safely handled, stored, transported and used.

• 23 (1) The Chief Inspector, on completion of the testing of an explosive pursuant to section 20, shall advise the applicant in writing

  • (a) whether or not the explosive is declared to be an authorized explosive; and

  • (b) where the explosive is declared to be an authorized explosive, the class, including any division and subdivision, within which the explosive falls.

• (2) If an explosive is declared to be an authorized explosive, it shall be deemed to have been so declared on the day the advice in writing was sent to the applicant pursuant to subsection (1).

• 24 (1) The Chief Inspector shall cause to be maintained a list of authorized explosives showing

  • (a) the brand or trade name of the explosives;

  • (b) the name and address of the manufacturers; and

  • (c) the class, including any divisions and subdivisions thereof, within which each explosive falls.

• (2) A list of authorized explosives that, on December 31st of any year, are, by licence or permit authorized to be manufactured in or imported into Canada shall be published in Part I of the Canada Gazette on or before March 31st of the following year.

• (3) An explosive that is an authorized explosive pursuant to subsection 22(2) shall not be included on the list published pursuant to subsection (2).

PART IIILicences and Permits

• 25 (1) The following forms, as set forth in Schedule II, are prescribed for use in connection with the applications for, and granting of, licences for factories and magazines and permits for the purchase, possession and importation of explosives and for vehicles used for the transportation of explosives, namely,

  • (a) form of application for a licence for a factory or magazine for explosives, as set forth in Form 1;

  • (b) form of factory licence, which includes a factory licence (fireworks) issued for a factory that exclusively manufactures fireworks, as set forth in Form 2;

  • (c) Form 4 to accompany an application for a licence for a factory or magazine, on which shall be entered a description of the construction of the buildings, mounds or works forming part of the factory or magazine;

  • (d) Form 5 to accompany an application for a licence for a factory or magazine, on which shall be entered the designation of the authorized explosives that may be manufactured or kept in the factory or stored in the magazine;

  • (e) Form 6 to accompany an application for a licence for a factory, on which shall be entered particulars relating to the process or processes that may be carried on in, or the use that may be made of, each building, room or place in the factory, together with the nature and quantity of the explosive, or explosives, or ingredients thereof, or other articles in respect of which like information may be required, that may be allowed in each building, room or place, and also the maximum number of persons to be in any such building, room or place at any one time;

  • (f) Form 7 to accompany an application for a licence for a factory or magazine, on which shall be specified the distances that shall be maintained between any one building or place forming part of the factory or magazine, and any other building or resort, whether within or without the factory or magazine, the classification of such buildings or resorts being as set forth in the form;

  • (g) form of magazine licence, which includes a magazine licence (propellants) issued for a magazine that exclusively stores propellants and percussion caps for safety cartridges, as set forth in Form 8;

  • (h) form of application for a licence for a temporary magazine for explosives, as set forth in Form 10;

  • (i) form of licence for a temporary magazine, as set forth in Form 11;

  • (j) form of application for general or annual explosives importation permit, as set forth in Form 13;

  • (k) form of General Explosives Importation Permit, as set out in Form 14;

  • (l) Importers Transmission Schedule, as set forth in Form 16;

  • (m) form of Annual Explosives Importation Permit, as set out in Form 17, with Importers Transmission Schedule on reverse side thereof;

  • (n) form of application and permit to transport explosives as set forth in Form 18;

  • (o) form of application and licence for a fireworks magazine, as set forth in Form 19;

  • (p) form of Blasting Explosives Purchase and Possession Permit, as set out in Form 20.

• (2) The terms and conditions of a licence for a factory, magazine or temporary magazine, a General Explosives Importation Permit, an Annual Explosives Importation Permit and an Explosives Transportation Permit shall be the terms and conditions set out in the following forms:

  • (a) Form 3, terms of a licence for a factory;

  • (b) Form 9, terms of a licence for a magazine;

  • (c) Form 12, terms of a licence for a temporary magazine;

  • (d) Form 15, terms of a general importation permit;

  • (e) Form 17, terms of annual importation permit;

  • (f) Form 18, terms of explosives transportation permit.

• (3) A magazine licence issued pursuant to section 6 of the Act shall be issued for one magazine or more than one magazine within a site.

• (4) A magazine licence (propellants) and a licence for a fireworks magazine issued pursuant to section 6 of the Act shall be issued for one magazine or more than one magazine within a site.

• (5) A licence for a temporary magazine issued pursuant to section 6 of the Act shall be issued for one temporary magazine or more than one temporary magazine within a limited operational zone.

• 26 (1) Subject to subsection (2), the Minister may issue a licence or permit referred to in these Regulations for a period of not less than nine and not more than 15 months.

• (2) An Explosives Purchase and Possession Permit is valid for 90 days from its date of issue.

• (3) The Minister may cancel or suspend any licence or permit referred to in these Regulations where the holder thereof

  • (a) contravenes any of the terms of the licence or permit;

  • (b) completes the activities permitted by the licence or permit;

  • (c) carries on a practice in connection with the licence or permit that constitutes a special danger; or

  • (d) contravenes the Act or these Regulations.

27 Where the name in which a licence or permit has been issued is changed,

• (a) the licence or permit shall constitute a temporary licence or permit for the purposes of the new holder for two months from the date of the change;

• (b) the person in whose name the licence or permit was issued shall, within seven days of the date of the change, notify the Minister in writing of the change and the name and address of the new holder; and

• (c) the new holder shall apply for a new licence or permit, as the case may be, within one month of the date of the change.

• 28 (1) The holder of a licence issued in respect of a specific activity shall return the licence to the Minister for cancellation where he

  • (a) completes the activity for which the licence was issued; or

  • (b) does not commence or ceases to carry on the activity.

• (2) Where for any reason a holder of a licence is unable to return the licence pursuant to subsection (1), he shall notify the Minister in writing of the completion of, failure to commence or cessation of the activity in respect of which the licence was issued and thereupon the Minister shall cancel the licence.

• (3) Where the holder of a licence referred to in these Regulations intends to temporarily suspend an activity for which the licence was issued, the holder shall, not later than 14 days prior to the commencement of such suspension, notify the Minister in writing of the commencement of the suspension and the anticipated date for resumption of the activity.

29 and 30 [Revoked, SOR/84-597, s. 1]

• 31 (1) The fees to be paid for a licence or permit issued for a period of 12 months are as follows:

  • (a) for each licence for a factory other than a licence referred to in paragraph (b), $180 per process unit, per process vehicle and per magazine, subject to a minimum fee of $900 and a maximum fee of $25,000;

  • (b) for each licence for a factory (fireworks), $90 per process unit and per magazine, subject to a minimum fee of $200 and a maximum fee of $4,000;

  • (c) for each licence for a magazine other than a magazine referred to in paragraphs (d), (e), and (f), $90 for each of the first two magazines and $180 for each additional magazine within a site;

  • (d) for each licence for a magazine (propellants), $90;

  • (e) for each licence for a temporary magazine, $90;

  • (f) for each licence for a fireworks magazine, $50;

  • (g) for each General Explosives Importation Permit, $30;

  • (h) for each Annual Explosives Importation Permit, $100; and

  • (i) for each Explosives Transportation Permit, $30.

• (2) Where the period of validity of a licence or permit other than a General Explosives Importation Permit is less or more than 12 months, the fee payable therefor shall be prorated.

PART IVManufacture of Explosives

32 The operator of a licensed factory may, for experimental or testing purposes, but not for sale, manufacture a new explosive or new form of explosive similar to one specified in his licence provided that he manufactures the same on a small scale and that he notifies in writing the Chief Inspector as soon as he manufactures it as to the quantity and components of such explosive and provided, further, that he has otherwise observed the provisions of the Act so far as they are applicable.

33 The Minister may issue to any applicant therefor a permit to manufacture any new explosive, for experimental or testing purposes only and not for sale, upon such conditions and subject to such restrictions as are fixed by the Minister.

34 A person may, for the purpose of laboratory chemical experiment and not for practical use or sale, make a small quantity of explosive in a place that is not a licensed factory if reasonable precautions are observed to prevent injury to persons or damage to property and if the provisions of the Act and these Regulations are observed as far as they are otherwise applicable.

35 Any person may, in respect of safety cartridges, load at a place other than a licensed factory if

• (a) the loaded safety cartridges are not for sale or for any commercial, industrial or business use;

• (b) the explosive used to load the cartridges is kept or stored in accordance with the provisions of Part XIII;

• (c) not more than two kilograms of explosives, other than safety cartridges, are kept in the place;

• (d) the artificial light, if any, used to illuminate the place is of such construction and character and located in such a manner as to not cause any danger of a fire or an explosion;

• (e) no fire is kept in the place;

• (f) no person smokes in any part of the place;

• (g) no person has in his possession a match or other fire producing device in any part of the place; and

• (h) no work or other activity, other than the loading of safety cartridges, is carried out in the place during the period such loading is being carried out.

• 36 (1) Any person may, in respect of safety cartridges, load at a place other than a licensed factory for the purpose of sale or for any commercial, industrial or business use if

  • (a) the loaded safety cartridges have been declared by the Chief Inspector to be an authorized explosive;

  • (b) the operational procedures used to load safety cartridges have been approved by the Chief Inspector;

  • (c) quality controls, approved by the Chief Inspector, designed to eliminate defective safety cartridges and to ensure proper workmanship have been instituted;

  • (d) the person furnishes to the Chief Inspector a general arrangement drawing of the place that shows

    • (i) the area where the loading of the safety cartridges is to be carried out,

    • (ii) any storage area, and

    • (iii) the general arrangement of the equipment to be used in the loading of safety cartridges;

  • (e) the person furnishes to the Chief Inspector a statement that sets out the maximum quantity of explosives to be kept at any time in the place;

  • (f) the place is separate from the magazine in which the explosives used for the loading of safety cartridges are kept or stored;

  • (g) the artificial light, if any, used to illuminate the place is of such construction and character and located in such a manner as to not cause any danger of a fire or an explosion;

  • (h) no fire is kept in the place;

  • (i) no person smokes in any part of the place;

  • (j) no person has in his possession a match or other fire producing device in any part of the place;

  • (k) no work or other activity, other than the loading of safety cartridges, is carried out in the place during the period such loading is being carried out;

  • (l) no member of the public is allowed in that area of the place when the loading is being carried out; and

  • (m) the outer package in which the loaded safety cartridges are to be sold, displayed or distributed is conspicuously marked with the name and address of the person who loaded the safety cartridges and, where the safety cartridges have cartridge cases that have been filled after previously being fired, with the words RELOADED CARTRIDGES.

• (2) No person shall carry out the loading of safety cartridges in a place unless the Chief Inspector has, having regard for the safety of the public and the person engaged in the loading, approved the arrangements set out in the drawing referred to in paragraph (1)(d).

• (3) The Chief Inspector shall, in respect of each place where safety cartridges are loaded pursuant to subsection (1), prescribe the maximum quantity of explosives that may be kept in that place.

• (4) No person shall keep in a place referred to in subsection (1) a quantity of explosives that exceeds the quantity prescribed pursuant to subsection (3).

36.1 For the purposes of sections 35 and 36, the expression “load” means, in respect of a safety cartridge,

• (a) the installing on a cartridge case of a percussion cap;

• (b) the filling of a new or previously fired cartridge case with a propellant explosive; or

• (c) the assembly of a filled cartridge case with non-explosive components to form a safety cartridge.

37 No person shall manufacture, import, keep, convey, sell or offer for sale any explosive that consists of chlorate of potassium or other chlorates in a mixture with sulphur or phosphorus without the written authority of the Chief Inspector and upon such conditions and subject to such restrictions as he may fix.

PART VPacking for Transportation by Road

Interpretation

38 In this Part,

inner package

inner package means a substantial case, bag, canister, covering or other suitable container made and closed so as to prevent any explosive from escaping; (emballage intérieur)

outer package

outer package means a box, barrel, case or cylinder of wood, metal or other solid material, of such strength, construction and character that it will not be broken or accidentally opened, nor become defective or insecure while being conveyed, and will not allow any explosive to escape; (emballage extérieur)

propellant

propellant means any authorized explosive of Class 3 adapted and intended exclusively for use as a propelling charge in ordnance or small arms; (propulseur)

special authority

special authority means a written authority granted by an inspector to which may be attached such conditions as may, in the opinion of the inspector, be necessary to meet the special requirements of each particular instance. (autorisation spéciale)

39 The interior of every package shall be clean and free from grit.

40 Except as provided in this Part, no iron or steel shall be used in the construction of a package unless such iron or steel is covered with a suitable material or guarded so as effectually to prevent the exposure of such iron or steel.

• 41 (1) Except as provided in subsection (2), no person shall pack an explosive in a package that contains another explosive or any other article or substance.

• (2) Nothing in subsection (1) prohibits

  • (a) the packing in one outer package of inner packages containing one kind of propellant together with inner packages containing another kind of propellant; or

  • (b) the packing of an article that is not of an inflammable or explosive nature or liable to cause fire or explosion, with explosives of Division 1 of Class 6 (ammunition).

42 Subject to sections 39, 40 and 41, the method of packing authorized explosives of the various classes and the maximum amounts that may be in any one package shall be as set forth in Schedule I.

43 Nothing in this Part prohibits the use of an additional package whether inner or outer, unless the additional package is of a character prohibited in writing by an inspector.

44 An explosive that is not an authorized explosive shall be packed in such a manner as may be directed by a special authority with reference to such explosive.

