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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2022-07-25 and last amended on 2018-11-02. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2022-121, s. 1

    • 1 Section 1 of the Explosives Regulations, 2013Footnote 1 is replaced by the following:

      • Overview

        1 This Part sets out the scheme and application of these Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”. Finally, it explains the function of the notes that are used in the Regulations.

  • — SOR/2022-121, s. 2

    • 2 Section 3 of the Regulations is repealed.

  • — SOR/2022-121, s. 3

    • 3 Part 20 of the Regulations is replaced by the following:

      PART 20Restricted Components

      • Overview

        454 This Part prescribes components of explosives for the purpose of the definition restricted component in section 2 of the Explosives Act, restricts the sale of those components and sets out the requirements for their sale and storage.

      • Definitions

        455 The following definitions apply in this Part.

        component seller

        component seller means a person who sells a restricted component. (vendeur de composant)

        product seller

        product seller means a person who manufactures a product, other than an explosive, for sale using a restricted component. (vendeur de produit)

        sell

        sell includes offer for sale. (vendre)

      • Chief Inspector’s delegate

        456 The duties and functions of the Chief Inspector of Explosives that are set out in subsections 467(1) and 468(1), section 488, subsections 489(1), 500(1) and 501(1) and sections 514 and 515 may be performed by an inspector designated by the Chief Inspector.

      Components

      • Prescribed components

        457 The components set out in Tables 1 to 3 to this Part are prescribed for the purpose of the definition restricted component in section 2 of the Explosives Act.

      DIVISION 1Tier 1 Requirements

      • Definition

        458 In this Division, Tier 1 component means a restricted component set out in column 1 of Table 1 to this Part.

      Authorized Sale and Acquisition
      • Sale

        459 Only a person who is authorized by this Division may sell a Tier 1 component.

      • Acquisition

        460 A Tier 1 component may be acquired for the purpose of manufacturing products, other than explosives, for sale only by a person who is authorized by this Division to acquire a component for that purpose.

      • Sale — use in laboratories
        • 461 (1) Any person may sell a Tier 1 component for use in a laboratory that is part of or affiliated with

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

          • (b) a hospital or health clinic; or

          • (c) a government or law enforcement agency.

        • Sale — component seller

          (2) A component seller may sell a Tier 1 component. The component seller must comply with this Division.

      • Acquisition — product seller

        462 A product seller may acquire a Tier 1 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.

      Component Sellers and Product Sellers List
      • Component sellers list

        463 Only a component seller who is on the component sellers list referred to in subsection 467(1) is authorized to sell a Tier 1 component.

      • Application — component seller
        • 464 (1) The component seller must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

          • (a) the component seller’s name, address, telephone number, fax number and email address;

          • (b) the Tier 1 components to be sold;

          • (c) the address of each location where a Tier 1 component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and

          • (d) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 1 component will be stored or sold.

        • Security plan

          (2) The application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component will be stored or sold. The plan must include

          • (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and the title of the person who will be responsible for ensuring that each procedure is followed;

          • (b) a description of the measures to be taken to control access to the component, including control of keys;

          • (c) a description of the measures to be taken to control access to sales records;

          • (d) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock; and

          • (e) a description of the measures to be taken to ensure that the sale of the component will be refused if the quantity requested is not proportional to the buyer’s needs or if the component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

      • Product sellers list

        465 Only a product seller who is on the product sellers list referred to in subsection 468(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 1 component.

      • Application — product seller
        • 466 (1) The product seller must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

          • (a) the product seller’s name, address, telephone number, fax number and email address;

          • (b) the product name of products that will be manufactured using a Tier 1 component and that will be sold;

          • (c) a list of the Tier 1 components that will be used in manufacturing the products;

          • (d) the address of each location where a Tier 1 component will be stored and the storage capacity for each component at each location; and

          • (e) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 1 component will be stored.

