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)

automotive explosive

automotive explosive means an automotive safety device that the competent authority of the country of origin has classified as a Class 9 explosive under the UN Model Regulations on the Transport of Dangerous Goods, 2005, published by the United Nations, as amended from time to time; (explosif pour automobile)

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)

detonator magazine

detonator magazine means a magazine for storing initiation systems; (poudrière de détonateurs)

explosive

explosive[Repealed, SOR/2009-125, s. 1]

explosive article

explosive article means an article that contains one or more explosive substances; (objet explosif)

explosive substance

explosive substance means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable by chemical reaction of producing a gas at a temperature, pressure and speed that could cause damage to the surrounding structures and infrastructure and includes a pyrotechnic substance even if the pyrotechnic substance does not produce a gas; (matière explosive)

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)

mobile process unit

mobile process unit means a process vehicle or a portable unit in which explosives are manufactured; (unité de fabrication mobile)

NEQ

NEQ means net explosives quantity; (QNE)

operator

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

process unit

process unit means any building, structure, room or place where explosives are manufactured at a factory site. (unité de fabrication)

process vehicle

process vehicle[Repealed, SOR/2009-125, s. 1]

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);

satellite site

satellite site means a site, away from a factory, where bulk explosives are stored and distributed and includes any storage facilities for raw material and parking facilities for mobile process units; (site satellite)

user magazine zone licence

user magazine zone licence means a user magazine licence that authorizes the holder to move any licensed magazine to which it relates to another site; (licence de poudrière (utilisateur - zone))

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)

vulnerable place

vulnerable place means

• (a) any building in which people live, work or are likely to assemble,

• (b) any public road and any railway or other means of transportation,

• (c) pipelines and energy transmission lines, and

• (d) any place where a substance that creates a risk of fire or explosion may be stored. (lieu vulnérable)

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 (1) Only the manufacturer or importer of an explosive may apply for it to be declared an authorized explosive.

• (2) An application for an authorization shall be submitted to the Chief Inspector of Explosives.

• (3) An authorization may be given for an indefinite period, for a specified period for the purpose of a tour, event or international competition or for a specified period for the purpose of another activity.

• 16 (1) An application for the authorization of an explosive for an indefinite period shall include the following information and documents:

  • (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person;

  • (b) if the application is made by an authorized representative of the applicant,

    • (i) a letter from the applicant confirming that the representative acts on their behalf, and

    • (ii) the name, mailing address and other contact information of the authorized representative and, if applicable, of their contact person;

  • (c) a list of the explosive articles and explosive substances for which authorization is requested that sets out the trade name of each article and substance and, in the case of an explosive article, its part number, if any;

  • (d) the specifications of each explosive article or explosive substance, including

    • (i) the chemical name and composition of the explosive and its tolerances,

    • (ii) a technical drawing of each explosive article that indicates its dimensions and its tolerances,

    • (iii) the gross weight of each explosive article,

    • (iv) the weight of the explosive charge in each explosive article and its tolerances,

    • (v) if a component of an explosive article is to be purchased from another manufacturer, the name and contact information of the other manufacturer, and

    • (vi) how each explosive article and explosive substance is to be destroyed or otherwise disposed of; and

  • (e) the intended use of each explosive article and explosive substance and, in the case of an explosive article, its method of functioning.

• (2) The application for authorization for an indefinite period shall be accompanied by the following packaging and labelling information:

  • (a) a drawing or description of the internal and external packaging to be used in transporting the explosive article or explosive substance;

  • (b) a copy, drawing or description of the labelling as it will appear on the internal and external packaging of the article or substance; and

  • (c) a copy of the precautions and instructions for use to be included with the packaging or inscribed on the article.

• (3) The application for authorization for an indefinite period shall be accompanied by an application for a UN hazard classification for transport that includes the following:

  • (a) the class requested and the basis for that classification;

  • (b) if a class has been designated for the explosive by the competent authority of a foreign state, a letter or certificate from the authority attesting to the classification and explaining its basis;

  • (c) if a class number of 1.4, 1.5 or 1.6 is requested, the results of any testing conducted by a competent authority of a foreign state; and

  • (d) a signed statement indicating that the applicant consents to the Explosives Regulatory Division, Department of Natural Resources, conducting any tests required for the classification.