• 45 (1) Subject to subsections (2) to (7), on every outer package containing explosives there shall be affixed in conspicuous characters by means of a brand or securely attached label or other mark, the word “EXPLOSIVE”, the name of the explosive, the number of the class and division to which the explosive belongs, the name of the manufacturer or sender of the explosive and such other markings and serial numbers as may be required by the Minister for identification purposes.

• (2) In the case of explosives of Classes 3 and 4, there shall be added the date of manufacture or issue from the factory, or such sign indicating such date as may be approved by an inspector.

• (3) In the case of cartridges or other charges for ordnance, shells, mines, blasting or other like purpose that do not contain their own means of ignition, the marking shall be as for the explosive when not so made up.

• (4) In the case of explosives of Division 1 of Class 6, except safety fuses, there shall be added the words “Not liable to explode in bulk”.

• (5) In the case of safety fuses or gunpowder, the word “EXPLOSIVE” and the number of the class and division may be omitted.

• (6) Where an outer package contains more than one explosive, the required markings shall be affixed separately in respect of each explosive contained in the package.

• (7) In the case of Division 2 fireworks, the word “EXPLOSIVE” shall be replaced by the word “FIREWORKS”.

• 46 (1) An outer package may be used only once for the packing and transportation of explosives.

• (2) When the explosives contained in an outer package are removed therefrom, the outer package shall be destroyed or disposed of in such a manner that it cannot be re-used for any purpose.

47 To meet special cases, exemption may be granted by special authority from the observance of any one or more of the conditions prescribed by this Part.

PART VITransportation by Road and Private Railway

48 In this Part,

anti-theft system

anti-theft system means, in respect of a vehicle to which a magazine is fixed, a system that sets off an alarm or locks the wheels of the vehicle if there is a theft of the vehicle or tampering with the vehicle or the magazine; (système antivol)

carrying capacity

carrying capacity, in respect of a vehicle, means the gross vehicle weight rating (manufacturer’s rating) of the vehicle less the aggregate of the weight of the unloaded vehicle and the weight of all necessary equipment, fuel and tires; (charge admise)

Explosives Transportation Permit

Explosives Transportation Permit means a permit issued by the Minister pursuant to section 52; (permis de transport d’explosifs)

net explosives quantity

net explosives quantity means the total net weight of explosive and pyrotechnic substances contained within a package of explosives excluding the weight of any case, contrivance, box, wrapper, packaging or package; (quantité nette d’explosifs)

semitrailer

semitrailer means a vehicle towed by a truck tractor and so constructed that some part of its weight rests upon the truck tractor; (semi-remorque)

truck tractor

truck tractor means a vehicle designed and used for towing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so towed. (camion tracteur)

48.1 This Part does not apply in respect of pyrotechnic distress signals or lifesaving devices that fall within the description of any class of explosive enumerated in Part I and that are kept or installed in a vehicle to ensure the safe operation of the vehicle or the safety of the occupants of the vehicle if the signals or devices are kept or installed in a safe place apart from other dangerous goods.

49 Subject to subsections 51(2) and 52(3), no operator of a vehicle shall at any time transport or permit the transportation of explosives by means of the vehicle with a load that weighs in excess of 80 per cent of the carrying capacity of the vehicle.

50 No person shall transport explosives by any railway to which the Railway Act does not apply except in accordance with the Regulations for the Transportation of Dangerous Commodities by Rail.

• 51 (1) Subject to subsection (2), the maximum net explosives quantity of explosives that may be transported by means of any vehicle without an Explosives Transportation Permit is 2 000 kilograms.

• (2) A vehicle may be used without an Explosives Transportation Permit to transport any quantity of explosives where the load the vehicle is carrying does not exceed its carrying capacity and the explosives so transported are exclusively any of the following explosives:

  • (a) nitrocellulose of Division 2, Class 3, when wetted with water or alcohol in the proportions of not less than one kilogram of water or alcohol to four kilograms of dry nitrocellulose;

  • (b) ammunition of Division 1, Class 6;

  • (c) manufactured fireworks of Division 2, Class 7; or

  • (d) solid propellants that, in the opinion of the Minister, constitute a mass fire risk but only a moderate explosion risk.

• 52 (1) Subject to subsection (2), the Minister may issue an Explosives Transportation Permit in respect of a vehicle to the operator of the vehicle applying therefor for the transportation by that vehicle of explosives of a net explosives quantity in excess of 2 000 kilograms but not in excess of 20 000 kilograms.

• (2) The Minister may issue an Explosives Transportation Permit in respect of a vehicle to the operator of the vehicle applying therefor for the transportation by that vehicle, at different times, of

  • (a) dynamite, ammonia dynamite and blasting gelatin or semi-gelatin of Division 1 of Class 3 of a net explosives quantity in excess of 2 000 kilograms but not in excess of 5 000 kilograms;

  • (b) dynamite, ammonia dynamite and blasting gelatin or semi-gelatin of Division 1 of Class 3 of a net explosives quantity in excess of 5 000 kilograms but not in excess of 20 000 kilograms, but each Explosives Transportation Permit issued under this paragraph shall restrict the transportation of such quantities of explosives to isolated highways designated in the Explosives Transportation Permit; or

  • (c) detonators of Division 3 of Class 6 of a net explosives quantity in excess of 2 000 kilograms but not in excess of 5 000 kilograms.

• (3) The Minister may, in respect of a vehicle that complies with the standards set out in Schedule III, issue an Explosives Transportation Permit that authorizes the transportation of any quantity of explosives, subject to the limitations set out in subsections (1) and (2), by means of the vehicle while the vehicle is carrying a load not exceeding its carrying capacity.

53 Every application for an Explosives Transportation Permit in respect of a vehicle shall be made by the operator of the vehicle on Form 18 set out in Schedule II and shall set out the information required by that Form and, in the case of an application for an Explosives Transportation Permit referred to in subsection 52(3), shall be accompanied by a statement of a mechanic qualified in the province in which the vehicle is licensed to the effect that the vehicle complies with the standards set out in Schedule III.

54 Notwithstanding anything in these Regulations, no person shall transport nitroglycerine or ethylene glycol dinitrate in any vehicle in any quantity, except within a licensed factory, without having first obtained written authority from the Chief Inspector for such transport.

55 Notwithstanding anything in these Regulations, no person shall transport any explosive that is not an authorized explosive or any explosive that is damaged or deteriorated without the consent of an inspector.

56 No person shall transport explosives in any towed vehicle or tow any vehicle transporting explosives without the written authority of the Chief Inspector, except that explosives may be transported in a semi-trailer when attached to a truck tractor subject to all the other conditions, limitations and restrictions in this Part.

• 57 (1) Subject to subsection (2), no person shall transport any explosives in a vehicle carrying public passengers.

• (2) A quantity not exceeding three kilograms of explosives included in Division 1 of Class 6 (safety cartridges) or Division 2 of Class 7 (fireworks) may be carried in a vehicle carrying public passengers.

58 No person shall forward a consignment of explosives to a warehouseman or carrier unless

• (a) he gives notice to each warehouseman and carrier who will receive or carry the explosives prior to their delivery to the consignee of the name and quantity of the explosives proposed to be forwarded and the name and address of the proposed consignee; and

• (b) he has received notice from the warehouseman or carrier to whom he proposes to deliver the explosives of the time at which the warehouseman or carrier is prepared to receive the consignment.

59 A warehouseman or carrier shall not state that he is prepared to receive a consignment of explosives nor shall he receive such consignment, unless he is prepared forthwith to despatch the consignment or to deposit the explosive in a magazine or store duly licensed or authorized for the keeping of such explosives.

60 The owner or operator of a vehicle shall not receive a consignment of explosives unless he has, before receiving the consignment,

• (a) given notice to the owner or operator of a magazine of the time at which he is prepared to deliver the consignment to the magazine; and

• (b) received from such owner or operator of the magazine confirmation that he is prepared to receive such consignment at or about the time specified in the notice.

61 The driver of a vehicle shall, while explosives are being transported thereon, have in his possession

• (a) one of the following documents:

  • (i) a manifest, memorandum receipt, bill of lading, shipping order or other document marked with the words “EXPLOSIVES — EXPLOSIFS” and indicating the names and addresses of the vendor and purchaser, the consignor and consignee and the name and quantity of the explosives being transported,

  • (ii) a Purchase and Possession Permit, or

  • (iii) where the explosives are being transported from a temporary magazine operated by the driver or his employer to a blasting site, a statement of the quantity, brand name, strength and cartridge size of each explosive and the purpose for which the explosives are being transported,

• (b) a valid registration certificate for the vehicle, issued by an authorized provincial or territorial agency, and

• (c) where the vehicle is not being driven by the owner, a document signed by the owner naming the persons authorized to drive and accompany the vehicle,

and shall, when requested, produce the documents referred to in paragraphs (a) to (c) for inspection by an inspector or by a peace officer as defined in section 2 of the Criminal Code.

62 Transportation of explosives in any vehicle is subject to the following conditions:

• (a) no explosive of Class 5 (fulminate), of Division 3 of Class 6 (ammunition) or of Class 7 (firework) shall be transported in the same vehicle with any explosive not of the class or division to which it belongs, unless it is sufficiently separated therefrom to prevent any fire or explosion that may take place in one such explosive from being communicated to another; detonators and electric detonators of Division 3 of Class 6 (ammunition) shall be deemed, for the purpose of this paragraph, to be sufficiently separated from an explosive of another class or division if

  • (i) the detonators and electric detonators are packed in accordance with Part V,

  • (ii) the total number of detonators and electric detonators does not exceed 5,000 No. 6 detonators or their equivalent, and

  • (iii) the detonators and electric detonators are separated from other explosives by a solid partition of wood 15 centimetres thick and extending at least 15 centimetres above the highest level to which explosives are packed in the vehicle;

• (b) the portion of the vehicle in which explosives are transported shall be a fully enclosed, locked, fire resistant van, tank, fixed container or compartment;

• (c) no iron or steel shall be in the interior of the portion of the vehicle where the explosive is deposited, unless the iron or steel is covered either permanently or temporarily with leather, wood, tarpaulin or other suitable material;

• (d) no heater or light shall be in the interior of the portion of the vehicle where the explosive is deposited without the written authorization of an inspector, but where the explosive is deposited in the portion of the vehicle occupied by the operator thereof, no such written authority is required for a heater and lights fitted for the comfort and convenience of the operator;

• (e) no matches other than safety matches shall be carried in any vehicle containing an explosive, and such safety matches shall be kept in a safe place apart from the explosive; and

• (f) due precautions shall be taken by means of a partition or otherwise and by careful stowing, to secure the explosive from being endangered by any other article or substance transported in the vehicle.

63 The following conditions shall be observed in the loading, unloading, maintenance and operation of vehicles used in the transportation of explosives:

• (a) all persons engaged in the loading or unloading of explosives in or from a vehicle, or in the operation of a vehicle carrying explosives, shall observe all due precautions to prevent accidents resulting in fire or explosion and to prevent unauthorized persons from gaining access to the explosives, and all such persons shall abstain from any act that tends to cause fire or explosion and that is not reasonably necessary for the loading, unloading or operation of the vehicle and shall take all reasonable steps to prevent others from committing any such act in the vicinity of the vehicle or the explosives;

• (b) after the operation of loading or unloading of explosives in or from any vehicle is commenced, the operation shall not be stopped until completed and it shall be completed as expeditiously as possible;

• (c) no bale hooks or other metal tools shall be used for the loading, unloading or other handling of packages containing explosives nor shall any package or container of explosives be thrown or dropped during loading or unloading;

• (d) the engine of a gasoline, diesel or propane-driven vehicle shall not be run during the loading or unloading of explosives except

  • (i) when necessary to operate a power take-off, or

  • (ii) where extreme cold and wind conditions might reasonably cause difficulties in restarting the engine of the vehicle;

• (e) the brakes of a gasoline, diesel or propane-driven vehicle carrying or containing explosives shall be set while the vehicle is parked;

• (e.1) the ignition of a gasoline, diesel or propane-driven vehicle carrying or containing explosives shall be turned off while the vehicle is parked except where extreme cold and wind conditions might reasonably cause difficulties in restarting the engine of the vehicle;

• (f) every gasoline, diesel or propane-driven vehicle used for the transportation of explosives shall be inspected daily to ascertain that

  • (i) the fire extinguishers are filled and in working order,

  • (ii) the electric wiring is completely insulated and firmly secured,

  • (iii) the fuel tank and fuel lines have no leaks,

  • (iv) the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease,

  • (v) the brakes and steering apparatus are in good condition,

  • (vi) the tires are not worn smooth, regrooved or visibly defective, and

  • (vii) where carried, the spare tire and wheel are in a fixed position,

  and any deficiencies found on inspection shall be corrected by the operator as soon as possible;

• (g) vehicles used for the transportation of explosives shall be in sound mechanical condition in all respects and suitable for and capable of safely transporting explosives;

• (h) explosives shall not be loaded on or in a vehicle unless the vehicle has been fully serviced;

• (i) the fuel tank of a vehicle carrying or containing an explosive shall not be filled except in case of necessity, in which case

  • (i) no person shall remain in or on the vehicle,

  • (ii) the engine shall be stopped,

  • (iii) the ignition, electrical systems and radios shall be switched off,

  • (iv) the brakes shall be set, and

  • (v) the fuel tank shall be filled only at a place where filling is not a danger to the public safety;

• (j) smoking on, in or while attending any vehicle carrying or containing an explosive is prohibited;