        • Security plan

          (2) The application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component will be stored. The plan must include

          • (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and the title of the person who will be responsible for ensuring that each procedure is followed;

          • (b) a description of the measures to be taken to control access to the component, including control of keys; and

          • (c) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock.

      • Listing of component seller
        • 467 (1) If a component seller provides the information required by section 464, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.

        • Duration of listing

          (2) A listing is effective for five years after the date that is set out in the document.

      • Listing of product seller
        • 468 (1) If a product seller provides the information required by section 466, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.

        • Duration of listing

          (2) A listing is effective for five years after the date that is set out in the document.

      • Notice of change

        469 Every component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

      Rules for Component Sellers and Product Sellers
      • Responsibilities of component sellers and product sellers

        470 Every component seller must ensure that the requirements set out in sections 471 to 487 are met at each location where they store or sell a Tier 1 component. Every product seller must ensure that the requirements set out in sections 471 to 480 are met at each location where they store a Tier 1 component.

      • Authorized location

        471 A Tier 1 component can only be stored at or sold from a location that has been disclosed in an application or in the notice of change referred to in section 469.

      • Notice

        472 The local police force must be informed in writing of all locations where a Tier 1 component is to be stored or sold.

      • Locked structures
        • 473 (1) Any structure that contains a Tier 1 component and every door, window or other point of access to a building in which the component is stored must be locked when it is not attended.

        • Key control plan

          (2) A key control plan must be prepared in writing and implemented.

        • Lighting

          (3) All main entrances to a building in which a Tier 1 component is stored must be lit at all times outside business hours.

      • Security plan

        474 The security plan of a component seller or product seller must be implemented and must be updated every 12 months.

      • Sign
        • 475 (1) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a Tier 1 component is stored.

        • Access

          (2) Access to a Tier 1 component must be limited to people authorized by the component seller or product seller.

      • Employee list

        476 A list of the employees who work at each location where a Tier 1 component is stored or sold must be kept at that location.

      • Verification

        477 When a Tier 1 component is received,

        • (a) the quantity of the component that is received must be compared with the quantity that is recorded on the bill of lading;

        • (b) any signs of tampering with the vehicle or rail car in which the component is shipped and any signs of attempted theft of that component must be recorded, and the record must be kept for two years after the date on which it is made;

        • (c) the person from whom the component was bought must be informed of any signs of tampering or attempted theft and any loss that is not attributable to normal operations; and

        • (d) the cause of any loss of the component that is not attributable to normal operations must be recorded, and the record must be kept for two years after the date on which it is made.

      • Stock management
        • 478 (1) A stock management system must be put in place to account for a Tier 1 component that is under the control of the component seller or product seller.

        • Audit

          (2) An annual inventory audit of the component must be performed.

        • Weekly inspections

          (3) Weekly inspections of the component must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the record is made.

      • Annual inventory

        479 For each calendar year, an inventory must be submitted to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The inventory must be submitted no later than March 31 of the year following the year of the inventory and must include the following information:

        • (a) the listing number of the component seller or product seller;

        • (b) a record of the Tier 1 component that sets out, for each location where that component is stored or sold,

          • (i) the starting inventory,

          • (ii) the quantity of the component that was manufactured,

          • (iii) the quantity of the component that was acquired and the manner of acquisition,

          • (iv) the quantity of the component that was used, sold, exported, destroyed, stolen or lost, as the case may be,

          • (v) the year-end inventory, and

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

        • (c) the name, address, telephone number, fax number and email address of the person who completed the form.

      • Theft or tampering

        480 If any theft or attempted theft of, or tampering with, a Tier 1 component is discovered,

        • (a) the local police force must be informed immediately; and

        • (b) a written report of the incident must be submitted to the Chief Inspector of Explosives within 24 hours after the discovery.