• (4) An application for the authorization of an explosive for a specified period, whether for the purpose of a tour, event or international competition or for the purpose of another activity, shall include the following information:

  • (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person;

  • (b) if the application is made by an authorized representative of the applicant,

    • (i) a letter from the applicant confirming that the representative acts on their behalf, and

    • (ii) the name, mailing address and other contact information of the authorized representative and, if applicable, of their contact person;

  • (c) a list of the explosive articles and explosive substances for which authorization is requested that sets out the trade name of each article and substance and, in the case of an explosive article, its part number, if any;

  • (d) the period for which the authorization is requested; and

  • (e) if the application is for the authorization of an explosive for the purpose of a tour, event or international competition, the number of fireworks displays in which the explosive will be used.

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) An application for a factory licence or a manufacturing certificate shall include the following information:

  • (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person;

  • (b) in the case of an application for a factory licence, the types of explosives to be manufactured;

  • (c) in the case of an application for a manufacturing certificate, the types of explosives to be manufactured, the operations for which the certificate is requested and the day on which the operations are to begin and end;

  • (d) the address of the site of the proposed factory or operations; and

  • (e) the name, mailing address and other contact information of the contact person at the site.

• (2) The application shall be accompanied by the following:

  • (a) a site plan that shows

    • (i) the topography of the proposed site,

    • (ii) the location of every process unit and magazine, and every building or structure that contains a process unit or magazine, on the site,

    • (iii) the location of every other building or structure on the site, and

    • (iv) the distance in metres between each process unit, magazine, building and structure on the site;

  • (b) an area plan that shows

    • (i) the location of each process unit and magazine on the site,

    • (ii) the area surrounding the site that is exposed to the risk of fire or explosion because of the explosives to be manufactured or stored on the site,

    • (iii) each vulnerable place in the area of risk, and

    • (iv) the distance in metres between each process unit and magazine and each vulnerable place in the area of risk; and

  • (c) layout sketches or other drawings that show

    • (i) the work place areas, storage areas and emergency exits of every process unit and magazine, and every building or structure that contains a process unit or magazine, on the site,

    • (ii) the equipment to be used on the site, including piping and instrumentation drawings and equipment layout drawings, and

    • (iii) the operations to be carried out on the site, including process flow sheets and process schematic drawings.

• (3) The application shall be accompanied by a site description that

  • (a) specifies the geographical coordinates of the site;

  • (b) specifies the size of and construction materials used for each building on the site and describes, if applicable, its lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning;

  • (c) describes all site and building security measures, such as fencing, gates and warning signs;

  • (d) describes the principal manufacturing equipment and its safety features;

  • (e) describes each mobile process unit to be used;

  • (f) describes any other mobile equipment to be used and how it is powered; and

  • (g) describes any special safety features on the site, such as diking, sumps, blowout panels, blast containment, barriers, alarms and pressure relief and control systems.

• (4) The application shall be accompanied by a description of the explosives to be manufactured and stored on the site that includes,

  • (a) for each explosive,

    • (i) its name and its UN proper shipping name,

    • (ii) the day on which the explosive was authorized or its authorization file number,

    • (iii) its UN number, and

    • (iv) its UN hazard class; and

  • (b) for each explosive to be stored,

    • (i) its UN proper shipping name,

    • (ii) its UN number, and

    • (iii) its UN hazard class.

• (5) The application shall be accompanied by a manufacturing operations description that

  • (a) describes the operations to be carried out in each process unit and magazine on the site;

  • (b) describes the explosives, explosive ingredients and any other thing that is flammable, liable to spontaneous ignition or otherwise dangerous that are to be kept in each process unit, magazine, building or structure on the site;

  • (c) states the maximum quantity of explosives and explosive ingredients that may be kept in each process unit, magazine, building or structure at any one time;

  • (d) states the maximum number of persons who may be in each process unit and magazine at any one time; and

  • (e) states the minimum distance in metres that shall be maintained between each process unit and magazine on the site and each vulnerable place shown on the area plan, as determined by the Quantity Distance Principles — User’s Manual, 1995, published by the Explosives Regulatory Division, Department of Natural Resources.