• (k) the driver or operator of any vehicle carrying or containing an explosive shall not drive or conduct the vehicle in a dangerous or reckless manner, and a person who is impaired shall not have charge of any such vehicle and shall not be permitted to be in, on or attend the vehicle;

• (l) the driver or operator of a vehicle carrying or containing an explosive shall not stop unnecessarily or for a longer period than is reasonably required; stops at places where the public safety would be endangered shall be avoided;

• (m) routes passing through centres of habitation shall, as far as possible, be avoided;

• (n) due provision shall be made to prevent the introduction into a vehicle of fire, matches or any substance or article likely to cause explosion or fire, or any iron, steel or grit that may come into contact with an explosive; this paragraph does not prevent the introduction of an artificial light of a construction or character or of safety matches of a character that will not cause any danger of fire or explosion;

• (o) subject to paragraphs (p) and (s.1), there shall be displayed on every vehicle carrying or containing in excess of a net explosives quantity of 25 kilograms, in such a manner as to be plainly visible from the front and rear and both sides of the vehicle,

  • (i) in the case of manufactured fireworks of Division 2, Class 7, the word “FIREWORKS” or the words “PIÈCES PYROTECHNIQUES”, and

  • (ii) in the case of any other explosives, the word “EXPLOSIVES” or “EXPLOSIFS” printed in luminous paint in letters not less than 15 centimetres in height on a contrasting background, or

  • (iii) the appropriate placard as specified in the Regulations for the Transportation of Dangerous Commodities by Rail or the Dangerous Goods Shipping Regulations,

  and such words or placard shall not be displayed when no explosives are carried or contained in the vehicle;

• (p) paragraph (o) does not apply when the explosives carried are exclusively safety cartridges or safety fuses included in Division 1 of Class 6;

• (q) every vehicle transporting more than 25 kilograms of explosives shall be equipped with a fire extinguisher in working order, is located in the vehicle in such manner as to be readily available for use at all times and has a rating, as determined in accordance with National Standard System CAN 4-S508-76 of at least 5-B.C.;

• (r) except as provided in paragraph (s.1), every vehicle transporting explosives shall be in the charge of a licensed driver, 18 years of age or over, who shall not leave the vehicle unattended;

• (s) except as provided in paragraph (s.1), where a vehicle transporting or containing explosives is parked overnight,

  • (i) the premises in which the vehicle is parked

    • (A) shall not be used for any purpose that might give rise to the presence therein of an open flame, matches or any substance or article likely to cause explosion or fire, and

    • (B) shall be at a reasonable distance from any habitation or storehouse containing articles of an inflammable nature, and

  • (ii) the vehicle shall, at all times, be attended by a person who is 18 years of age or over and capable of looking after the vehicle;

• (s.1) a vehicle transporting or containing 25 kilograms of blasting explosives and 250 detonators or any lesser quantity of such explosives may be left unattended if

  • (i) the blasting explosives and detonators are kept in secure magazines fixed to the vehicle, the vehicle is fitted with an anti-theft system and the magazines are the objects of a temporary magazine licence issued pursuant to these Regulations or of a licence or permit issued by the province in which the vehicle is operating,

  • (ii) all parts of the vehicle are kept clean and free from excess oil and grease,

  • (iii) no article or substance of a highly inflammable nature, or any article liable to spontaneous ignition or likely to cause fire is carried in the vehicle,

  • (iv) the vehicle displays the warning markings prescribed by paragraph (o), and

  • (v) when parked overnight, the vehicle is parked at least 30 metres from any habitation, highway, railway line or location containing substances of a highly inflammable nature;

• (t) when there is a convoy of two or more vehicles transporting explosives, where practicable, a space of at least 300 metres shall be maintained between each such vehicle;

• (u) vehicles transporting explosives shall not be driven past fires of any kind burning on or near the highway or other thoroughfare unless it has been ascertained that such passing can be made with safety;

• (v) where it is necessary to keep a vehicle transporting explosives moving on the road for a period in excess of 10 hours, two licensed drivers, 18 years of age or over, shall accompany the vehicle;

• (w) a vehicle transporting explosives shall be operated at a speed that conforms to all local traffic laws, ordinances and by-laws and is consistent with road and weather conditions but in no case shall such a vehicle be operated at a speed in excess of 90 kilometres per hour;

• (x) subject to subsection 57(2), no passengers other than persons assigned to assist in handling explosives shall be permitted on a vehicle transporting explosives;

• (y) the driver or operator of a vehicle transporting explosives shall,

  • (i) before crossing any railroad track protected by an automatic signal device, reduce the speed of the vehicle and establish that the crossing can be made in safety, and

  • (ii) before crossing any railroad track that is not protected by an automatic signal device, or before crossing any main highway, bring the vehicle to a full stop and proceed only when the way is safely clear; and

• (z) no more than 75 kilograms of explosives shall be carried in a vehicle primarily designed for the carriage of passengers and their baggage.

• 64 (1) Where a vehicle transporting explosives is involved in an accident, fire or any other occurrence that causes a significant delay in delivery of the explosives or damage to the vehicle or explosives, the driver or operator of the vehicle shall

  • (a) comply with all requirements of provincial or municipal laws relating to highway accidents;

  • (b) immediately notify the nearest Royal Canadian Mounted Police detachment or nearest provincial or municipal police officer;

  • (c) notify the owner of the vehicle who shall, if the explosives have not been damaged, arrange for their immediate transportation to the destination to which they were being transported or to a suitable place for storage until they can be transported to that destination or, if they have been damaged, arrange for their immediate transportation to a place designated by an inspector; and

  • (d) notify the Chief Inspector of the circumstances attending the accident.

• (2) Where a vehicle transporting explosives breaks down, the driver or operator shall

  • (a) make or permit to be made minor repairs if the repairs can be made without hazard;

  • (b) where major repairs are required, prevent such repairs being made until the explosives are transferred to another vehicle or are removed from the vehicle and placed under proper security at a safe distance from the highway and at least 300 metres from any inhabited premises; and

  • (c) notify the Chief Inspector of the circumstances attending the breakdown.

65 In addition to all other requirements respecting transportation of explosives by road under these Regulations, the operator of a vehicle to whom an Explosives Transportation Permit has been issued shall, when transporting more than 2 000 kilograms of explosives, observe the following conditions:

• (a) the Explosives Transportation Permit or a photocopy thereof shall be carried at all times in the vehicle for which it is issued and shall be produced when requested by an inspector or by a peace officer as defined in section 2 of the Criminal Code;

• (b) the vehicle transporting the explosives shall be operated by a licensed driver, 21 years of age or over, who is able to ask for and obtain assistance

  • (i) from a helper, 18 years of age or over, who accompanies the driver,

  • (ii) by staying in constant communication with the driver of another vehicle that does not transport explosives but follows the vehicle transporting the explosives, which driver is 18 years of age or over, or

  • (iii) from a two-way radio telephone or equivalent communication system with which the vehicle transporting the explosives is equipped;

• (c) where it is necessary to keep the vehicle moving on the road for a period in excess of 10 hours, two licensed drivers, 21 years of age or over, shall accompany the vehicle;

• (d) the vehicle shall be equipped with two fire extinguishers that are in good working order, are located and attached to the vehicle in such manner as to be readily available for use at all times and have a rating, as determined in accordance with National Standard System CAN 4-S508-76 of at least 10B.C.;

• (e) no other goods, materials or articles shall be transported in the same vehicle with explosives without written approval of the Chief Inspector;

• (f) no explosives of Division 3 of Class 6 shall be transported in the same vehicle with any explosive of another class or of another division of Class 6 except electric detonators and detonator assemblies other than detonating relays of Division 3 of Class 6 which shall be so transported subject to the following conditions:

  • (i) the electric detonators and detonator assemblies other than detonating relays shall be packed in accordance with Part V,

  • (ii) the total number of electric detonators and detonator assemblies other than detonating relays shall not exceed 5,000, and

  • (iii) the packages of electric detonators and detonator assemblies other than detonating relays shall be contained within a completely enclosed container or compartment conforming in construction and accessibility to the standards set out in Schedule IV;

• (g) the tires with which the vehicle is equipped shall be of a rated capacity equal to or greater than the gross weight of the vehicle when loaded, shall be in good, serviceable condition and shall not be worn smooth, regrooved or evidently defective;

• (h) no part of the fuel tank, intake pipe or discharge shall be located in, under, beside or over the cargo section of the vehicle without written approval of the Chief Inspector;

• (i) all tanks shall be equipped with safety vents designed to prevent a pressure rise under fire conditions and the fuel tanks of gasoline and diesel-driven vehicles shall be equipped with a nonspill type air vent;

• (j) all fuel lines shall be equipped with suitable shut-off valves or automatic devices to prevent free fuel flow in the event of a broken fuel line; and

• (k) where the load on a vehicle is improperly distributed or inadequately secured to such an extent that the vehicle cannot be operated safely, no driver of a vehicle shall drive the vehicle, and no operator shall drive, permit or require the vehicle to be driven.

66 Where the operator of a factory or magazine reasonably believes that the transportation of explosives in a vehicle would violate any provision of the Act or these Regulations or any term or condition of an Explosives Transportation Permit, he shall not deliver explosives to the driver of the vehicle.

PART VIIFactories for Explosives

67 The terms of a licence for a factory shall be duly observed, and the manufacture or keeping, or any process in or work connected with the manufacture or keeping of explosives, shall not be carried on except in accordance with those terms.

68 The operator of a licensed factory may manufacture, store and have in his possession authorized explosives to which his licence applies.

69 A factory magazine shall be used only for the keeping of an explosive and of such ingredients thereof as may be specified in the licence, and of receptacles for the tools or implements for work connected with the keeping of such explosive and ingredients.

70 A building in which an explosive or any ingredient thereof that either by itself is possessed of explosive properties or when mixed with any other ingredient or article, also present in such building, is capable of forming an explosive mixture or an explosive compound, is kept or present in or may be kept or present in the course of manufacture, shall, unless specially exempted by the licence or by an order of an inspector, be deemed to be a danger building; and the interior of every such building, and the benches, shelves and fittings in such building (other than machinery), shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel, and the detachment of any grit, iron, steel or similar substance in such manner as to come into contact with the explosive or ingredients thereof in such building; and such interior, benches, shelves and fittings shall, so far as is reasonably practicable, be kept clean and free from grit.

71 Charcoal, whether ground or otherwise, oiled cotton, oiled rags or oiled waste or any article liable to spontaneous ignition, shall not be taken into any danger building except for the purpose of immediate supply and work or immediate use in such building, and upon the cessation of such work or use shall be forthwith removed.

72 Before repairs are done to a danger building, or in any room in or other part of such building, that room or part shall, so far as is practicable, be cleaned by the removal of all explosive, and wholly or partly mixed ingredients thereof, and by the thorough washing of such room or part; such room or part of the building, after being so cleaned, shall be deemed not to be a danger building within the meaning of this Part until explosives or any ingredient thereof that either by itself is possessed of explosive properties, or that, when mixed with any other ingredient or article also present in such building, is capable of forming an explosive mixture or an explosive compound, is again taken into it; and during the time that such room or part of the building is so deemed not to be a danger building within the meaning of this Part, a person employed to make such repairs may, notwithstanding anything in this Part, have matches in his possession in such room or part of the building if the work to be done by him requires the use of matches and if he holds a permit, signed by or under the authority of the operator of the factory authorizing him to have matches in his possession in such room or part of the building.

73 The Minister may, in writing, impose such conditions or restrictions as he may deem necessary in any particular factory and he may, subject to such conditions as he may think expedient, waive any requirements under this Part in respect of any particular factory.

74 The operator of a factory shall constantly keep affixed in every danger building, either outside or inside, in such manner as to be easily read, a statement of the quantities of explosive or ingredients allowed to be in the building, a copy of this Part, a copy of any portions of the Act required by the Minister to be so affixed, such part of the licence as applies to the building, a copy of the conditions and restrictions imposed by the Minister under this Part with reference to that building, and the name of the building, or words indicating the purpose for which it is used, and the operator shall also suitably place in or near the site of the factory, notices giving warning against trespassing on the property, which notices shall include the terms of section 18 of the Act.

75 All tools and implements kept or used in a danger building shall be made only of wood or copper or brass or some soft metal or material, or shall be covered with some safe and suitable material.

76 Due provision shall be made, by the use of suitable working clothes without pockets and suitable shoes and by searching and otherwise, or by some or all of such means, to prevent the introduction into any danger building of fire, matches or any substance or article likely to cause explosion or fire, and to prevent the introduction of any iron, steel or grit into any part of a danger building where it would be likely to come into contact with an explosive or the wholly or partially mixed ingredients thereof; but this section does not prevent the introduction of artificial light of such construction, position or character that will not cause any danger of fire or explosion.

• 77 (1) No person shall smoke or have in his possession a match or other fire-producing device in a factory except in an area designated by the Chief Inspector under subsection (2).

• (2) The Chief Inspector may designate an area in a factory where a person may smoke or have in his possession a match or other fire-producing device, but before so designating an area the Chief Inspector shall have regard to

  • (a) the proximity of the proposed designated area to explosives processing and storage areas;

  • (b) the risks inherent in the event of a fire in the proposed designated area;

  • (c) the age and fire resistance of the structure housing the proposed designated area;

  • (d) the adequacy of available firefighting equipment and firefighting personnel;

  • (e) the adequacy of control over the access to and egress from the proposed designated area;

  • (f) the possibility of explosives contamination in the area surrounding the proposed designated area; and

  • (g) the inherent safety of any fire-producing device that may be used in the proposed designated area.

