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Version of document from 2009-03-01 to 2014-01-31:

Restricted Components Regulations

SOR/2008-47

EXPLOSIVES ACT

Registration 2008-02-28

Restricted Components Regulations

P.C. 2008-407 2008-02-28

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to paragraphs 5(a.31)Footnote a, (i.1)Footnote b and (m)Footnote c of the Explosives ActFootnote d, hereby makes the annexed Restricted Components Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi

Act means the Explosives Act. (Loi)

attend

surveillance

attend means to be alert and constantly watchful over a restricted component. (surveillance)

Chief Inspector

inspecteur en chef

Chief Inspector means the Chief Inspector of Explosives. (inspecteur en chef)

seller

vendeur

seller means a person enrolled on the list of sellers of restricted components in accordance with section 7. (vendeur)

Application

Marginal note:Application

 These Regulations do not apply to the sale of restricted components to laboratories that are a part of or affiliated with a

  • (a) post-secondary educational institution recognized by a province;

  • (b) hospital or health clinic; or

  • (c) federal or provincial government or government agency.

Restricted Components

Marginal note:Components

 The following components of an explosive are prescribed for the purpose of the definition “restricted component” in section 2 of the Act:

  • (a) ammonium nitrate in solid form at a concentration between 28 and 34% nitrogen;

  • (b) hydrogen peroxide at a concentration of at least 30%, UN numbers: 2015 and 3149;

  • (c) nitromethane, UN number: 1261;

  • (d) potassium chlorate, UN number: 1485;

  • (e) potassium perchlorate, UN number: 1489;

  • (f) sodium chlorate in solid form, UN number: 1495;

  • (g) nitric acid at a concentration of at least 68%, UN numbers: 2031 and 2032;

  • (h) potassium nitrate, UN numbers: 1486 and 1499; and

  • (i) sodium nitrate in solid form, UN numbers: 1498 and 1499.

Marginal note:Prohibition

 No person shall sell a restricted component except in accordance with these Regulations.

List of Sellers

Marginal note:Enrolment

 Only persons who are enrolled on the list of sellers of restricted components may sell a restricted component.

Marginal note:Application requirements

 A person may be enrolled on the list of sellers by applying to the Chief Inspector using the form provided by the Minister. The application must include

  • (a) the applicant’s name, address, telephone number, facsimile number and e-mail address;

  • (b) the restricted components that the applicant intends to sell;

  • (c) the locations where restricted components are to be stored or sold, and the storage capacity at each location for each component; and

  • (d) the name, telephone number, facsimile number and e-mail address of a contact person for each location where the restricted component is to be stored or sold.

Marginal note:Enrolment

  •  (1) The Chief Inspector must enrol the applicant on the list of sellers of restricted components on the basis of the information provided under section 6 and issue to the applicant a document that certifies their enrolment and sets out their enrolment number and the effective date of their enrolment.

  • Marginal note:Duration of enrolment

    (2) An enrolment is effective for five years beginning on the date specified in the enrolment document.

Marginal note:Changes

 A seller must inform the Chief Inspector in writing of any change to the information provided under section 6 within 10 days after the change occurs.

Marginal note:Permitted activities

 No seller shall store or sell a restricted component at any location other than one referred to in paragraph 6(c) or referred to in any changes that are made to that information under section 8.

Marginal note:Suspension

  •  (1) The Chief Inspector may suspend an enrolment if a seller contravenes the Act or these Regulations.

  • Marginal note:Cancellation

    (2) The Chief Inspector may cancel an enrolment if a seller

    • (a) contravenes the Act or these Regulations on more than one occasion; or

    • (b) jeopardizes the safety of the public or the seller’s employees.

Marginal note:Right to be heard

  •  (1) Subject to subsection (2), before suspending or cancelling an enrolment, the Chief Inspector must provide the seller with written notification of the reasons for the suspension or cancellation and its effective date, and give the seller an opportunity to be heard.

  • Marginal note:Exception

    (2) A seller’s enrolment is automatically suspended if the seller fails to provide the inventory required under section 33.

Marginal note:Review

  •  (1) A seller may request a review of a decision to suspend or cancel an enrolment by applying to the Minister in writing within 15 days after the date of the suspension or cancellation.

  • Marginal note:Minister’s power on review

    (2) The Minister may confirm, revoke or amend the decision under review.

PART 1Security — Restricted Components other than Ammonium Nitrate

Marginal note:Application

 This Part applies to restricted components other than ammonium nitrate.

Marginal note:Security

 A seller must ensure that restricted components are kept under lock and key when the components are not attended.

Marginal note:Access

 A seller must

  • (a) post signs warning against unauthorized access to any place where a restricted component is stored;

  • (b) ensure that only persons whom the seller authorizes have access to the restricted component; and

  • (c) at the request of an inspector, provide a list of their employees at every location where the restricted component is stored or sold.

Marginal note:Stock management

  •  (1) A seller must, on an ongoing basis, ensure that all of the restricted component is accounted for by means of a stock management system.

  • Marginal note:Weekly inspection

    (2) The seller must perform and keep a record of weekly inspections to ensure that the restricted component has not been tampered with or lost.