• (6) If the manufacture of explosives is to be carried out at the site of a client, the application shall be accompanied by the following information:

  • (a) the name, mailing address and other contact information of a contact person for the client at whose site manufacturing operations are to be carried out;

  • (b) a description of the client’s site;

  • (c) the distance in kilometres between the factory site and the client’s site; and

  • (d) the distance in kilometres between the satellite site, if any, and the client’s site.

• (7) The application shall be accompanied by a list of the following documents, along with their date of production and, if applicable, their date of amendment:

  • (a) the environmental assessment of the site and of the operations to be carried out on the site;

  • (b) the documents setting out the rules, procedures and protocols designed to ensure compliance with the Act, these Regulations and the licence, including

    • (i) operational procedures,

    • (ii) maintenance procedures,

    • (iii) an emergency response plan,

    • (iv) a spill contingency plan, and

    • (v) staff training manuals;

  • (c) if the manufacturing operations are to be carried out in a quarry, a letter of understanding with the quarry operator about the safety measures to be complied with on the site;

  • (d) if hazardous activities are permitted on the site, such as smoking or welding, the rules governing those activities; and

  • (e) if explosives are to be destroyed or otherwise disposed of on the site, the methods for their destruction or disposition.

• (8) Every process unit, magazine, building and structure that is shown on a site plan and every vulnerable place that is shown on an area plan shall be identified by a number, letter or distinctive name which shall be used to identify it in any drawing, sketch or description that accompanies the application.

• (9) Each plan and drawing shall be drawn to scale or reasonable facsimile and include a legend that explains the information that it contains.

25.01 Every factory licence shall include the following terms:

• (a) copies of the most recent version of the documents listed in subsection 25(7) shall be accessible to all persons on the site;

• (b) a means of escape shall be provided and maintained from any building, structure or room in which explosives or explosive ingredients may be present;

• (c) a report in writing of any theft or attempted theft of an explosive and any accident at the site involving explosives shall, without delay, be submitted to the Chief Inspector of Explosives; and

• (d) copies of the licence and other documents approved by the Minister shall be kept at the site.

• 25.02 (1) An application for a magazine licence, whether a vendor magazine licence, a user magazine licence or a user magazine zone licence, shall include the following information:

  • (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person;

  • (b) the address and geographical coordinates of the proposed magazine site;

  • (c) the name and contact information of the person responsible for the site;

  • (d) the number of magazines for which the licence is requested;

  • (e) the types of explosives to be stored in each magazine;

  • (f) if the application is for a vendor magazine licence, whether the site is for retail sales or for distribution; and

  • (g) if the site is for distribution, whether explosives will be repackaged there.

• (2) The application shall be accompanied by the following documents:

  • (a) a site plan that shows

    • (i) the location of each magazine, building, structure and vulnerable place on the site, and

    • (ii) the distance in metres between each magazine, building, structure and vulnerable place on the site; and

  • (b) if a magazine is located within a building, a drawing of the building that shows its location on the site, the location of all entrances to and exits from any area to which the public has access and the location of any open flames, flammable materials or potential sources of ignition.

• (3) The application shall be accompanied by a magazine and site description that

  • (a) describes the proposed use of the site and the proposed use of each building and structure on the site;

  • (b) sets out the distance in metres between each magazine and any flammable material on the site;

  • (c) describes the security measures on the site, including signage, fencing, barriers, mounds, alarm systems and guards; and

  • (d) sets out, for each magazine on the site,

    • (i) the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources,

    • (ii) the construction type number to which it conforms, as set out in the Storage Standards for Industrial Explosives, May 2001, published by the Explosives Regulatory Division, Department of Natural Resources, or, if the magazine does not conform to a standard type, the specifications of the magazine, including its construction materials and its safety features,

    • (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 metre,

    • (iv) the types of explosives to be stored, and

    • (v) the quantity of each type, expressed by number, if applicable, or as gross weight in kilograms.

• (4) Every magazine, building, structure and vulnerable place that is shown on a site plan shall be identified by a number, letter or distinctive name which shall be used to identify it in any drawing, sketch or description that accompanies the application.

• (5) Each plan and drawing shall be drawn to scale or reasonable facsimile and include a legend that explains the information that it contains.

