Explosives Regulations, 2013 (SOR/2013-211)

PART 1Introduction

Marginal note: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 and asterisks that are used in the Regulations.

Note: Section 29 of the Explosives Act states that “Nothing in the Act relieves any person . . . of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives. . . .”

Marginal note:Notes

2 The notes that appear beneath some provisions do not form part of these Regulations but are included for convenience only.

Marginal note:Asterisks

3 When a term that is defined in section 6 is used in these Regulations, an asterisk appears in front of the term the first time that it is used in a section.

Marginal note:Scheme of Regulations

• 4 (1) These Regulations are divided into 20 Parts. Some Parts apply to all Footnote ^*explosives and some apply only to specific types of explosive. The final Part applies to restricted components.

• Marginal note:General requirements, prohibitions and safety precautions

  (2) Part 2 sets out the general requirements, prohibitions and safety precautions that apply to every person who is carrying out an Footnote ^*activity involving an explosive or is in the vicinity of an explosive.

• Marginal note:Authorization and classification of explosives

  (3) Part 3 indicates how to obtain an authorization of an explosive, how an authorized explosive is classified, how to obtain permission to change an authorized explosive, when an authorization may be cancelled and when an authorized explosive must be recalled.

• Marginal note:Importing and exporting explosives and transporting explosives in transit

  (4) Part 4 indicates how to obtain a permit to import or export explosives or to transport them in transit and sets out the requirements for carrying out those activities.

• Marginal note:Manufacturing explosives

  (5) Part 5 indicates how to obtain a factory licence or manufacturing certificate and sets out the circumstances in which explosives may be Footnote ^*manufactured without a licence or certificate. It also sets out the requirements for manufacturing explosives.

• Marginal note:Magazine licences and storage in licensed magazine

  (6) Part 6 indicates how to obtain a magazine licence and sets out the requirements for storing explosives in a licensed magazine.

• Marginal note:Provisions of general application

  (7) Part 7 sets out the terms and conditions that apply to all holders of licences, permits and certificates, indicates how to obtain an amendment or renewal and sets out the circumstances in which a licence, permit or certificate may be suspended or cancelled.

• Marginal note:Screening

  (8) Part 8 sets out the screening and supervision requirements that apply to people who have, or could have, access to high risk explosives.

• Marginal note:Transporting explosives

  (9) Part 9 sets out the requirements for transporting explosives, including transporting them in transit.

• Marginal note:Particular types of explosives

  (10) Parts 10 to 15 set out the requirements for the acquisition, storage and sale of the following types of explosives:

  • (a) military explosives and law enforcement explosives – Part 10;

  • (b) Footnote ^*industrial explosives – Part 11;

  • (c) blank cartridges for tools – Part 12;

  • (d) special purpose explosives – Part 13;

  • (e) small arms cartridges, propellant powder and percussion caps – Part 14; and

  • (f) model and high power rocket motors – Part 15.

  Part 14 also authorizes, and sets out requirements for, the manufacture of small arms cartridges and black powder cartouches.

• Marginal note:Types of pyrotechnics

  (11) Parts 16 to 18 set out the requirements for the acquisition, storage, sale and use of the following types of fireworks:

  • (a) consumer fireworks – Part 16;

  • (b) Footnote ^*special effect pyrotechnics – Part 17; and

  • (c) display fireworks, including firecrackers – Part 18.

  Parts 17 and 18 also indicate how to obtain a fireworks operator certificate.

• Marginal note:Fees

  (12) Part 19 sets out the fees to be paid for obtaining an authorization, permit, licence or certificate.

• Marginal note:Restricted components

  (13) Part 20 restricts the sale and acquisition of certain components of explosives and sets out requirements for their sale and storage.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Application of Regulations

• 5 (1) These Regulations apply to all Footnote ^*explosives except the following, to which only Part 5 applies:

  • (a) safety and strike-anywhere matches;

  • (b) life-saving devices (for example, signals, flares and parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment that is necessary for its safe operation or for the safety of its occupants;

  • (c) explosives classified as UN 3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;

  • (d) explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for example, 1H-tetrazole), training kits for sniffer dogs and kits to test the functioning of machines that detect trace levels of explosives; and

  • (e) Christmas crackers containing less than 2 mg of Footnote ^*explosive substance.

• Marginal note:Exemption from Explosives Act

  (2) Paragraphs 6(b) to (d) and subsections 9(2) and (3) of the Explosives Act do not apply to the explosives set out in subsection (1).