  • Marginal note:Loss

    (3) The seller must keep a record of the cause of any loss of a restricted component that is not attributable to normal operations.

Marginal note:Theft or tampering

 If a seller discovers that the restricted component has been stolen or tampered with, or that there has been an attempt to steal it, the seller must immediately inform the local police, and,

  • (a) within 24 hours after the discovery, inform the Chief Inspector; and

  • (b) if requested by an inspector, submit a written report to the Chief Inspector.

Marginal note:Sales

  •  (1) No seller shall sell a restricted component if they have reasonable grounds to suspect that the restricted component will be used for a criminal purpose.

  • Marginal note:Report

    (2) The seller must report any instances when they refuse to sell a restricted component as a result of complying with subsection (1) to the Chief Inspector and to the local police within 24 hours of the refusal.

Marginal note:Identification

 Before selling a restricted component, a seller must be provided with

  • (a) if the restricted component is to be used as an explosive, the purchaser’s licence, permit or certificate that is issued under the Act;

  • (b) if the purchaser is a seller, proof of the purchaser’s enrolment on the list of sellers of restricted components; or

  • (c) in all other cases,

    • (i) an identification issued by the Government of Canada, or a provincial, municipal or foreign government, that bears a photograph of the purchaser,

    • (ii) if the purchaser is registered under the Controlled Goods Regulations, proof of their registration, or

    • (iii) if the person has a business licence or corporate registration, proof of the licence or registration.

Marginal note:Record keeping

  •  (1) A seller must obtain and keep the following records for each sale of a restricted component:

    • (a) the purchaser’s name, address and telephone number;

    • (b) the date of the sale;

    • (c) the bill of lading, sales receipt or similar document;

    • (d) the type and number of the document provided under section 19;

    • (e) the trade name, quantity and package size of the component;

    • (f) a description of how the component will be used; and

    • (g) if the component is shipped, the date of reception and the quantity received.

  • Marginal note:Access

    (2) The seller must keep the records under lock and key when they are not being used and must make them available only to those persons who need access to them in the course of their employment.

  • Marginal note:Application

    (3) This section applies to a sale of an amount greater than

    • (a) for hydrogen peroxide, 1 L;

    • (b) for nitromethane, 1 L;

    • (c) for potassium chlorate, 1 kg;

    • (d) for potassium perchlorate, 10 kg;

    • (e) for sodium chlorate, 1 kg;

    • (f) for nitric acid, 3.5 kg;

    • (g) for potassium nitrate, 25 kg; and

    • (h) for sodium nitrate, 25 kg.

PART 2Security — Ammonium Nitrate

Marginal note:Application

 This Part applies to ammonium nitrate.

Marginal note:Security

  •  (1) A seller must ensure that

    • (a) all gates of bins containing ammonium nitrate and all doors, windows and other points of access to buildings in which ammonium nitrate is stored are locked when they are not attended;

    • (b) a written key control plan is in place; and

    • (c) all major points of access to buildings in which ammonium nitrate is stored are lit at all times outside business hours.

  • Marginal note:Safety and security plan

    (2) The seller must have a written safety and security plan that identifies the emergency procedures and the person who is responsible for carrying out each procedure, for all major risk events including security-related events. The plan must be updated every 12 months.

  • Marginal note:Notice

    (3) The seller must inform the local police in writing of all the locations where the seller is storing ammonium nitrate.

Marginal note:Access

 A seller must

  • (a) post signs warning against unauthorized access to any place where the ammonium nitrate is stored;

  • (b) ensure that only persons, including contractors, whom the seller authorizes have access to the ammonium nitrate; and

  • (c) at the request of an inspector, provide a list of their employees at every location where ammonium nitrate is stored or sold.

Marginal note:Receiving ammonium nitrate

 When receiving ammonium nitrate, a seller must

  • (a) compare the quantity of ammonium nitrate that is received with the quantity that is shipped, as it is recorded on the bill of lading;

  • (b) record any signs of tampering on the vehicle or rail car delivering the ammonium nitrate;

  • (c) record the cause of any loss of ammonium nitrate that is not attributable to normal operations; and

  • (d) inform the person from whom the seller purchased the ammonium nitrate of any signs of tampering or loss not attributable to normal operations.

Marginal note:Stock management

  •  (1) A seller must

    • (a) ensure, on an ongoing basis, that all of the ammonium nitrate is accounted for by means of a stock management system; and

    • (b) perform an annual inventory audit of the ammonium nitrate.

  • Marginal note:Weekly inspections

    (2) The seller must perform and keep a record of weekly inspections to ensure that the ammonium nitrate has not been tampered with or lost.

  • Marginal note:Loss

    (3) The seller must keep a record of the cause of any loss of ammonium nitrate that is not attributable to normal operations.

Marginal note:Theft or tampering

 If a seller discovers that any ammonium nitrate has been stolen or tampered with, or that there has been an attempt to steal it, the seller must immediately inform the local police and, within 24 hours after the discovery, submit a written report to the Chief Inspector.