78 [Revoked, SOR/82-779, s. 2]

79 Any vehicle or receptacle in which an explosive, or any ingredient thereof that by itself is possessed of explosive properties, or that when mixed with any other ingredient or article also present in such vehicle or receptacle is capable of forming an explosive mixture or an explosive compound, is conveyed from one building to another in a factory, or from any building to any place outside of the factory, or from one part of a factory to any other part or to a place outside of the factory shall, unless specially exempted by the licence, or by an order of an inspector, be constructed without any exposed iron or steel in the interior thereof, and shall convey only the explosive and ingredients, and shall be closed or otherwise properly covered over; and the explosive and ingredients shall be so conveyed with due diligence and with such precaution and in such manner as will sufficiently guard against any accidental ignition or explosion; but so much of this section as applies to the exclusion of iron or steel does not apply to a vehicle or receptacle in which no explosive other than an explosive of Division 1 of Class 6 (ammunition) is conveyed.

80 A person under the age of 16 years shall not be employed in or enter any danger building except in the presence and under the supervision of some responsible person over the age of 21 years.

81 Every ingredient in course of manufacture into explosive that either by itself is possessed of explosive properties, or that when mixed with any other ingredient or article also present in any working building is capable of forming an explosive mixture or an explosive compound, shall be removed with due diligence from such working building as soon as the process connected with those ingredients that is carried on in such building is completed, and all finished explosive shall with due diligence either be removed to a factory magazine or sent immediately from the factory, and such explosive and ingredients shall be loaded and unloaded with due diligence.

82 Where danger may arise from foreign matter being present with the explosive or any ingredient thereof, all ingredients to be made or mixed into the explosive shall, before being so made or mixed, be carefully examined, sifted or otherwise treated for the purpose of removing therefrom or excluding, so far as is practicable, all such dangerous foreign matter.

83 On the approach of a thunderstorm the magazines and other danger buildings shall be closed and every person engaged in or about them shall be withdrawn therefrom except where an operation is in process, the stopping of which would in itself contribute a danger, in which case the operation shall be carried on to that point at which it can be suspended with safety, and no such operation shall be commenced during the storm.

• 84 (1) The operator of a licensed factory shall, with respect to explosives other than fireworks and safety cartridges, keep the following records:

  • (a) a record of the quantity of each explosive manufactured, containing

    • (i) the brand name,

    • (ii) the strength,

    • (iii) the cartridge size, and

    • (iv) the lot number or other permitted identifying number;

  • (b) a record of the quantity of the explosive in his possession, containing

    • (i) the information set out in subparagraphs (a)(i) to (iii),

    • (ii) the designation of the magazine where the explosive is being stored,

    • (iii) the name and address of the person from whom the explosive was received if the explosive is not of his own manufacture, and

    • (iv) the date the explosive was received; and

  • (c) a record of the quantity of each explosive issued from the factory, containing

    • (i) the name and business address of each purchaser or consignee;

    • (ii) any one of the following numbers:

      • (A) the federal magazine licence number,

      • (B) the provincial or territorial magazine licence or permit number, or

      • (C) the Purchase and Possession Permit number of each purchaser or consignee,

    • (iii) the destination to which each shipment of the explosive is being sent,

    • (iv) the method of transport of each shipment of the explosive, including the security seal number where applicable,

    • (v) the manifest, bill of lading or shipping order number for each shipment of the explosive,

    • (vi) the quantity, brand name, strength and cartridge size of the explosives in the shipment,

    • (vii) the name, residential address and signature of the person taking delivery of the shipment,

    • (viii) a record of documents presented as proof of identity of the person taking delivery of the shipment, and

    • (ix) the date of delivery of each shipment.

• (2) The records described in subsection (1) shall be

  • (a) kept up to date;

  • (b) produced by the operator of the licensed factory to an inspector or a peace officer as defined in section 2 of the Criminal Code whenever the inspector or peace officer so requires;

  • (c) kept in a form approved by the Chief Inspector; and

  • (d) retained for three years.

• 85 (1) The operator of a licensed factory shall ensure that the exterior of every package containing explosives other than fireworks, propellants and safety cartridges is plainly and permanently marked with any one of the following numbers:

  • (a) the federal factory licence number,

  • (b) the federal magazine licence number,

  • (c) the federal temporary magazine licence number,

  • (d) the provincial or territorial magazine licence or permit number, or

  • (e) the Purchase and Possession Permit number

  of the purchaser or consignee of the explosive.

• (2) Subsection (1) does not apply to packages that are

  • (a) plastic or kraft paper bags; or

  • (b) shipping containers known as flexible intermediate bulk containers.

86 Every person who is required by the Minister under this Part to do or abstain from doing anything, shall do or abstain from doing such thing as may be required of him.

PART VIIIMagazines for Explosives

• 87 (1) The terms of a licence for a magazine shall be strictly observed, and the keeping or any work connected with the keeping of explosives shall not be carried on except in accordance with those terms.

• (2) Every magazine

  • (a) shall be used only for the keeping of such explosives as may be specified in the licence and of receptacles for the tools or implements for work connected with the keeping of such explosives; and

  • (b) shall have a door of solid construction securely hung, which, except when it is required to be open for the receipt or issue of explosives or other necessary purpose, shall be securely locked.

88 The operator of a licensed magazine may store and have in his possession authorized explosives to which his licence applies.

89 When an explosive of Class 5 (fulminate) is kept in a magazine, no explosive of any other class shall be kept in that magazine.

90 When two or more explosives are kept in the same magazine, they shall be separated from each other by an intervening partition of such substance and character as will effectually prevent explosion or fire in one explosive from communicating with the other, except that

• (a) the various explosives of Classes 1, 2, 3, 4, safety fuse belonging to Division 1 of Class 6, and such of the various explosives of Division 2 of Class 6 as do not contain any exposed iron or steel, may be kept with each other without any intervening partition;

• (b) the various explosives of Division 1 of Class 6 may be kept with each other without any intervening partition;

• (c) such of the various explosives of Division 2 of Class 6 as contain any exposed iron or steel may be kept with each other without any intervening partition;

• (d) the various explosives of Division 3 of Class 6 may be kept with each other without any intervening partition; and

• (e) the various explosives of Class 7 may be kept with each other without any intervening partition.

91 A building in which explosive is kept or present shall, unless specially exempted by the licence or by an order of an inspector, be deemed to be a danger building, and the interior of every such building, and the benches, shelves and fittings in such building, shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the detachment of any grit, iron, steel or similar substance in such manner as to come into contact with the explosive in such building, and such interior, benches, shelves and fittings shall, so far as is reasonably practicable, be kept clean and free from grit; except that so much of this section as applies to the exclusion of grit, iron or steel does not apply in a building in which no explosive other than explosive of Division 1 of Class 6 (ammunition) is kept.

92 Charcoal, whether ground or otherwise, oiled cotton, oiled rags or oiled waste, or any articles liable to spontaneous ignition, shall not be taken into any danger building except for the purpose of immediate supply and work or immediate use in such building, and upon the cessation of such work or use shall be forthwith removed.

93 Before repairs are done to, or in any room in or other part of, a danger building, that room or part shall, so far as is practicable, be cleaned by the removal of all explosive, and by the thorough washing of such room or part; such room or part of the building, after being so cleaned shall be deemed not to be a danger building within the meaning of this Part until explosive is again taken into it; and during the time that such room or part of the building is so deemed not to be a danger building within the meaning of this Part, a person employed to make such repairs may, notwithstanding anything in this Part, have matches in his possession in such room or part of the building if the work to be done by him requires the use of matches and if he holds a permit, signed by or under the authority of the operator of the magazine, authorizing him to have matches in his possession in such room or part of the building.

94 The Minister may, in writing, impose such conditions or restrictions as he deems necessary in respect of any particular magazine under this Part and he may, subject to such conditions as he may think expedient, waive any requirement under this Part in respect of any particular magazine.

95 The operator of a magazine shall constantly keep affixed in every danger building, either outside or inside, in such a manner as to be easily read, a statement of the quantity of explosive allowed to be in the building, a copy of this Part, a copy of any portions of the Act required by the Minister to be so affixed, such part of the licence as applies to the building and a copy of all conditions and restrictions imposed by the Minister under this Part with reference to that building, and the operator shall also suitably place in or near the site of the magazine, notices giving warning against trespassing on the property, which notices shall include the terms of section 18 of the Act.

96 All tools and implements kept or used in a danger building shall be made only of wood, copper, brass or some soft metal or material, or shall be covered with some safe and suitable material.

97 No person shall smoke or have in his possession a match or other fire-producing device in any part of or near a magazine.

98 Due provision shall be made, by the use of suitable working clothes without pockets and suitable shoes and by searching and otherwise, or by some or all of such means, to prevent the introduction into any danger building of fire, matches or any substance or article likely to cause explosion or fire, and to prevent the introduction of any iron, steel, or grit into any part of a danger building where it would be likely to come into contact with explosive; and in the case of a magazine in which any explosive that is liable to be dangerously affected by water is kept, due precautions shall be taken to exclude water from such magazine; but this section does not prevent the introduction of an artificial light of such construction, position, or character that will not cause any danger of fire or explosion; and so much of this section as applies to the exclusion of iron, steel or grit does not apply in a magazine in which no explosive other than explosive of Division 1 of Class 6 (ammunition) is kept.

99 [Revoked, SOR/82-779, s. 4]

100 Any vehicle or receptacle in which explosive is conveyed from one building to another in a magazine, or from any building to any place outside of a magazine, or from one part of a magazine to any place outside of a magazine shall, unless specially exempted by the licence or by an order of an inspector, be constructed without any exposed iron or steel in the interior thereof, and shall convey only the explosive, and shall be closed or otherwise properly covered over; and the explosive shall be so conveyed with due diligence and with such precautions and in such manner as will sufficiently guard against any accidental ignition or explosion; except that so much of this section as applies to the exclusion of iron or steel does not apply to a vehicle or receptacle in which no explosive other than explosive of Division 1 of Class 6 (ammunition) is conveyed.

101 A person under the age of 16 years shall not be employed in or enter any danger building, except in the presence and under the supervision of some responsible person over the age of 21 years.

102 On the approach of a thunderstorm the magazine, if open, shall be closed, and every person in or about the magazine shall be withdrawn therefrom for the duration of the storm.

• 103 (1) The operator of a licensed magazine shall, with respect to explosives other than fireworks, propellants and safety cartridges, keep the following records:

  • (a) a record of the quantity of each explosive received, containing

    • (i) the brand name,

    • (ii) the strength,

    • (iii) the cartridge size,

    • (iv) the name and address of the person from whom the explosive was acquired,

    • (v) the designation of the magazine where the explosive is being stored, and

    • (vi) the date the explosive was received;

  • (b) a record of each explosive in his possession, which shall contain the information set out in subparagraphs (a)(i) to (iii) and (v);

  • (c) except where the magazine is a temporary magazine, a record of the quantity of each explosive issued from the magazine containing

    • (i) the name and business address of each purchaser or consignee,

    • (ii) any one of the following numbers:

      • (A) the federal magazine licence number,

      • (B) the provincial or territorial magazine licence or permit number, or

      • (C) the Purchase and Possession Permit number

      of each purchaser or consignee,

    • (iii) the destination to which each shipment of the explosive is being sent,

    • (iv) the method of transport of each shipment of the explosive, including the security seal number where applicable,

    • (v) the manifest, bill of lading or shipping order number for each shipment of the explosive,

    • (vi) the quantity, brand name, strength and cartridge size of the explosives in the shipment,

    • (vii) the name, residential address and signature of the person taking delivery of the shipment,

    • (viii) the record of documents presented as proof of identity of the person taking delivery of the shipment, and

    • (ix) the date of delivery of each shipment;

  • (d) where the magazine is a temporary magazine, a record of the quantity of each explosive issued from the magazine, containing

    • (i) the brand name,

    • (ii) the strength,

    • (iii) the cartridge size, and

    • (iv) the use to which the explosive was put.

• (2) The records described in subsection (1) shall be

  • (a) kept up to date;

  • (b) produced by the operator of the licensed magazine to an inspector, or to a peace officer as defined in section 2 of the Criminal Code whenever the inspector or peace officer so requires;

  • (c) kept in a form approved by the Chief Inspector; and

  • (d) retained for three years.

• 104 (1) The operator of a licensed magazine shall ensure that the exterior of every package containing explosives other than fireworks, propellants and safety cartridges is plainly and permanently marked with any one of the following numbers:

  • (a) the federal factory licence number,

  • (b) the federal magazine licence number,

  • (c) the federal temporary magazine licence number,

  • (d) the provincial or territorial magazine licence or permit number, or

  • (e) the Purchase and Possession Permit number

  of the purchaser or consignee of the explosive.

• (2) Subsection (1) does not apply to packages that are

  • (a) plastic or kraft paper bags; or

  • (b) shipping containers known as flexible intermediate bulk containers.

105 Every person who is required by the Minister under this Part to do or abstain from doing anything, shall do or abstain from doing such thing as may be required of him.

PART IXMagazines for Fireworks

• 106 (1) The terms of a licence for a magazine for fireworks shall be strictly observed, and the keeping, or any work connected with the keeping, of fireworks shall not be carried on except in accordance with those terms.

• (2) A magazine for fireworks shall be used exclusively for the keeping of such fireworks as may be specified in the licence, and of receptacles for such tools or implements required for work connected with the keeping of such fireworks.