• Marginal note:Exemption from Act

  (3) Paragraph 6(e) and section 20 of the Explosives Act do not apply to the explosives set out in paragraphs (1)(a), (b), (d) and (e).

• Marginal note:Exemption from Act

  (4) Section 21 of the Explosives Act applies to the explosives set out in subsection (1) only in respect of the activities referred to in paragraph 6(a) of that Act, and to the explosives set out in paragraph 1(c) only in respect of the activities referred to in paragraph 6(e) of that Act.

• Marginal note:Explosives under control of allied armed forces

  (5) Explosives that are under the control of any armed forces that are cooperating with the Canadian Forces are deemed to be under the direction or control of the Minister of National Defence.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Definition of explosive

• 6 (1) For the purposes of section 2 of the Explosives Act and these Regulations, explosive includes

  • (a) an Footnote ^*explosive substance or Footnote ^*explosive article that is not Footnote ^*manufactured or used to produce an explosion, detonation or pyrotechnic effect but is included in Class 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations;

  • (b) any substance numbered UN 1442, AMMONIUM PERCHLORATE as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations; and

  • (c) a multi-ingredient kit that is used to manufacture an explosive.

    Note: The term explosive is defined in section 2 of the Explosives Act as “any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations”.

• Definition of military device

  (2) For the purposes of section 2 of the Explosives Act, military device means a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, perforator and any other explosive article that is manufactured exclusively for military or law enforcement purposes.

• Marginal note:Definitions

  (3) The following definitions apply in these Regulations.

  activity involving an explosive

  activity involving an explosive means acquiring, possessing, selling, offering for sale, storing, Footnote ^*manufacturing, transporting, transporting in transit, importing, exporting or delivering an Footnote ^*explosive or using fireworks. (activité visant un explosif)

  attended

  attended means to be constantly monitored by a person and, unless these Regulations provide otherwise, includes monitoring by a person using electronic means. (surveillé)

  compatible

  compatible means, in relation to a material, that the material

  • (a) will not react chemically with an Footnote ^*explosive or raw material so as to affect the functioning of the explosive or raw material or to increase the likelihood of an ignition of the explosive or raw material; and

  • (b) will not be degraded by an explosive or raw material so as to affect its function or increase the likelihood of an ignition of the explosive or raw material. (compatible)

  decontaminate

  decontaminate means to completely remove, clean or purge an Footnote ^*explosive substance from a building, room, area, vehicle, equipment or container. (décontamination)

  explosive article

  explosive article means an article that contains one or more Footnote ^*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 is capable of causing damage to surrounding structures or infrastructure. It includes a substance — or a mixture of substances — that is designed to produce an effect of heat, light, sound, gas or smoke, or a combination of such effects, by means of a non-detonative self-sustaining exothermic chemical reaction, even if the substance or mixture does not produce a gas. (matière explosive)

  industrial explosive

  industrial explosive has the same meaning as in section 213. (explosif industriel)

  local authority

  local authority means, in relation to Footnote ^*special effect pyrotechnics or display fireworks, the municipal, provincial or territorial organization or office that has authority to authorize their use in a locality. (autorité locale)

  manufacturing

  manufacturing has the same meaning as in section 53. (fabriquer)

  product name

  product name means the trade name or part number of an explosive, or both in the case of an explosive that has both a trade name and a part number. (nom de produit)

  pyrotechnic event

  pyrotechnic event has the same meaning as in section 361. (activité pyrotechnique)

  small arms cartridge

  small arms cartridge has the same meaning as in subsection 268(1). (cartouches pour armes de petit calibre)

  special effect pyrotechnics

  special effect pyrotechnics has the same meaning as in section 361. (pièces pyrotechnique à effets spéciaux)

  storage unit

  storage unit means a building, structure, place or container in which Footnote ^*explosives are stored and that is not licensed. However, it does not include a dwelling or any structure, place or container in a dwelling. (unité de stockage)

  vendor magazine licence

  vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

  vulnerable place

  vulnerable place refers to

  • (a) any building in which people live, work or assemble;

  • (b) public roads, railways and other transportation infrastructure;

  • (c) pipelines and energy transmission lines; and

  • (d) any place where a substance that increases the likelihood of a fire or explosion is likely to be stored. (lieu vulnérable)

• Marginal note:Exception

  (4) The definition manufacturing in subsection (3) does not apply in Part 20.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.