25.03 Every magazine licence shall include the following terms:

• (a) detonators shall be stored in a separate magazine;

• (b) after a fire or explosion on the site, the licence holder shall,

  • (i) without delay, submit a report in writing to the Chief Inspector of Explosions that sets out the date, time and place of the incident, the explosives involved, any evacuations that occurred and any injuries, fatalities or damage to property that occurred, and

  • (ii) as soon as possible, submit a report in writing to the Chief Inspector of Explosions that describes the results of the investigation undertaken and any remedial measures put in place;

• (c) after any theft or attempted theft of explosives from a magazine, the licence holder shall,

  • (i) without delay, submit a report in writing to the Chief Inspector of Explosives that describes the date, time and place of the incident, the quantity and type of explosives stolen, and how access to the explosives was obtained, and

  • (ii) as soon as possible, submit a report in writing to the Chief Inspector of Explosions that describes the results of the investigation undertaken and any remedial measures put in place;

• (d) the licence holder shall take all measures necessary to

  • (i) prevent any unauthorized person from obtaining access to a magazine,

  • (ii) prevent the introduction into a magazine of any iron or steel tools, matches, oiled waste or anything that is capable of spontaneous ignition,

  • (iii) prevent the use in the vicinity of a detonator of any device capable of accidentally initiating it,

  • (iv) maintain the interior of each magazine in a clean condition free of grit, and

  • (v) establish procedures to monitor access to the site and to ensure that persons who are in or near a magazine are safe and exercise care to prevent any fire or explosion; and

• (e) in the case of a user magazine zone licence, the holder shall receive the approval of the Minister before moving a magazine to another site.

25.04 An application for a permit to import explosives, whether a general import permit or an annual import permit, shall include the following information:

• (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person;

• (b) if the application is made by a customs broker, the name, mailing address and other contact information of the broker and, if applicable, of the broker’s contact person;

• (c) the purpose of the importation;

• (d) the trade name of each explosive, its UN number and the name of its manufacturer;

• (e) the quantity of each explosive to be imported or, in the case of an annual import permit, the estimated maximum quantity of each explosive to be imported during the year expressed

  • (i) in rounds for ammunition,

  • (ii) in units for detonators, and

  • (iii) as gross weight in kilograms for other explosives;

• (f) in the case of a general import permit, the point of entry into Canada, the approximate date of arrival and the province of destination;

• (g) the means of transport that will be used to import the explosives;

• (h) the country of origin of each explosive;

• (i) the address of the facility in which the explosives will be stored;

• (j) if the explosives will be stored in a licensed magazine, the authorized capacity of the magazine, the licence number and its expiry date;

• (k) if the explosives will be stored in a facility other than a licensed magazine, a description of the facility; and

• (l) if the explosives will be in transit through Canada, the country from which they will be imported, the country and place to which they will be shipped and the address of any facility in which they will be stored while in Canada.

25.05 Every holder of a general import permit shall comply with the following terms:

• (a) only the explosives authorized by the permit shall be imported;

• (b) the quantity of explosives imported shall not exceed the quantity authorized by the permit; and

• (c) after the theft of any explosives, a report in writing that describes when the theft occurred, the explosives that were stolen and how access to the explosives was obtained shall, without delay, be submitted to the Chief Inspector of Explosives.

25.06 Every holder of an annual import permit shall comply with the following terms:

• (a) only the explosives authorized by the permit shall be imported;

• (b) the quantity of explosives imported shall not exceed the authorized capacity of the facility in which the explosives will be stored;

• (c) for each importation, the permit holder shall, within 30 days after the day of importation, submit a report in writing to the Chief Inspector of Explosives that includes the following information:

  • (i) the name, mailing address and other contact information of the permit holder and, if applicable, of the holder’s contact person,

  • (ii) the permit number and its expiry date,

  • (iii) the country from which the explosives were imported, the date of departure, the date of arrival in Canada and the province into which the explosives were imported,

  • (iv) the means of transport used to import the explosives,

  • (v) the date of delivery of the explosives to the facility used to store them and, if the facility is a licensed magazine, its licence number,

  • (vi) the trade name of each explosive, its UN number and the name of its manufacturer,

  • (vii) the quantity of explosives imported, expressed in rounds for ammunition, in units for detonators and as gross weight in kilograms for other explosives, and

  • (viii) the purpose for which the explosives were or will be used; and

• (d) after the theft of any explosives, a report in writing that describes when the theft occurred, the explosives that were stolen and how access to the explosives was obtained shall, without delay, be submitted to the Chief Inspector of Explosives.