Marginal note:Sales

  •  (1) No seller shall sell ammonium nitrate

    • (a) if the quantity to be purchased is not proportional to the purchaser’s needs; or

    • (b) if they have reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

  • Marginal note:Report

    (2) The seller must report any instances when they refuse to sell ammonium nitrate as a result of complying with subsection (1) to the Chief Inspector and to the local police within 24 hours of the refusal.

Marginal note:Identification

 Before selling ammonium nitrate, a seller must be provided with

  • (a) if the ammonium nitrate is to be used as an explosive, the purchaser’s licence, permit or certificate issued under the Act;

  • (b) if the purchaser is a seller, proof of the purchaser’s enrolment on the list of sellers of restricted components; or

  • (c) in all other cases,

    • (i) proof of the purchaser’s provincial pesticide licence,

    • (ii) proof of the purchaser’s Canadian Wheat Board identification number,

    • (iii) an identification issued by the Government of Canada, or a provincial, municipal or foreign government, that bears a photograph of the purchaser, or

    • (iv) if the purchaser is registered under the Controlled Goods Regulations, proof of their registration.

Marginal note:Intermediary

 A seller may sell ammonium nitrate to a purchaser if another seller provides written confirmation that they have been provided with the documents required under section 28 in relation to the purchaser. The confirmation must include the type and reference number of the document provided to the other seller.

Marginal note:Record keeping

  •  (1) A seller must obtain and keep the following records for each sale of ammonium nitrate:

    • (a) the purchaser’s name, address and telephone number;

    • (b) the date of sale;

    • (c) the bill of lading, sales receipt or similar document;

    • (d) the type and number of the document provided under section 28;

    • (e) the trade name, quantity and package size of the ammonium nitrate;

    • (f) a description of how the ammonium nitrate will be used;

    • (g) if the ammonium nitrate is shipped, the vehicle operator’s licence number, the estimated and actual date of delivery, the location of delivery and the quantity of ammonium nitrate delivered; and

    • (h) if delivery is made at the time of purchase, a receipt signed by the purchaser containing the information required under paragraphs (a), (b) and (d) to (f).

  • Marginal note:Access

    (2) The seller must keep the records under lock and key when they are not in use and must make them available only to those persons who need access to them in the course of their employment.

  • Marginal note:Application

    (3) This section applies to a sale of an amount greater than 1 kg.

Marginal note:Shipping

  •  (1) When shipping more than 1 kg of ammonium nitrate, a seller must

    • (a) ensure that all hatches, doors and outlets are locked on the vehicle immediately after the shipment is loaded on it; and

    • (b) provide written notice to the operator of the vehicle that

      • (i) shipments should be attended at all times unless the vehicle is parked in a secure location or the vehicle and load are locked,

      • (ii) the operator of the vehicle should inspect all locks and, if seals are present, inspect all seals at each stop and at the final destination, and

      • (iii) any signs of tampering, theft, attempted theft or loss not attributable to normal operations must be immediately reported to the seller.

  • Marginal note:Shipping by train

    (2) When shipping ammonium nitrate by rail, a seller must ensure that all hatches, doors and outlets on the rail car providing access to the ammonium nitrate are locked or sealed with security cables immediately after the shipment is loaded on it and must have the means to track the shipment on a daily basis until delivery occurs and to investigate if the shipment does not arrive at its destination.

Marginal note:Notice

 A seller who sells ammonium nitrate to a purchaser who is not a seller must provide the purchaser with a written notice stating that

  • (a) security measures should be taken to prevent the theft of the ammonium nitrate;

  • (b) any signs of theft, attempted theft, tampering or loss not attributable to normal operations should be immediately reported to the local police; and

  • (c) the reselling of ammonium nitrate is prohibited.

Marginal note:Annual Inventory

  •  (1) Every seller must, using the form provided by the Chief Inspector, provide the Chief Inspector with an annual inventory of ammonium nitrate no later than March 31 of the year after the year covered by the inventory.

  • Marginal note:Contents

    (2) The inventory must include

    • (a) the seller’s enrolment number;

    • (b) the period for which it is held;

    • (c) a detailed record of the ammonium nitrate, which must include, for each location where ammonium nitrate is stored or sold,

      • (i) a starting inventory,

      • (ii) the quantity manufactured,

      • (iii) the quantity acquired, specifying whether it was purchased or imported or stating how it was otherwise acquired,

      • (iv) the quantity used, sold, exported, destroyed, stolen or lost,

      • (v) a year-end inventory, and

      • (vi) the historical normal range of losses that is due to moisture loss or mechanical abrasion; and

    • (d) the name, telephone number, facsimile number and e-mail address of the person who is responsible for completing the form.

PART 3Information

Marginal note:Conservation of documents

 A seller must keep the records and documents referred to in these Regulations for at least 2 years.

Marginal note:Information

 Any information provided under these Regulations must be true, accurate and complete.

Coming into Force

Marginal note:June 1, 2008

  •  (1) These Regulations, other than Part 1, come into force on June 1, 2008.

  • Marginal note:March 1, 2009

    (2) Part 1 comes into force on March 1, 2009.


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