• (3) Every magazine used for the keeping of fireworks shall be kept locked except when required to be open for the receipt or issue of fireworks or other necessary purpose.

107 The operator of a licensed magazine for fireworks may store and have in his possession authorized fireworks to which his licence applies.

108 Where a magazine for fireworks forms part of a building, the other parts of which are used for any other purpose, it shall be separated therefrom by suitable fireproof partitions and the floor, roof and doors shall also be of a fireproof character; it shall be equipped with an efficient system of sprinklers, and such other measures as may, in the opinion of an inspector, be deemed necessary in the interests of the prevention or localization of fire, shall be taken by the licensee, whether or not these are set forth in the terms of the licence.

109 Where a detached building is used as a magazine for fireworks, the provision of sprinklers and fireproof walls, floor, roof and doors shall, unless specially required by the terms of licence, be optional, but such other measures as may, in the opinion of an inspector, be deemed necessary in the interests of the prevention and localization of fire, shall be taken by the licensee, whether or not these are set forth in the terms of the licence.

110 The interior of a magazine for fireworks, and the benches, shelves and fittings in the magazine, shall be so constructed or so lined or covered as to prevent the exposure of any iron or steel and the detachment of any grit, iron, steel or similar substance in such manner as to come in contact with the fireworks in such magazine; and such interior, benches, shelves and fittings shall, so far as is reasonably practicable, be kept clean and free from grit.

• 111 (1) No fire, matches, oiled waste, iron, steel, grit or any article liable to spontaneous ignition, or likely to cause explosion or fire, shall be taken into, or be permitted to be in a magazine for fireworks.

• (2) No lights shall be taken into, or be permitted to be in a magazine for fireworks, other than electric lights or electric torches or other closed and protected lanterns that are so designed and constructed that the incandescent portion thereof cannot come into contact with any material outside of the lantern, and that are not liable to cause fire or explosion on falling.

111.1 No person shall smoke or have in his possession a match or other fire-producing device in any part of or near a magazine for fireworks.

112 The operator of a magazine for fireworks shall constantly keep affixed in every such magazine, either outside or inside, in such manner as to be easily read, a statement of the quantity of fireworks allowed to be in the magazine, a copy of this Part, a copy of all conditions and restrictions imposed by the Minister under this Part, any part of the Act required by the Minister to be so affixed, and such part of the licence as applies to the magazine; and where the magazine is an entire building separate from other buildings, the operator shall suitably place in or near the site of the magazine, notices giving warning against trespassing on the property, which notices shall include the terms of section 18 of the Act.

113 All tools or implements kept or used in a magazine for fireworks, or in opening, securing and removing packages containing fireworks, shall be made only of copper, bronze, brass, gun metal, wood, or other safe and suitable material.

114 A person under the age of 16 years shall not be employed in or enter any magazine for fireworks, except in the presence and under the supervision of some responsible person over the age of 21 years.

115 Every magazine for fireworks shall have the word “EXPLOSIVES” clearly displayed thereon in large letters on a contrasting background.

• 116 (1) The Minister may, in writing, impose such conditions or restrictions as he deems necessary in respect of any particular magazine for fireworks under this Part and he may, subject to such conditions as he may think expedient, waive any requirement under this Part in respect of any particular magazine for fireworks.

• (2) Every person who is required by the Minister under this Part to do or abstain from doing anything, shall do or abstain from doing such thing as may be required of him.

PART XSale of Explosives

• 117 (1) Except as provided in this section, no person shall sell

  • (a) any authorized explosive of Class 7, Fireworks, unless he is the operator of a licensed factory or licensed fireworks magazine; or

  • (b) any other explosive unless the explosive is an authorized explosive and he is the operator of a licensed factory or licensed magazine other than a licensed temporary magazine and the purchaser is

    • (i) the operator of a licensed factory or licensed magazine,

    • (ii) the holder of a valid licence or permit issued by an authorized provincial or territorial department or agency providing for the storage of explosives, or

    • (iii) the holder of a valid Purchase and Possession Permit.

• (2) The operator of a licensed factory, licensed fireworks magazine or licensed magazine other than a licensed temporary magazine is authorized to sell only the authorized explosives to which his licence applies.

• (3) Any person may, subject to the following conditions and restrictions, have in his possession and sell the following authorized explosives:

  • (a) gunpowder or small arms propellant, if the total quantity stored for sale does not exceed 12 kilograms and the explosive is stored in a detached store or suitable receptacle, as defined in sections 134 and 136, in accordance with the provisions set out in sections 135 and 137;

  • (b) percussion caps, if the total number stored for sale does not exceed 10,000 and they are stored separately from other explosives in a suitable receptacle as defined in section 136;

  • (c) safety cartridges and safety fuses, if the quantity stored does not exceed that permitted by Part XI; and

  • (d) Subdivisions 1, 3 and 4 of Division 2 fireworks, if the quantity stored does not exceed that permitted by Part XI.

• (4) Any person may sell explosives to an inspector.

117.1 Any person who is permitted to sell explosives under subsections 117(1) and (2) is hereby authorized to issue an Explosives Purchase and Possession Permit in Form 20 of Schedule II on condition that,

• (a) where the purchaser is known to the vendor, the vendor obtains from the purchaser the information required by that Permit and causes that Permit to be duly completed; or

• (b) where the purchaser is not known to the vendor, the purchaser presents to the vendor a statement signed by the local police indicating that the police have verified the identity and domicile address of the purchaser, and the vendor obtains from the purchaser the information required by that Permit and causes that Permit to be duly completed.

• 118 (1) Every person who manufactures or imports into Canada an explosive shall print legibly on the explosive or, if printing thereon is not practicable, on every package containing the explosive,

  • (a) his name and address or the name and address of his authorized distributor;

  • (b) the brand or trade name of the explosive;

  • (c) any logotype used in connection with his business; and

  • (d) precautions or instructions for the safe handling, storage and use of the explosive.

• (2) No person who sells an explosive shall alter, deface or obscure any printing on the explosive or on a package containing the explosive.

• 119 (1) No person shall knowingly sell, deliver or cause to be delivered to any person any explosive that he has reasonable grounds to believe may be used for a criminal or mischievous purpose.

• (2) Where the operator of a factory, magazine or vehicle reasonably believes that the delivery of explosives to a person would violate any provision of the Act or these Regulations or any term or condition of a factory or magazine licence, he shall not deliver explosives to that person.

• 120 (1) Except as provided in sections 120.1 and 120.2, no person shall knowingly sell any explosive to a person who

  • (a) is under 18 years of age; or

  • (b) appears to be under 18 years of age and does not produce evidence that he is 18 years of age or older.

• (2) For the purposes of this section, “explosive” does not include

  • (a) caps for toy guns included in Subdivision 1 of Division 2 of Class 7 fireworks; or

  • (b) pyrotechnic distress signals or lifesaving devices that fall within the description of any class of explosives set out in Part I.

120.1 No person shall knowingly sell safety cartridges to a person who

• (a) is under 16 years of age, unless he is the holder of a valid permit to possess a firearm issued pursuant to subsection 110(6) of the Criminal Code; or

• (b) appears to be under 16 years of age and does not produce evidence that he is 16 years of age or older.

120.2 No person shall knowingly sell model rocket engines included in Subdivision 3 of Division 2 of Class 7 fireworks to a person who

• (a) is under 12 years of age; or

• (b) appears to be under 12 years of age and does not produce evidence that he is 12 years of age or older.

120.3 No person shall purchase or attempt to purchase any explosives referred to in sections 120, 120.1 and 120.2 unless the person is

• (a) in the case of section 120, 18 years of age or older;

• (b) in the case of section 120.1, 16 years of age or older or is the holder of a permit referred to in paragraph 120.1(a); and

• (c) in the case of section 120.2, 12 years of age or older.

121 No person shall sell Subdivision 2 of Division 2 fireworks to another person unless that other person is

• (a) an inspector of explosives appointed under subsection 13(1) of the Act;

• (b) an operator of a factory licensed to manufacture or to sell Subdivision 2 of Division 2 fireworks;

• (c) an operator of a magazine licensed to store or to sell Subdivision 2 of Division 2 fireworks;

• (d) a person who has completed a fireworks training course approved by the Chief Inspector; or

• (e) a person who has submitted evidence to the Chief Inspector that he has reasonable knowledge of and practical experience in the handling and use of Subdivision 2 of Division 2 fireworks.

122 No person shall sell Subdivision 5 of Division 2 fireworks to another person unless that other person is engaged in the occupation for which the fireworks have been designed and authorized.

123 Where a person sells a propellant of Division 1 of Class 1 or of Division 1 or 2 of Class 3, or fireworks of Subdivision 2 or 5 of Division 2 of Class 7, the person shall keep a record of the sale in a manner indicated by the Chief Inspector and shall make the record available, on request, for inspection by an inspector or a peace officer.

PART XIStorage and Handling of Ammunition and Fireworks

124 No person shall keep any explosive, other than one belonging to Division 1 of Class 6 (ammunition), on the same premises where explosives of Class 7 (fireworks) are kept.

• 125 (1) Subject to subsection (2), the quantity of explosives of Division 2 of Class 7 (manufactured fireworks) and of Division 1 of Class 6 (ammunition) that a person may have in his possession if kept in any store or warehouse shall not exceed,

  • (a) in a separate store or warehouse,

    • (i) 125 kilograms gross weight of Subdivisions 2 and 5 of Division 2 of Class 7,

    • (ii) 1 000 kilograms gross weight of Subdivisions 1, 3 and 4 of Division 2 of Class 7, or

    • (iii) 225 kilograms of explosives contained in ammunition of Division 1 of Class 6; or

  • (b) in a container

    • (i) 25 kilograms gross weight of Subdivisions 2 and 5 of Division 2 of Class 7,

    • (ii) 100 kilograms gross weight of Subdivisions 1, 3 and 4 of Division 2 of Class 7, or

    • (iii) 225 kilograms of explosives contained in ammunition of Division 1 of Class 6.

• (2) When Subdivisions 1, 3 and 4 of Division 2 of Class 7 are being displayed for sale they shall be displayed

  • (a) in lots that do not exceed 25 kilograms each gross weight;

  • (b) in a package, glass case or other suitable receptacle away from inflammable goods; and

  • (c) in a place where they are not exposed to the rays of the sun or to excess heat.

126 Division 2 fireworks in excess of the quantity specified in section 125 shall be kept in a licensed fireworks factory or magazine or in such other place as the Chief Inspector may for the purpose approve.

127 In this Part, “separate store or warehouse” means a store or warehouse that is

• (a) detached from any dwelling house and situated at a safe distance from any highway, street, public thoroughfare or public place;

• (b) made and closed so as to prevent unauthorized persons having access thereto, and to secure it from danger from without;

• (c) exclusively used for the keeping of manufactured fireworks and ammunition belonging to Division 1 of Class 6; and

• (d) well and substantially constructed of suitable material.

128 In regard to any separate store, the following provisions shall be observed:

• (a) the door of the store shall be of substantial construction and shall be kept securely closed and locked except when the store is required to be open for the receipt or issue of explosives, or for other necessary purpose;

• (b) adequate provision shall be made for the ventilation of the store;

• (c) the interior of the store shall be kept scrupulously clean;

• (d) any article or substance of a highly inflammable nature, or any article liable to cause fire or explosion, shall be kept at a safe distance from the store;

• (e) no fire, matches, oiled waste, iron, steel, grit, or any article liable to spontaneous ignition, or likely to cause explosion or fire, shall be taken into, or permitted to be at any time in the store, nor shall any lights be taken into or be permitted to be at any time in the store, other than electric lights or electric torches or other closed and protected lanterns that are not liable to cause fire or explosion on falling and are so designed and constructed that the flame or incandescent portion cannot come in contact with any material outside of the lantern;

• (f) all tools or implements kept or used in a store where explosives are present, or in opening, securing and removing packages containing explosives shall be made only of copper, bronze, brass, gun metal, wood or other safe and suitable material; and

• (g) the store shall have the word “AMMUNITION” or “FIREWORKS”, as the case may be, conspicuously displayed thereon on a contrasting background.

129 In this Part, “container” means a box or other suitable receptacle

• (a) that may be placed inside a building that is not itself adapted for the keeping of explosives; and

• (b) that is kept in a part of the premises away from goods of an inflammable nature.

• (c) and (d) [Revoked, SOR/79-1, s. 6]

130 In regard to any container, the following provisions shall be observed:

• (a) it shall be provided with a closely-fitting lid and shall be kept securely closed and locked except when the container is required to be open for the receipt or issue of explosives, or for other necessary purpose;

• (b) it shall not be used for any other purpose than the keeping of manufactured fireworks of Division 2 of Class 7, or of explosive of Division 1 of Class 6 (ammunition);

• (c) the interior of the container shall be kept scrupulously clean; and

• (d) the container shall have the word “AMMUNITION” or “FIREWORKS”, as the case may be, conspicuously displayed thereon on a contrasting background.

131 Subject to any provincial law or regulation or any municipal by-law, a person may, if he takes reasonable precautions against accidents, keep in his possession on his premises, for private use and not for sale,

• (a) a quantity of Division 2 of Class 7 fireworks, not exceeding 10 kilograms gross weight, that were sold to him in accordance with these Regulations;

• (b) such quantity of safety cartridges as he may reasonably require for a rifle, revolver or shotgun that he may lawfully possess and use; and

• (c) any quantity of Christmas crackers and caps for toy guns.