25.07 An application for a purchase and possession permit shall contain the information set out in Form 20 in Schedule II.

25.08 An application for a fireworks certificate with a display apprentice endorsement or a pyrotechnician endorsement shall include the following:

• (a) the applicant’s name, date of birth, mailing address and other contact information;

• (b) the name of any fireworks organization to which the applicant belongs;

• (c) two photos (3 cm x 2.5 cm) of the applicant taken within the previous 12 months; and

• (d) proof that the applicant has successfully completed one of the following courses offered by the Explosives Regulatory Division, Natural Resources Canada:

  • (i) the display fireworks safety and legal awareness course, if the application is for a display apprentice endorsement, or

  • (ii) the pyrotechnics safety and legal awareness course, if the application is for a pyrotechnician endorsement.

• 25.09 (1) An application for a senior pyrotechnician endorsement, a special effects pyrotechnician endorsement or a display supervisor endorsement shall include the following:

  • (a) the applicant’s name, date of birth, mailing address and other contact information;

  • (b) the name of any fireworks organization to which the applicant belongs;

  • (c) the number and expiry date of the applicant’s fireworks certificate and the endorsements the applicant has;

  • (d) two photos (3 cm x 2.5 cm) of the applicant taken within the previous 12 months;

  • (e) a copy of the applicant’s work journal that sets out

    • (i) the date and place of each fireworks display at which the applicant has worked and the types of explosive used,

    • (ii) the capacity in which the applicant acted at each fireworks display, and

    • (iii) the name of the applicant’s supervisor at each fireworks display;

  • (f) if the application is for a senior pyrotechnician endorsement or a special effects pyrotechnician endorsement, three letters of recommendation; and

  • (g) if the application is for a display supervisor endorsement, one letter of recommendation.

• (2) In an application for one of the following endorsements, in addition to providing the information and documents referred to in subsection (1), the applicant shall

  • (a) for a senior pyrotechnician endorsement, establish that the applicant has acted as a pyrotechnician for at least two years and submit a letter from a supervisor attesting that the applicant can safely use all authorized fireworks articles and powders;

  • (b) for a special effects pyrotechnician endorsement, establish the applicant has acted as a senior pyrotechnician for at least two years and submit a letter from a supervisor attesting that the applicant can safely use all authorized fireworks articles and powders;

  • (c) for a display supervisor endorsement, establish that the applicant has acted as an apprentice in at least three fireworks displays within the five years after the day on which the applicant completed the display fireworks safety and legal awareness course;

  • (d) for a display supervisor — large shell endorsement, establish that the applicant has a display supervisor endorsement and submit a letter from a supervisor attesting that the applicant can safely use large shells;

  • (e) for a display supervisor — nautical effects endorsement, establish that the applicant has a display supervisor endorsement and submit a letter from a supervisor attesting that the applicant can safely use nautical effects;

  • (f) for a display supervisor — flying saucer endorsement, establish that the applicant has a display supervisor endorsement and submit a letter from a supervisor attesting that the applicant can safely use flying saucers;

  • (g) for a display supervisor — rooftop, bridge and flatbed firing sites endorsement, establish that the applicant has a display supervisor endorsement and submit a letter from a supervisor attesting that the applicant can safely use those sites;

  • (h) for a display supervisor — barge firing site endorsement, establish that the applicant has a display supervisor endorsement and submit a letter from a supervisor attesting that the applicant can safely use that site; and

  • (i) for a special effects pyrotechnician — det cord endorsement, establish that the applicant has a special effects pyrotechnician endorsement and submit a letter from a supervisor attesting that the applicant can safely use initiation systems and detonating cords.

25.1 An application for a fireworks certificate with a display — visitor endorsement or a pyrotechnician — visitor endorsement shall include the following:

• (a) the applicant’s name, date of birth, mailing address and other contact information;

• (b) the name of any fireworks organization to which the applicant belongs;

• (c) two photos (3 cm x 2.5 cm) of the applicant taken within the previous12 months;

• (d) a copy of the applicant’s work resume setting out the persons and organizations for which they have worked and the fireworks displays in which they have used fireworks;

• (e) a list of the planned fireworks displays in Canada and their dates; and

• (f) the name, contact information and fireworks certificate number of the Canadian supervisor in charge at each fireworks display.