      • No sale
        • 481 (1) A sale of a Tier 1 component must be refused if

          • (a) the quantity requested is not proportional to the buyer’s needs; or

          • (b) the component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

        • Reporting

          (2) Every refusal to sell the component under subsection (1) or section 487 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

      • Identification

        482 Before a Tier 1 component is sold, the buyer must be required to establish their identity by providing

        • (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for that purpose, the number of the buyer’s licence or certificate;

        • (b) if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; and

        • (c) in all other cases,

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

          • (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address,

          • (iii) the buyer’s provincial pesticide licence,

          • (iv) proof that registration of an agricultural operation with Québec’s Ministère de l’Agriculture, des Pêcheries et de l’Alimentation is assigned to the buyer,

          • (v) proof of the buyer’s Ontario Federation of Agriculture number, or

          • (vi) proof of the buyer’s registration under the Controlled Goods Regulations.

      • Intermediary

        483 A Tier 1 component may be sold to a buyer who is unable to establish their identity in accordance with section 482 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number.

      • Record of sale
        • 484 (1) A record of each sale of a Tier 1 component must be kept for two years after the date of the sale. The record must include the following information and documents:

          • (a) the buyer’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 of document provided under section 482 and the document’s reference number;

          • (e) the product name of the component sold;

          • (f) the quantity of the component sold under each product name;

          • (g) an indication of whether the component was sold in bulk or in packages;

          • (h) if the component was sold in packages, the weight or volume of each package;

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

          • (j) if the component was shipped, the driver’s licence number, the estimated and actual date of delivery, the address to which it is delivered and the quantity received; and

          • (k) if delivery was made at the time of purchase, a receipt signed by the buyer including the information required under paragraphs (a), (b) and (d) to (i).

        • Annual sales contract

          (2) In the case of a component seller who has entered into an annual sales contract with a buyer, the information required under paragraphs (1)(a)(d) and (i) need only be recorded once in each calendar year.

        • Access

          (3) The record of sale must be kept locked up when it is not being used and must be made available only to a person who needs access to it in the course of their employment.

        • Exception

          (4) Subsections (1) to (3) only apply if the quantity of a Tier 1 component sold is more than 1 kg.

      • Shipping — vehicle
        • 485 (1) When more than 1 kg of a Tier 1 component is shipped by vehicle,

          • (a) each access point on the portion of the vehicle containing the component must be locked or sealed with a security cable immediately after the shipment is loaded; and

          • (b) the driver of the vehicle must be provided with a written notice stating that

            • (i) the component is to be attended unless the vehicle is either parked in a secure location or the vehicle and load are locked up,

            • (ii) the driver is to inspect all locks and, if seals are present, inspect all seals at each stop and at the final destination, and

            • (iii) the driver must immediately report to the component seller any signs of theft, attempted theft or tampering and any loss that is not attributable to normal operations.

        • Shipping — rail

          (2) When a Tier 1 component is shipped by rail,

          • (a) each access point on the rail car containing the component must be locked or sealed with a security cable immediately after the shipment is loaded; and

          • (b) a means must be in place to track the shipment on a daily basis until delivery occurs and to investigate if the shipment does not arrive at its destination.

      • Notice

        486 When a Tier 1 component is sold to a buyer who is not a component seller or product seller, the buyer must be provided with a written notice stating that

        • (a) security measures are to be taken to prevent the theft of the component;

        • (b) any sign of theft, attempted theft or tampering and any loss that is not attributable to normal operations must be immediately reported to the local police force; and

        • (c) the resale of the component is prohibited.

      • Responsibility of employee

        487 An employee of a component seller must refuse to sell a Tier 1 component if

        • (a) the quantity requested is not proportional to the buyer’s needs; or

        • (b) the employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

      Suspension and Removal
      • Suspension
        • 488 (1) If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend them from the component sellers list or product sellers list. The suspension continues until the component seller or product seller remedies the failure to comply.

        • Removal

          (2) If a component seller or product seller fails to comply with the Explosives Act or these Regulations on more than one occasion, the Chief Inspector of Explosives may remove them from the component sellers list or product sellers list.