PART XIIAmount of Authorized Explosive that May Be Kept for Use and Not for Sale in Places other than Licensed Factories and Licensed Magazines and Registered Premises and the Manner in Which It Shall Be Handled and Stored

132 This Part does not apply to premises used for the keeping of explosives of Division 1 of Class 6 (ammunition) or of Division 2 of Class 7 (fireworks).

133 Subject to this Part, explosives kept for private use, and not for sale, in any place other than a licensed magazine or licensed factory shall be kept in a detached store or a suitable receptacle as defined in this Part and the quantity of explosives so kept shall not exceed the maximum quantities prescribed by this Part.

134 In this Part, detached store means

• (a) a building well and substantially constructed of brick, stone, concrete, or other fire-resistant substance or of wood covered or treated with fire-resistant material, and

• (b) a bin well and substantially constructed of wood covered or treated with fire-resistant material,

which building, or bin is

• (c) detached from any dwelling house and situated at a safe distance from any highway, street, public thoroughfare, or public place;

• (d) made and closed so as to prevent unauthorized persons having access thereto, and to secure it from danger from without; and

• (e) exclusively used for the keeping of explosives.

135 In regard to any detached store, the following provisions shall be observed:

• (a) the door of the store shall be of substantial construction and shall open outwards, and shall be kept securely closed and locked except when the store is required to be open for the receipt or issue of explosives, or for other necessary purpose;

• (b) adequate provision shall be made for the ventilation of the store;

• (c) the interior of the store and all fittings therein shall be so constructed, covered or lined as to prevent the exposure of any iron or steel, or of any hard or gritty surface, or the entry, detaching or accumulating of any grit, iron, steel, or similar substance;

• (d) the interior of the store shall be kept scrupulously clean;

• (e) in the case of any explosive that is liable to be dangerously affected by water, such as those of Division 1 of Class 3, due precautions shall be taken to exclude water from the store;

• (f) any article or substance of a highly inflammable nature, or any article liable to cause fire or explosion shall be kept at a safe distance from the store;

• (g) no fire, lights, matches, oiled waste, iron, steel, grit or any article liable to spontaneous ignition, or likely to cause explosion or fire shall be taken into, or permitted to be at any time in the store;

• (h) all tools or implements kept or used in a store where explosives are present, or in opening, securing or removing packages containing explosives shall be made only of copper, bronze, brass, gun metal, wood or other safe and suitable material; and

• (i) the store shall have the word “EXPLOSIVES” clearly displayed thereon in large letters on a contrasting background.

136 In this Part, “suitable receptacle” means a substantial box or substantial container,

• (a) that may be placed inside a building that is not itself adapted for the keeping of explosives;

• (b) the location of which is not changed from that prescribed by an inspector or under provincial or municipal law;

• (c) that is kept away from goods of an inflammable nature; and

• (d) that is of easy access for removal in case of fire.

137 In regard to any receptacle, the following provisions shall be observed:

• (a) it shall be provided with a closely fitting lid secured by a lock, and hinges and fastenings, preferably of copper or brass, and otherwise closed and secured so as to prevent unauthorized persons having access thereto, and shall be kept locked except when required to be open for receipt or removal of explosives, or other necessary purpose;

• (b) it shall be exclusively used for the keeping of explosives;

• (c) it shall be made of wood, copper or other suitable material;

• (d) the interior of the receptacle and all fittings therein shall be so constructed, covered or lined as to prevent the exposure of any iron or steel, or of any hard or gritty surface, or the entry, detaching, or accumulating of grit, iron, steel or similar substance;

• (e) the interior of the receptacle shall be kept scrupulously clean; and

• (f) the receptacle shall have the word “EXPLOSIVES” conspicuously displayed thereon on a contrasting background.

138 Explosives kept for use and not for sale shall not be kept on the same premises with any explosive that is not an authorized explosive or an explosive of Class 5 (fulminate).

139 No detonators shall be kept in a detached store or suitable receptacle in which explosives of Class 1, 2, 3 or 4 or safety fuses, fuse lighters, igniter cords or connectors are stored.

• 140 (1) Subject to subsection (3), the quantity of authorized explosives that may be kept in a detached store, whether or not the explosives are kept in a suitable receptacle, shall not

  • (a) in the case of explosives of Classes 1, 2, 3 and 4, exceed 75 kg in the aggregate; and

  • (b) in the case of detonators, exceed 100.

• (2) Subject to subsection (3), the quantity of authorized explosives that may be kept in a suitable receptacle shall not

  • (a) in the case of explosives of Classes 1, 2, 3 and 4, exceed 10 kg in the aggregate, of which not more than 5 kg shall be blasting cartridges; and them; and

  • (b) in the case of detonators, exceed 100.

• (3) Subsections (1) and (2) do not apply in respect of safety fuses, fuse lighters, igniter cords and connectors.

• (4) and (5) [Revoked, SOR/90-571, s. 2]

141 When two or more explosives are kept on the same premises they shall each be kept in separate stores or receptacles, so separated from one another as to effectually prevent fire or explosion in one explosive from communicating with the other, except that

• (a) the various explosives of Class 1 (gunpowder), Class 2 (nitrate mixture), Class 3 (nitro-compound), Class 4 (chlorate-mixture), safety fuse belonging to Division 1 of Class 6 (ammunition), and such of the various explosives of Division 2 of Class 6 (ammunition) as do not contain any exposed iron or steel, may be kept in the same store or receptacle with each other without any intervening partition or space;

• (b) the various explosives of Division 1 of Class 6 (ammunition) may be kept in the same store or receptacle with each other without any intervening partition or space;

• (c) such of the various explosives of Division 2 of Class 6 (ammunition) as contain exposed iron or steel may be kept in the same store or receptacle with each other without any intervening partition or space;

• (d) the various explosives of Division 3 of Class 6 (ammunition) may be kept in the same store or receptacle with each other without any intervening partition or space; and

• (e) the various explosives of Class 7 (fireworks) may be kept in the same store or receptacle with each other without any intervening partition or space.

PART XIIIPossession of Explosives

• 142 (1) Subject to subsection (2), a person may have explosives in his possession if

  • (a) he has been issued and has in his possession a valid Purchase and Possession Permit;

  • (b) he has been issued and has in his possession a valid licence or permit issued by an authorized provincial or territorial department or agency providing for the storage of explosives;

  • (c) he has been issued and has in his possession an Importers Transmission Schedule, validated by a customs officer;

  • (d) the explosives are being transported in a vehicle, of which he is the driver, that complies with Part VI and he has in his possession the documents prescribed by the Transportation of Dangerous Goods Regulations; or

  • (e) he imports the explosives under section 148 for private use and not for sale.

• (2) No person referred to in subsection (1) may have explosives in his possession unless

  • (a) he handles, stores and transports the explosives in accordance with these Regulations;

  • (b) the type of explosive is the same as, and the quantity thereof no greater than, that specified in the applicable permit, licence, schedule or documents referred to in paragraphs 1(a) to (d); and

  • (c) he is of the applicable age prescribed by section 120.3 for the purchase of those explosives and has purchased or imported the explosives in accordance with all other requirements of these Regulations.

143 A person may have up to 75 kilograms of gunpowder and small arms propellant in his possession if they are stored in accordance with Part XII.

144 Any person having explosives in his possession shall arrange for and cause to be carried out their destruction or suitable disposition prior to or on the expiry of the relevant licence or Purchase and Possession Permit.

145 [Revoked, SOR/89-380, s. 2]

146 Any person may have in his possession any explosive on behalf of an inspector or a peace officer.

147 No person shall have in his possession an explosive that has been declared to be an authorized explosive if the nature and composition of the explosive, the limiting percentages of each ingredient of the explosive or the packaging or markings of the explosive are not in accordance with the particulars given pursuant to section 16.

PART XIVImportation of Explosives

• 148 (1) An explosive named in the table to this section may, without an Explosives Importation Permit, be imported for private use and not for sale in a shipment that does not contain more of that explosive than the quantity set out for that explosive in that table.

• (2) Christmas crackers may, without an Explosives Importation Permit, be imported for private use or sale.

• (3) Caps for toy guns may be imported for private use or sale without an Explosives Importation Permit when packed with individual novelties, other than toy guns, and imported in a quantity of not more than 50 per package.

  Item	Column I	Column II
  	Explosive	Quantity
  1	safety cartridges except hollow point handgun ammunition	5,000
  2	percussion caps (primers) for safety cartridges	5,000
  3	empty primed cartridge cases	5,000
  4	gunpowder (black powder) in canisters of 500 g or less and smokeless powder in canisters of 4 000 g or less	8 kg
  5	model rocket engines	6
  6	pyrotechnic distress signals and lifesaving devices	any quantity necessary for the safe operation of the aircraft, train, vessel or vehicle in which they are transported, or for the safety of the occupants

149 The Minister may, having regard to safety and security, issue to a person who applies therefor a General Importation Permit to import an explosive named in the permit for chemical analysis, scientific research, field testing and fireworks competitions or other special purposes.

PART XVExplosives Under the Direction or Control of the Minister of National Defence

150 In this Part,

defence explosives

defence explosives means explosives that by section 151 are deemed to be under the direction or control of the Minister of National Defence; (explosifs de défense)

Department

Department means the Department of National Defence; (ministère)

explosive

explosive means explosive as defined in section 2 of the Act; (explosif)

Minister

Minister means the Minister of National Defence and any officer designated by him for the purposes of this Part. (ministre)

151 Explosives are deemed to be under the direction or control of the Minister while they are

• (a) in or on any area or structure under the control of the Minister or in or on any area or structure at his direction;

• (b) being used by the Canadian Forces, the Defence Research Board or any other branch or service of the Department for military purposes;

• (c) in or on a departmental vehicle or a vehicle that, on behalf of the Department is operated by, or in the custody of an officer or man or civilian employee of the Department;

• (d) in or on any vehicle under the supervision of an officer or man or civilian employee of the Department acting within the scope of his duties or employment; or

• (e) under the direction and control of the armed forces cooperating with the Canadian Forces.

Offences and Penalties

152 All persons engaged in the loading, unloading, conveyance, storage, inspection, testing, repair or maintenance of defence explosives shall observe all lawful orders, instructions and due precautions for the prevention of accidents by fire or explosion, and for preventing unauthorized persons having access to the defence explosives so being loaded, unloaded, conveyed, stored, inspected, tested, repaired or maintained, and shall abstain from any act or omission whatever that tends to cause fire or explosion and is not reasonably necessary for the purpose of loading, unloading, storing, inspecting, repairing, testing, maintenance or conveyance of such defence explosives or of any other article carried therewith, and for preventing any other person from committing any such act.

153 No person shall

• (a) loiter in the vicinity of any area or structure where defence explosives are stored;

• (b) loiter in the vicinity of any vehicle referred to in section 151 or any vehicle operated by or in the custody of armed forces cooperating with Canadian Forces, by which defence explosives are being transported; or

• (c) except by or under the authority of the Minister or, in the case of armed forces cooperating with Canadian Forces, the Commanding Officer of such forces, enter into or upon any such area, structure of vehicle.

154 No person shall do any act or omit to do anything, which act or omission causes or is likely to cause an explosion or fire in or about any area or structure where defence explosives are kept or stored or in or about any vehicle referred to in section 153 by which defence explosives are being transported.

155 Every person who violates any provision of section 152, 153 or 154 is guilty of an offence and is liable on summary conviction to the penalties provided for in section 22 of the Act.

Other Explosives

156 All explosives of the Department that are not defence explosives are subject to the provisions of the Act and of all regulations made thereunder other than this Part.

PART XVIBlending and Use of Theatrical Explosives

157 In this Part,

technician

technician means a person who is qualified by reason of his knowledge, training and experience to use a theatrical explosive; (technicien)

theatrical explosive

theatrical explosive means an authorized explosive of a class set out in section 6 that is made, manufactured or used to produce a pyrotechnic theatrical effect in connection with a motion picture, theatre or television production or with a performance before a live audience; (explosif de théâtre)

two-component theatrical explosive

two-component theatrical explosive means a theatrical explosive that is formed by blending two inexplosive components. (explosif de théâtre de deux parties composantes)

• 158 (1) No person, other than a technician or a person under the direct supervision of a technician, shall use or handle a theatrical explosive.

• (2) A technician or a person under the direct supervision of a technician may, at a place other than a licensed factory, blend and use a two-component theatrical explosive at or near the place of use if

  • (a) the blending is carried out in accordance with the instructions of the manufacturer or in a manner authorized by the Chief Inspector;

  • (b) the explosive is used only in the type of equipment and at the minimum safe distance recommended by the manufacturer;

  • (c) only the quantity of explosive required for use at a single performance before a live audience or the shooting of a single scene is blended and any surplus quantity of the explosive is destroyed or otherwise safely disposed of without undue delay;

  • (d) prior to the performance before a live audience or the shooting of a single scene, no quantity of either of the unmixed inexplosive components remains near the place of use; and

  • (e) the technician or person acting under his direct supervision takes reasonable precautions to prevent accidents resulting in fire or explosion and to prevent unauthorized persons from gaining access to the two-component theatrical explosive or the unmixed components thereof.