• 26 (1) [Repealed, SOR/2009-125, s. 4]

• (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.

• 26.1 (1) An application for a renewal of a licence, permit or certificate shall be made by letter sent to the Minister and contain the following information:

  • (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person; and

  • (b) the number of the applicant’s existing licence, permit or certificate.

• (2) An application for an amendment of a licence, permit or certificate or for a renewal with amendment shall contain the following information and documentation:

  • (a) the name, mailing address and other contact information of the applicant and, if applicable, of the applicant’s contact person;

  • (b) the number of the applicant’s existing licence, permit or certificate;

  • (c) a description of the proposed changes; and

  • (d) any information or documentation that differs from that provided in the previous application.

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]

PART III.1Fees

• 31 (1) The fees to be paid for the authorizations, licences, permits and certificates set out in column 1 are set out in column 2.

• (2) The fees are payable at the time the application is submitted. However, the fees referred to in sections 1 and 3 of the table are payable within 30 days after the date of the invoice from the Department of Natural Resources.

  Item	Column 1	Column 2
  	Authorization, Licence, Permit or Certificate	Fee
  	Authorization of explosives:
  1	Authorization for an indefinite period	$12 for each explosive substance and each explosive article, subject to a minimum fee per application of $125 and a maximum fee of $2,500 per year, plus (a) for explosives manufactured in Canada, $4 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 and a maximum fee per manufacturer of $1,250 per year; and (b) for explosives manufactured outside Canada, $15 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $2,500 per year
  2	Authorization for a specified period for the purpose of an activity other than a tour, event or international competition in which fireworks are used	$150
  3	Authorization for a specified period for the purpose of a tour, event or international competition in which fireworks are used	$500 for each fireworks display, subject to a maximum fee of $2,500 for displays that are part of the same tour, event or international competition
  	Permit to import explosives:
  4	General import permit	$160
  5	Annual import permit	With the exception of automotive explosives, and subject to a maximum fee of $1,300, $160 plus $20 for each 1 000 kg NEQ imported, calculated (a) on the basis of the estimated maximum quantity to be imported during the year, for an initial application; and (b) on the basis of the quantity imported during the most recent year, for any subsequent application
  	Factory licence:
  6	Initial factory licence to manufacture blasting, bulk or defence explosives.	Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of (a) $800 for each process unit; (b) $800 for each mobile process unit, (c) $17 per 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine; and (d) $225 for each detonator magazine
  7	Renewal of a factory licence to manufacture blasting, bulk or defence explosives	Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of (a) $575 for each process unit; (b) $575 for each mobile process unit; (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine; and (d) $225 for each detonator magazine
  8	Any other factory licence	Subject to a minimum fee of $800 and a maximum fee of $3,000, the total of (a) $800 for each process unit; and (b) $17 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQ
  	Vendor magazine licence:
  9	Vendor magazine licence to store high explosives or initiation systems	The total of (a) $25 for each 1 000 kg NEQ of storage limit increment of each magazine other than a detonator magazine; and (b) $275 for each detonator magazine
  10	Vendor magazine licence to store any other explosives	(a) $140 for each retail outlet; (b) $350 for each distributor establishment; and (c) $700 for each distributor establishment that repackages explosives
  	User magazine licence:
  11	User magazine licence to store high explosives or initiation systems	$140 per magazine, subject to a minimum fee of $280
  12	User magazine zone licence to store high explosives or initiation systems	$200 per magazine, subject to a minimum fee of $400
  13	User magazine licence to store any other explosives, with the exception of explosives stored by law enforcement agencies	$70
  	Manufacturing certificate:
  14	Certificate to manufacture blasting explosives	$200 per month, subject to a minimum fee of $800 and a maximum fee of $1,600
  15	Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at the place of blending	$800
  16	Any other manufacturing certificate	$75
  	Fireworks certificate
  17	Initial certificate	$150
  18	Modification of certificate	$100
  19	Renewal of certificate	$100

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