      • Right to be heard
        • 489 (1) Before suspending or removing a component seller or product seller from the component sellers list or product sellers list, the Chief Inspector of Explosives must provide them with written notice of the reasons for the suspension or removal and its effective date, and give them an opportunity to provide reasons why the listing should not be suspended or removed.

        • Exception

          (2) A component seller or a product seller is suspended automatically and without notice if they fail to submit the annual inventory required under section 479.

      • Review
        • 490 (1) Within 15 days after the date of a component seller’s or product seller’s suspension or removal from the component sellers list or product sellers list, they may send the Minister a written request for a review of the decision of the Chief Inspector of Explosives.

        • Minister’s decision

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

      DIVISION 2Tier 2 Requirements

      • Definition

        491 In this Division, Tier 2 component means a restricted component set out in column 1 of Table 2 to this Part.

      Authorized Sale and Acquisition
      • Sale

        492 Only a person who is authorized by this Division may sell a Tier 2 component.

      • Acquisition

        493 A Tier 2 component may be acquired for the purpose of manufacturing products, other than explosives, for sale only by a person who is authorized by this Division to acquire a component for that purpose.

      • Sale — use in laboratories
        • 494 (1) Any person may sell a Tier 2 component for use in a laboratory that is part of or affiliated with

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

          • (b) a hospital or health clinic; or

          • (c) a government or law enforcement agency.

        • Sale — component seller

          (2) A component seller may sell a Tier 2 component. The component seller must comply with this Division.

      • Acquisition — product seller
        • 495 (1) A product seller may acquire a Tier 2 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.

        • Exception

          (2) The requirements set out in this Division do not apply to a product seller who acquires or manufactures a restricted component set out at item 10 or 11 of Table 2 to this Part for the purpose of manufacturing a product for sale.

      Component Sellers and Product Sellers List
      • Component sellers list

        496 Only a component seller who is on the component sellers list referred to in subsection 500(1) is authorized to sell a Tier 2 component.

      • Application — component seller

        497 The component seller must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

        • (a) the component seller’s name, address, telephone number, fax number and email address;

        • (b) the components to be sold;

        • (c) the address of each location where a component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and

        • (d) the name, address, telephone number, fax number and email address of a contact person for each location where a component will be stored or sold.

      • Product sellers list

        498 Only a product seller who is on the product sellers list referred to in subsection 501(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 2 component.

      • Application — product seller

        499 The product seller must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

        • (a) the product seller’s name, address, telephone number, fax number and email address;

        • (b) the product name of products that will be manufactured using a Tier 2 component and that will be sold;

        • (c) a list of the Tier 2 components that will be used in manufacturing the products;

        • (d) the address of each location where a Tier 2 component will be stored and the storage capacity for each component at each location; and

        • (e) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 2 component will be stored.

      • Listing of component seller
        • 500 (1) If a component seller provides the information required by section 497, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.

        • Duration of listing

          (2) A listing is effective for five years after the date that is set out in the document.

      • Listing of product seller
        • 501 (1) If a product seller provides the information required by section 499, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.

        • Duration of listing

          (2) A listing is effective for five years after the date that is set out in the document.

      • Notice of change

        502 Every component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

      Rules for Component Sellers and Product Sellers
      • Responsibilities of component sellers and product sellers

        503 Every component seller must ensure that the requirements set out in sections 504 to 513 are met at each location where they store or sell a Tier 2 component. Every product seller must ensure that the requirements set out in sections 504 to 508 are met at each location where they store a Tier 2 component.

      • Authorized location

        504 A Tier 2 component can only be stored at or sold from a location that has been disclosed in an application or in the notice of change referred to in section 502.

      • Locked component
        • 505 (1) A Tier 2 component must be locked up when it is not attended.

        • Sign

          (2) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a Tier 2 component is stored.

        • Access

          (3) Access to a Tier 2 component must be limited to people authorized by the component seller or product seller.

      • Employee list

        506 A list of the employees who work at each location where a Tier 2 component is stored or sold must be kept at that location.