SCHEDULE I(Section 42)

Class of Explosive	Method of Packing	Gross Weight	Maximum amount in any one inner Package
Class 1	An outer package, as defined in section 38	50 kg
Class 2	As for Class 1	50 kg
Class 3, Div. 1, other than propellants and nitroglycerine	A double package consisting of an inner package and an outer package as above defined; either the inner or outer package shall be thoroughly waterproof.	35 kg	28 kg
Class 3, Div. 1, propellants	As for Class 1	100 kg
Class 3, Div. 1, Nitroglycerine	Nitroglycerine shall, if required to be packed for conveyance, be packed in accordance with conditions set forth in a special authority.
Class 3, Div. 2, other than propellants and nitrocellulose	A double package consisting of an inner package and an outer package as above defined.	35 kg	28 kg
Class 3, Div. 2, propellants	As for Class 1	100 kg
Nitrocellulose so wetted with water or alcohol as to contain not less than 1 kg water or alcohol to 4 kg dry material	As for Class 1, provided that the package is of such a nature and so closed as to prevent any material loss of water or alcohol during conveyance.	200 kg
Nitrocellulose dry-uncompressed	A double package consisting of an inner package and an outer package as above defined; the inner package shall have a strong wrapper of paraffined paper or other suitable spark-proof material.	5 kg	0.5 kg
Nitrocellulose dry-compressed	As for dry uncompressed nitrocellulose	35 kg
Class 4, Div. 1	As for Class 3, Division 1, other than propellants and nitroglycerine.	35 kg	6 kg
Class 4, Div. 2	As for Class 3, Division 1, other than propellants and nitroglycerine.	65 kg
Class 5, Div. 1	The explosive shall be packed wet containing not less than 25% water, and shall, in this condition be enclosed in a treble package; the innermost package containing the wet explosive shall be a bag of heavy cotton cloth or other suitable material of close mesh but permeable to water; the intermediate package shall contain all the individual packages and sufficient water to keep the explosive in them constantly wet, and may, consistent with the requirements of the security of the whole package, be in the form of a rubber bag, or of a case, or of such special lining to the outer packages as will efficiently attain this object, and it must itself be constantly surrounded by or saturated with water; the outer package shall be as above defined, and shall be of such construction and material as will not allow water to escape.	115 kg
Class 5, Div. 2	Explosives of this Division shall, if required to be packed for conveyance, be packed in accordance with conditions set forth in a special authority.
Class 6, Div. 1	As for Class 1, except that section 39 of these Regulations does not apply to explosives of this Division; bulleted cartridges shall be packed in such a manner that the point of any bullet cannot come in contact with the cap of another cartridge.	Unlimited
Class 6, Div. 2	Explosives made up into cartridges or charges for cannon, shells, torpedoes, mines, blasting or other like purposes shall be packed in such a manner and in such quantity as is required for the same explosive when not so made up; where a double package is required the enclosing case of such cartridges or charges, may, if it satisfies the conditions required for the inner package, be held to be such inner package.	75 kg
	Other ammunition of this Division: a single outer package.	75 kg
Class 6, Div. 3, other than detonators and electric detonators	A double package consisting of an inner package and an outer package as above defined.	75 kg
Detonators	(a) Not exceeding 5,000; a double package consisting of an inner package and an outer package as defined; the detonators shall fit snugly in the inner package, and shall be closed securely against leakage of contents by suitable elastic material placed over the detonators; the inner packages shall be separated from the outer package by a layer of sawdust, excelsior or equivalent cushioning material at least one inch thick.	5,000 in number.	100 in number.
	(b) Exceeding 5,000; the detonators shall be packed in inner packages as described in (a) above. Such inner packages shall be packed in a double outside package, the two outside packages being separated at all points by at least one inch of sawdust, excelsior or equivalent cushioning material.	75 kg	100 in number.
Electric detonators	A double package consisting of an inner package and an outer package as defined.	75 kg	100 in number.
Class 7, Div. 1	A double package consisting of an inner package being hermetically closed, and contained in an outer package as defined.	10 kg	0.5 kg
Class 7, Div. 2	As for Class 1, except that section 39 of these Regulations does not apply to explosives of this division.	230 kg

SCHEDULE II(Sections 25, 53 and 145)

ENERGY, MINES AND RESOURCES CANADAFORM 1

Explosives BranchOttawa, CanadaK1A 0E4

		THE REPLIES TO BE WRITTEN IN THIS COLUMN
1	Applicant’s Name
	Applicant’s Address
NOTE — In cases where the application is made on behalf of a Company, the name, business, and address of the Company, and the name of the Secretary, should be given.
2	Situation of the proposed Factory or Magazine.
	Province
	County
	Township
	Town or City
3	Explosive proposed to be stored or manufactured.
	Class
	Division (if any)
	Name and Description
NOTE — The class and division (if any) stated, should be in accordance with Part I of the Explosives Regulations, made under the Act.
4	A draft licence must be attached to this application and be accompanied (as far as applicable) by:
	(a) a plan, satisfactory to the Minister, drawn to scale, of the proposed factory or magazine and of the site on which such factory or magazine is situated and of all buildings or structures thereon or proposed to be erected thereon and also of the lands adjacent thereto and all buildings or structures thereon with a statement of the uses to which such site, buildings or structures are or are to be put and the exact distances between the several buildings or structures marked thereon; (b) a description of the situation, character and construction of all buildings and works connected with the factory or magazine and the maximum amount of explosive to be kept in each building; (c) a statement of the maximum number of persons to be employed in each building in the factory or magazine; (d) in the case of an application for a factory licence, a statement of the maximum amount of explosive, and of ingredients thereof wholly or partially mixed to be allowed at any one time in any building, machine, or process of the manufacture, or within the distance from such building or machine which is limited by regulation; (e) in the case of an application for a factory licence, a statement of the nature of the processes to be carried on in the factory and each part thereof, and the place at which each process of the manufacture, and each description of work connected with the factory, is to be carried on, and the places in the factory at which explosives and anything liable to spontaneous ignition, or inflammable or otherwise dangerous, are to be kept; and (f) any other information or evidence which the Minister may require.
5	Remarks
Signature of Applicant
Postal Address of Applicant
Date of Application		Telephone No.:
		(Area Code)

• Return to footnote ^*If application is for a factory licence strike out the word “magazine” and vice versa.

EXPLOSIVES DIVISIONFORM 2

Department of Energy, Mines and Resources

FACTORY LICENCE

No
Registry No.
Licensee’s Name
“         Calling
”         Address
	Footnote for FACTORY LICENCE *Province
Situation of the Factory	Footnote for FACTORY LICENCE *County
	Footnote for FACTORY LICENCE *Township
	Footnote for FACTORY LICENCE *City or Town
Return to footnote *Small graphic is not displayed. IN PURSUANCE of the Explosives Act, the Factory at the above-named situation is hereby licensed for the manufacture of explosives subject to the provisions of the said Act, and of any Orders in Council, regulations, and rules made and to be made thereunder, and in force for the time being, and subject also to the terms hereunto annexed, and to such other terms, conditions and requirements as may be imposed from time to time by the Minister. Issued by the Minister of Energy, Mines and Resources
	Minister of Energy, Mines and Resources
Ottawa
day of

EXPLOSIVES DIVISIONFORM 3

Department of Energy, Mines and ResourcesTerms of Licence(Explosives Factory)

The following are the terms annexed to the Licence No. dated for an Explosives Factory.

• 1 The site of the Factory shall be that shown on the plan, signed by an Inspector, and attached hereto.

• 2 The mounds, buildings, and works on or connected with the Factory shall be on the sites shown on said plan and their construction shall be as set forth in Form 4 attached hereto.

• 3 If the distance between any danger building and any building of the Factory is less than that shown on the said plan, the quantity of Explosives present in such danger building shall be Nil, or such quantity as an Inspector may from time to time prescribe in writing, notwithstanding anything contained in any other term of the Licence.

• 4 The Explosives for which authority to manufacture is given under this Licence are detailed in Form 5 attached hereto.

• 5 The processes to be carried out in each part of the Factory, and the place at which each such process is to be carried on, shall be those set forth in Form 6 attached hereto, but the occupier of the Factory may in a case of emergency, temporarily use one building or part of a building in which any process of the manufacture is, under the terms of the Licence, carried on, for another process of the manufacture, if he does not carry on in such building or part more than one process at the same time, and if the quantity of explosives or ingredients thereof in such building or part does not exceed the quantity to be therein, or any less quantity allowed to be in the building or part of the building in which such other process is usually carried on; but immediately upon such use being commenced, he shall send notice of such use to an Inspector of Explosives, and he shall immediately discontinue such use if the Inspector so requires.

• 6 The limitations and applications set forth in Form 6 attached hereto shall be duly observed, except that the limitation of the number of persons specified in the said Form does not include those who in the course of their duties may require to visit the building.

• 7 The distances to be maintained between the buildings of the factory and such buildings and works outside the factory as are specified in Form 7 attached hereto, shall be those set forth in the said Form.

• 8 Any conditions or restrictions imposed by the Minister under section 73 of the Explosives Regulations shall be posted in suitable places for the information of all concerned.

• 9 Special Rules drawn up by the occupier, designed to secure the observance of the provisions of the Act and of conditions of safety, and the maintenance of proper discipline in the Factory, shall be submitted for the approval of the Chief Inspector of Explosives, and shall thereafter be posted in suitable places for the information of all concerned.

• 10 Good and sufficient means of escape for all persons employed in any danger building or in any building in which any wholly or partially manufactured explosive is present or is liable so to be, shall be provided and maintained in connection with each such building.

• 11 Reports shall be rendered to the Chief Inspector of Explosives immediately on the occurrence of any accidents which may arise in the factory and which involve the ignition of any explosive material whether or not accompanied by injury to personnel or damage to material.

These reports should not be delayed for investigation as to cause, but it is essential that immediate advice be given of the actual occurrence of any such accident.

• 12 If for any reason the operation of the factory be discontinued, temporarily or otherwise, the licensee shall notify the Chief Inspector of Explosives in writing, of such discontinuance, and if such discontinuance be other than of a temporary nature permitting the period of cessation to be stated, notification shall similarly be made of intention to resume operations prior to effect being given thereto, and when possible not less than two weeks before the commencement of manufacturing operations.

• 13 This Licence shall not be valid after

• 14 This Licence is also subject to such other terms, conditions and requirements as may be imposed from time to time by the Minister and which shall have been communicated in writing to the licensee.

EXPLOSIVES DIVISIONFORM 4

Distinguishing number, letter, or name of building, mound or work on plan attached to licence	Nature of construction of building, mound or work, and in the case of each building or work, the means adopted for protection from lightning
NOTE — A brief description should be given of the system of lighting adopted in the buildings, the latter being taken collectively, or in groups, or singly, as convenient.

EXPLOSIVES DIVISIONFORM 5

Any of the following Authorized Explosives:

EXPLOSIVES DIVISIONFORM 6

Distinguishing number, letter, or name of building, room, or place on plan attached to licence	Application of building, room, or place, or process to be carried on therein	Explosives allowed, or ingredients, or articles liable to spontaneous ignition or inflammable or otherwise dangerous, and limitation of quantity to be in each building, room or place	Limitation of number of persons to be in each building, room, or place

ENERGY, MINES AND RESOURCES CANADAFORM 7

Explosives Branch

Designation of Building on Plan	Public Highway, canal or other navigable water, open place of resort where people may assemble	Public Railway	Dwelling House, retail shop, church, school, factory or other building where people may assemble, building or works used for the storage in bulk of petroleum spirit, gasoline or other flammable substances	Magazine Containing Explosives	Process Building (Explosives Factory)
	Metres	Metres	Metres	Metres	Metres

• Return to footnote ^*To be deleted and word “MAGAZINE” inserted when the schedule is used in connection with a Licence for a Magazine for explosives or application therefor.

EXPLOSIVES DIVISIONFORM 8

Department of Energy, Mines and Resources

MAGAZINE LICENCE

No
Registry No.
Licensee’s Name
“         Calling
”         Address
Situation of the Factory	Footnote for MAGAZINE LICENCE *Province
	Footnote for MAGAZINE LICENCE *County
	Footnote for MAGAZINE LICENCE *Township
	Footnote for MAGAZINE LICENCE *City or Town
Return to footnote *Small graphic is not displayed.
IN PURSUANCE of the Explosives Act, the Magazine at the above-named situation is hereby licensed for the storage of explosives subject to the provisions of the said Act, and of any Orders in Council, regulations, and rules made and to be made thereunder, and in force for the time being, and subject also to the terms hereunto annexed, and to such other terms, conditions and requirements as may be imposed from time to time by the Minister.
Issued by the Minister of Energy, Mines and Resources
	Minister of Energy, Mines and Resources
Ottawa
day of

EXPLOSIVES DIVISIONFORM 9

Department of Energy, Mines and Resources

TERMS OF LICENCE

(EXPLOSIVES MAGAZINE)

The following are the terms annexed to Licence No. dated for Explosives Magazine:

• 1 The site of the magazine shall be that shown on the plan signed by an Inspector, and attached hereto.

• 2 The mounds, buildings, and works, on or connected with the magazine, shall be on the sites shown on the said plan, and their construction shall be set forth in the Form 4.

• 3 The explosives for which authority to store in the magazine is given in the licence are detailed in Form 5 attached hereto.

• 4 The distances to be maintained between the buildings and works in or connected with the magazine, and between these and such buildings and works outside the magazine as are specified in Form 7 attached hereto, shall be those set forth in the said Form.