      • Stock management
        • 507 (1) A stock management system must be put in place to account for a Tier 2 component that is under the control of the component seller or product seller.

        • Weekly inspections

          (2) Weekly inspections of the component must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the date on which the record is made.

      • Theft or tampering

        508 If any theft or attempted theft of, or any tampering with, a Tier 2 component is discovered,

        • (a) the local police force must be informed immediately;

        • (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and

        • (c) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.

      • No sale
        • 509 (1) The sale of a Tier 2 component must be refused if the component seller has reasonable grounds to suspect that the component will be used for a criminal purpose.

        • Reporting

          (2) Every refusal to sell the component under subsection (1) or section 513 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

      • Identification

        510 Before a Tier 2 component is sold, the buyer must be required to establish their identity by providing

        • (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate;

        • (b) if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; or

        • (c) in all other cases,

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

          • (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address,

          • (iii) the buyer’s provincial pesticide licence,

          • (iv) proof that registration of an agricultural operation with Québec’s Ministère de l’Agriculture, des Pêcheries et de l’Alimentation is assigned to the buyer,

          • (v) proof of the buyer’s Ontario Federation of Agriculture number,

          • (vi) the buyer’s business licence or proof of the buyer’s corporate registration, or

          • (vii) proof of the buyer’s registration under the Controlled Goods Regulations.

      • Intermediary

        511 A Tier 2 component may be sold to a buyer who is unable to establish their identity in accordance with section 510 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number.

      • Record of sale
        • 512 (1) A record of each sale of a Tier 2 component must be kept for two years after the date of the sale. The record must include the following information and documents:

          • (a) the buyer’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 of document provided under section 510 and the document’s reference number;

          • (e) the product name of the component sold;

          • (f) the quantity of the component sold under each product name;

          • (g) an indication of whether the component was sold in bulk or in packages;

          • (h) if the component was sold in packages, the weight or volume of each package;

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

          • (j) if the component was shipped, the date of reception and the quantity received.

        • Annual sales contract

          (2) In the case of a component seller who has entered into an annual sales contract with a buyer, the information required under paragraphs (1)(a)(d) and (i) need only be recorded once in each calendar year.

        • Access

          (3) The record of sale must be kept locked up when it is not being used and must be made available only to a person who needs access to it in the course of their employment.

        • Exception

          (4) Subsections (1) to (3) do not apply to the sale of a Tier 2 component set out in column 1 of Table 2 to this Part if the quantity sold is no more than the quantity set out for that component in column 2 of Table 2 to this Part.

      • Responsibility of employee

        513 An employee of a component seller must not sell a Tier 2 component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

      Suspension and Removal
      • Suspension
        • 514 (1) If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend them from the component sellers list or product sellers list. The suspension continues until the component seller or product seller remedies the failure to comply.

        • Removal

          (2) If a component seller or product seller fails to comply with the Explosives Act or these Regulations on more than one occasion, the Chief Inspector of Explosives may remove them from the component sellers list or product sellers list.

      • Right to be heard

        515 Before suspending or removing a component seller or product seller from the component sellers list or product sellers list, the Chief Inspector of Explosives must provide them with written notice of the reasons for the suspension or removal and its effective date, and give them an opportunity to provide reasons why the listing should not be suspended or removed.

      • Review
        • 516 (1) Within 15 days after the date of a component seller’s or product seller’s suspension or removal from the component sellers list or product sellers list, a component seller or product seller may send the Minister a written request for a review of the decision of the Chief Inspector of Explosives.

        • Minister’s decision

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

      DIVISION 3Tier 3 Requirements

      • Definition

        517 In this Division, Tier 3 component means a restricted component set out in column 1 of Table 3 to this Part.

      Authorized Sale
      • Sale

        518 A component seller may sell a Tier 3 component. The component seller must comply with this Division.

      Rules for Component Sellers
      • Theft or tampering

        519 If any theft or attempted theft of, or any tampering with, a Tier 3 component is discovered,

        • (a) the local police force must be informed immediately;

        • (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and

        • (c) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.

      • No sale
        • 520 (1) A sale of a Tier 3 component must be refused if the component seller has reasonable grounds to suspect that the component will be used for a criminal purpose.

        • Reporting

          (2) Every refusal to sell the component under subsection (1) or section 521 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

      • Responsibility of employee

        521 An employee of a component seller must not sell a Tier 3 component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

      TABLE 1

      Tier 1 Restricted Components

      Column 1
      ItemName of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)
      1Ammonium nitrate (CAS RN 6484-52-2) in solid form at a concentration of at least 28% w/w of nitrogen in relation to ammonium nitrate
      2

      Calcium ammonium nitrate

      • (a) that is a mixture of the following essential ingredients:

        • (i) ammonium nitrate and calcium carbonate,

        • (ii) ammonium nitrate and calcium magnesium carbonate, or

        • (iii) ammonium nitrate, calcium carbonate and calcium magnesium carbonate;

      • (b) that is prepared as homogeneous prills or granules;

      • (c) that has a maximum combustible material content, expressed as carbon, of 0.4% w/w; and

      • (d) that has a minimum content of carbonates of 20% w/w at a minimum purity level of 90% w/w

      TABLE 2

      Tier 2 Restricted Components

      Column 1Column 2
      ItemName of component (Chemical Abstracts Service Registry Number (CAS) RN)) and concentration expressed as a percentage by weight (w/w)Quantity
      1Hydrogen peroxide (CAS RN 7722-84-1) at a concentration of at least 30% w/w1 L
      2Nitromethane (CAS RN 75-52-5) at a concentration of at least 90% w/w1 L
      3Potassium chlorate (CAS RN 3811-04-9) at a concentration of at least 90% w/w1 kg
      4Potassium perchlorate (CAS RN 7778-74-7) at a concentration of at least 90% w/w10 kg
      5Sodium chlorate (CAS RN 7775-09-9) in solid form at a concentration of at least 90% w/w1 kg
      6Nitric acid (CAS RN 7697-37-2) at a concentration of at least 75% w/w4 L
      7Potassium nitrate (CAS RN 7757-79-1) at a concentration of at least 90% w/w25 kg
      8Sodium nitrate (CAS RN 7631-99-4) and potassium nitrate (CAS RN 7757-79-1) mixture at a concentration of at least 90% w/w25 kg
      9Sodium nitrate (CAS RN 7631-99-4) in solid form at a concentration of at least 90% w/w25 kg
      10Hexamethylenetetramine (CAS RN 100-97-0) at a concentration of at least 90% w/w0 kg
      11Aluminum powder (CAS RN 7429-90-5) in dry form, at a concentration of at least 70% w/w and with a particle size of less than 200 μm1 kg

      TABLE 3

      Tier 3 Restricted Components

      Column 1
      ItemName of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)
      1Acetone (CAS RN 67-64-1) at a concentration of at least 90% w/w
      2Ammonium nitrate (CAS RN 6484-52-2) in solid form at a concentration of at least 28% w/w of nitrogen in relation to ammonium nitrate, contained in a cold pack
      3

      Calcium ammonium nitrate

      • (a) that is a mixture of the following essential ingredients:

        • (i) ammonium nitrate and calcium carbonate,

        • (ii) ammonium nitrate and calcium magnesium carbonate, or

        • (iii) ammonium nitrate, calcium carbonate and calcium magnesium carbonate;

      • (b) that is prepared as homogeneous prills or granules;

      • (c) that has a maximum combustible material content, expressed as carbon, of 0.4% w/w;

      • (d) that has a minimum content of carbonates of 20% w/w at a minimum purity level of 90% w/w; and

      • (e) that is contained in a cold pack

  • — SOR/2022-121, s. 4

    • 4 The Regulations are amended by striking out all of the asterisks.

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