• 5 For a magazine licence other than a magazine licence (propellants),

• (a) no blasting explosives shall at any time be present in the portion of the magazine(s) marked

on the said plan and no detonators shall at any time be present in the portion of the magazine(s) marked

on the same plan ; and

• (b) the quantity of blasting explosives in the magazine(s) shall not at any time exceed (list each magazine and its limit)

kg

and the number of detonators shall not exceed (list each magazine and its limit)

• 6 For a magazine licence (propellants),

• (a) no propellant shall at any time be present in the portion of the magazine(s) marked

on the said plan and no percussion caps shall at any time be present in the portion of the magazine(s) marked

on the same plan; and

• (b) the quantity of propellants in the magazine(s) shall not at any time exceed (list each magazine and its limit)

kg

and the number of percussion caps shall not exceed (list each magazine and its limit)

• 7 A report in writing shall be rendered to the Chief Inspector of Explosives, immediately on its occurrence, of any fire affecting the magazine, or of any accident which may take place in the magazine involving the ignition or explosion of any explosive material.

• 8 A report in writing shall be rendered to the Chief Inspector of Explosives in the event of the magazine being broken into, or of any theft of explosives from the magazine.

• 9 This Licence shall not be valid after

ENERGY, MINES AND RESOURCES CANADAFORM 10

Explosives BranchOttawa, CanadaK1A 0E4

		THE REPLIES TO BE WRITTEN IN THIS COLUMN
1	Applicant’s Name.
	“         Calling.
	“         Address.
NOTE. — In cases where the application is made on behalf of a Company, the name, business and address of the Company and the name of the Secretary should be given.
2	Situation of the proposed magazine buildings.
	Province.
	County.
	Township.
	City or Town.
3	Explosives proposed to be stored (giving trade names).
4	Maximum quantity of blasting explosives (dynamite) to be stored at one time (in kilograms).
5	Maximum number of detonators to be stored at one time, in a separate magazine from blasting explosives.
NOTE. — When more than one magazine is maintained for the storage of Blasting Explosives, give maximum quantity for each.
6	Minimum distance that will be observed between dynamite magazine and the following vulnerable points — :
	(a) Highway or open place of resort.
	(b) Public railway.
	(c) Dwelling house, church, school, or other building in which people may assemble.
NOTE. — The following is a guide to what is required for distances: —
Quantity Highway, railway Houses, etc. 250 kg 30 m 60 m 2 000 kg 120 m 240 m 5 000 kg 190 m 300 m 20 000 kg 300 m 600 m
7	Extent of the ground to be maintained clear of bush around the magazines.
8	Nature of construction of magazine buildings, giving alternative description if permission to adopt more than one form is desired.
9	Nature of protection to be afforded from action by malicious persons, whether by erection of fences, provision of watchmen, or both.
10	Means of protection to be given against lightning where there is no adequate natural protection.

Signature of Applicant 

Postal address of Applicant

Date of Application Telephone No: 

(Area Code)

EXPLOSIVES DIVISIONFORM 11

Department of Energy, Mines and Resources

MAGAZINE LICENCE

No
Registry No.
Licensee’s Name
“         Calling
”         Address
Situation of the Factory	Footnote for MAGAZINE LICENCE *Province
	Footnote for MAGAZINE LICENCE *County
	Footnote for MAGAZINE LICENCE *Township
	Footnote for MAGAZINE LICENCE *City or Town
Return to footnote *Small graphic is not displayed.
IN PURSUANCE of the Explosives Act, the Magazine at the above-named situation is hereby licensed for the storage of explosives subject to the provisions of the said Act, and of any Orders in Council, regulations and rules, made and to be made thereunder, and in force for the time being, and subject also to the terms hereunto annexed, and to such other terms, conditions and requirements as may be imposed from time to time by the Minister.
Issued by the Minister of Energy, Mines and Resources
	Minister of Energy, Mines and Resources
Ottawa
day of

EXPLOSIVES DIVISIONFORM 12

Department of Energy, Mines and ResourcesTerms of Licence for a Temporary Magazine

The following are the terms annexed to Licence No dated for a temporary magazine for explosives.

• 1 The location of the magazine, the nature of its construction, the nature and quantity of explosive which may be stored in it, shall be approved in the form of application and countersigned by one of the Inspectors, and all the undertakings given in the form of application shall be duly observed.

• 2 Different explosives of ClassesFootnote ^* 1, 2, 3 and 4 (which include all authorized explosives in general use for blasting), safety fuses belonging to Division 1 of Class 6, and such of the various explosives of Division 2 of Class 6 as do not contain any exposed iron or steel, may be kept in the same temporary magazine without intervening partition, but these explosives may not be so kept with those of any other class or division.

• Return to footnote ^*The classification of explosives is given in Part I of the Explosives Regulations.

• 3 The various explosives of Division 1 of Class 6, or those of Division 2 of Class 6 as contain any exposed iron or steel, or those of Division 3 of Class 6 (detonators), Footnote ^**or those of Class 7 may be kept with each other, but not those of any one of these Divisions or Classes with those of any of the others.

• Return to footnote ^**It will be noted that detonators are to be stored in separate magazines from blasting explosives, and in such a manner that the explosion of the detonators would not be communicated to the other explosives.

• 4 No explosives of Class 5 (fulminate) will be kept in the same temporary magazine with any other explosive

• 5 The Licensee shall take measures to:

• (a) 

  prevent the entry of the magazine by any unauthorized person;
• (b) 

  prevent the taking into the magazine of any matches, charcoal, oiled waste or any other article liable to spontaneous ignition, or of any iron or steel tools;
• (c) 

  ensure the maintenance of the interior of the magazine in a clean condition and free from grit; and
• (d) 

  in general, ensure the observance of proper discipline and the exercise of proper care on the part of those persons whose duties require them at any time to be in or near the magazine, as well as to prevent trespassing or interference on the part of unauthorized persons.

• 6 This Licence shall not be valid after

• 7 This Licence is also subject to such other terms, conditions and requirements as may be imposed from time to time by the Minister and which shall have been communicated in writing to the licensee.

EXPLOSIVES DIVISIONFORM 13

Department of Energy, Mines and Resources

		THE REPLIES TO BE WRITTEN IN THIS COLUMN
1	Applicant’s Name.
	“         Calling
	”         Address
NOTE. — In cases where the application is made on behalf of a Company, the name, business and address of the Company, and the name of the Secretary should be given.
2	Name and description of the explosive proposed to be imported.
3	Amount proposed to be imported at one time.
4	Place of the proposed importation.
	Province.
	Port or Harbour.
	Place of unshipment or trans-shipment.
5	Where proposed to be stored, or how otherwise disposed of.
NOTE. — In the event of the applicant not having a licence for magazines or stores capable of receiving the whole amount to be imported, the application must be accompanied by a certificate from some occupier of a licensed magazine to the effect that he is prepared to receive this amount and store the same. This certificate is required also when the consignment is intended for immediate trans-shipment.
6	Name and address of the manufacturer of the explosive proposed to be imported.
7	From what foreign port or place shipment is expected to be made.
8	Name and address of the consignor of the explosive.
9	Name of the ship or boat in which the importation is to be made.
NOTE. — The information should be given when practicable; where impracticable, state name of importing vessel “not known”.
10	Approximate date of arrival of explosive at place of importation.
11	Remarks.
Signature of Applicant
Postal Address of Applicant
Date of Application

• Return to footnote ^*If application is for annual permit strike out the word “general” and vice versa.

ENERGY, MINES AND RESOURCES CANADAFORM 14

Explosives BranchOttawa, CanadaK1A 0E4

Permit No. 

File No.

General Explosives Importation Permit

Permittee’s Name

Permittee’s Address

Place of Importation

IN PURSUANCE of the Explosives Act, the person above named is hereby authorized to import explosives, subject to the provisions of the said Act and of any Orders in Council, regulations and rules made and to be made thereunder, and in force for the time being, and subject also to the terms hereunto annexed.

This Permit is valid for one importation only during the 12-month period commencing on the day of

Minister of Energy, Mines and Resources

EXPLOSIVES DIVISIONFORM 15

Department of Energy, Mines and ResourcesTerms of General Importation Permit

The following are the terms annexed to Importation Permit No. dated .

• 1 No explosive shall be imported under this Permit other than the following:

• 2 The quantity of explosive so imported shall not exceed:

• 3 All explosives imported under this Permit shall be packed in accordance with the regulations for the Transportation of Explosives as issued by the Board of Transport Commissioners for Canada, unless the shipment has been made from the United Kingdom and the explosive is packed in conformity with the laws of the United Kingdom.

• 4 No ship or boat containing explosive imported in virtue of this Permit shall bring to or moor, and no such explosive shall be unloaded or transhipped from any ship or boat, except at such port or part of the place of importation as may be appointed or authorized for that purpose by the Local Authority having jurisdiction over such place of importation.

• 5 The Importer and also — if the explosive is imported by ship or boat — the Owner and Master of any such ship or boat in which any explosive is being imported in virtue of this Permit, shall, when required by an Inspector, or by an Officer appointed by the Local Authority, having jurisdiction over the place of importation, or by any officer of the Commissioner of Customs, produce to him this permit and furnish such Inspector or Officer with the means necessary to enable him to ascertain whether the conditions of the same are complied with; and shall, when required by any Inspector or Officer as aforesaid, open, or cause to be opened, any case or package imported under this Permit for the purpose of examination or for the taking of samples by such Inspector or Officer, and shall repack, or cause to be repacked, every case so opened, using all due care and precautions in the opening and repacking of the same for the prevention of accidents.

• 6 The Importer and also — if the explosive is imported by ship or boat — the Owner and Master of the ship or boat in which any explosive is being imported in virtue of this Permit, shall, if and when required by an Inspector, or by any officer appointed by the Local Authority having jurisdiction over the place of importation, or by any officer of the Commissioner of Customs, allow such Inspector or Officer to take for examination small samples of any explosive so imported.

• 7. to 10 [Revoked, SOR/84-597, s. 6]

ENERGY, MINES AND RESOURCES CANADAFORM 16

Explosives BranchOttawa, CanadaK1A 0E4Importers Transmission Schedule

This form to be filled up as soon as the Importation of Explosive is effected, and returned with the Permit, forthwith, to the Chief Inspector of Explosives, Department of Energy, Mines and Resources, Ottawa

Permit under which the importation is made	Port or Place of importation	If by Water, Name of Ship or Boat in which Importation is made	Date of Arrival at Port or Place of Importation	Name and Address of	Port or Place from which the Explosive was Forwarded	Nature of the Explosive Imported and Marks on Cases	Amount of the Explosive Imported (Gross Weight, kg)	Where the Explosive has been taken into StoreFootnote for *
No.  Date				Consignor  Manufacturer
				Signature of Importer
				Address of Importer
				Date

• Return to footnote ^*Where the explosive has been imported for immediate trans-shipment abroad, particulars of the route (name of ship is by sea) by which the exportation is made, and date of despatch should be given in this column.

ENERGY, MINES AND RESOURCES CANADAFORM 17

Explosives Branch

Permit No.

Annual Explosives Importation Permit

Permittee’s Name

Permittee’s Calling

Permittee’s Address

Place of Importation

IN PURSUANCE of the Explosives Act, the person above-named is hereby authorized to import explosives at the above-named place, subject to the provisions of the said Act, and of any Orders in Council, regulations, and rules made, and to be made thereunder, and in force for the time being, and subject also to the terms hereunder given.

• 1 The explosives which may be imported under this authority are

• 2 The quantity of these explosives which may be imported in any one consignment shall not exceed

• 3 The two duplicate copies of this Annual Permit shall be handed to the Customs officer, for his use and retention; the original copy shall be held by the importer for use as described in paragraph 4 below.

• 4 The number of importations shall be unlimited, but the date of each importation, the Customs Entry number, the consignor’s name and the quantity imported shall be entered on the form at the back of this permit endorsed by the proper officer of Customs, and the permit so completed shall be returned to the Chief Inspector of Explosives, Department of Energy, Mines and Resources, Ottawa, immediately on the expiry of the period for which it is valid.

• 5 This permit shall not be valid after

day of

Issued by the Minister of Energy, Mines and Resources

for the Minister of Energy, Mines and Resources

(Reverse Side of Form 17)

Department of Energy, Mines and ResourcesExplosives Branch

CANADAIMPORTERS TRANSMISSION SCHEDULE

This form should be filled up as each Importation is effected, and returned immediately on the close of the period for which the Annual Permit is valid, to the Chief Inspector of Explosives, Department of Energy, Mines and Resources, Ottawa.

Port or Place of Importation	If by Water, Name of Ship or Boat in which the Importation is made	Date of Arrival at Port or Place of Importation	Name and Address of		Port or Place from which the Explosive was forwarded	Nature of the Explosive Imported	Amount of the Explosive Imported (Gross weight, kg)	Purpose of which the Explosive has been or is being used	Customs Entry No.	Signature of Customs Officer
			Consignor Manufacturer
					Signature of Importer
					Address of Importer
					Date

FORM 18

APPLICATION AND PERMIT TO TRANSPORT EXPLOSIVES

GRAPHIC IS NOT DISPLAYED, SEE C.R.C., C. 599, PP. 4023 AND 4024

FORM 19

APPLICATION AND LICENCE FOR A FIREWORKS MAGAZINE

GRAPHIC IS NOT DISPLAYED, SEE C.R.C., C. 599, P. 4025

FORM 20

BLASTING EXPLOSIVES PURCHASE AND POSSESSION PERMIT

GRAPHIC IS NOT DISPLAYED, SEE SOR/90-571, S. 3

•  SOR/84-597, ss. 3 to 7
• SOR/86-422, s. 4
• SOR/90-571, s. 3