Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Copy of licence and notice

163 The holder must ensure that a copy of the user magazine zone licence and of the notice are posted in each magazine.

PART 7Provisions of General Application

Marginal note:Overview

164 This Part sets out certain terms and conditions that apply to holders of the documents (licences, permits and certificates) issued by the Minister under section 7 of the Explosives Act. It also sets out the procedures for changing or renewing these documents and provides for their suspension and cancellation.

Terms and Conditions

Marginal note:Authorized activities

• 165 (1) A holder of a licence, permit or certificate may carry out any Footnote ^*activity involving an explosive that is authorized by the document and must do so in the manner specified in it.

• Marginal note:Responsibility of holder

  (2) The holder must ensure that their employees and other workers carry out the activities authorized by the document in the manner specified in it.

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

Marginal note:Presentation of licence, permit or certificate

166 A holder of a licence, permit or certificate must present their document for review at the request of a peace officer.

Marginal note:Fire

• 167 (1) A holder of a licence, permit or certificate must immediately inform the local fire department of any fire that involves an Footnote ^*explosive under their control.

• Marginal note:Incidents

  (2) A holder of a licence, permit or certificate must inform an inspector as soon as the circumstances permit of any of the following incidents that involves an explosive under their control:

  • (a) the theft, attempted theft or loss of an explosive;

  • (b) a fire, spill or accidental explosion;

  • (c) an injury or death; or

  • (d) any accidental property damage.

• Marginal note:Report

  (3) The holder must provide the Chief Inspector of Explosives with a detailed follow-up report about the incident as soon as the circumstances permit. The report must include the likely cause of the incident and the steps that the holder will take to prevent such an incident from happening again.

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

Marginal note:Destruction of explosives

168 A holder of a licence, permit or certificate who has not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the Footnote ^*explosives under their control for which a licence, permit or certificate is required

• (a) are destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction;

• (b) are returned to the person from whom they were bought; or

• (c) are delivered to a holder of a factory licence that authorizes storage of those explosives.

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

Marginal note:Decommissioning plan — factory

• 169 (1) Before decommissioning a factory, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister.

• Marginal note:Decommissioning plan — magazine

  (2) Before decommissioning a workplace or magazine, a holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decomissioning plan to the Minister if the workplace or magazine contains any Footnote ^*explosive residue.

• Marginal note:Contents of plan

  (3) A decommissioning plan must include a description of the safety measures that the holder will take to minimize the likelihood of harm to people or property during and after the decommissioning.

• Marginal note:Additional safety measures

  (4) The Minister may require the holder to implement additional safety measures that are necessary to minimize the likelihood of harm to people or property.

• Marginal note:Responsibility of holder

  (5) The holder must implement the decommissioning plan and ensure that the factory, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the factory or magazine is decommissioned. They must inform the Minister when the decommissioning is complete.

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

Marginal note:Annual report

• 170 (1) For any calendar year during which a holder of a factory licence, an import or export permit or a manufacturing certificate carries out an Footnote ^*activity involving an explosive of type E, I or D, the holder must submit a report to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The report must include, for each Footnote ^*explosive,

  • (a) its UN number;

  • (b) for each UN number, the quantity of explosive that was acquired, Footnote ^*manufactured, imported, exported, used, sold, lost, stolen or destroyed during the calendar year; and

  • (c) the quantity of each explosive in the holder’s inventory on December 31 of the calendar year or, if the holder ceased operations during the year, on the date on which operations ceased.

• Marginal note:Submission

  (2) The report must be submitted

  • (a) when the holder applies to renew their licence, permit or certificate, if the application for renewal is between the end of the calendar year and March 31 of the following year; or

  • (b) on or before March 31 of the year following the calendar year if the holder has not applied for a renewal before that day.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

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

Marginal note:Suspension of activity

171 A licence holder who intends to suspend an activity for which their licence was issued must, no later than 14 days before the date on which the suspension is to begin, give the Minister written notice of the date of suspension and the anticipated date, if any, for resuming the activity.

Amendment and Renewal

Marginal note:Amendment or renewal with amendment

• 172 (1) An applicant for an amendment of a licence, permit or certificate, or for a renewal with amendment, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether the amendment requested is to a licence, a permit or a certificate and must include the following information:

  • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

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

  • (c) the amendment requested; and

  • (d) all the information that differs from that provided in the previous application.

• Marginal note:Renewal without amendment

  (2) An applicant for a renewal without amendment of a licence, permit or certificate 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 name, address, telephone number, fax number and email address of both the applicant and a contact person; and

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

• Marginal note:Exception

  (3) Despite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109.

• Marginal note:Fees

  (4) An applicant must pay the applicable fees set out in Part 19.

Suspension and Cancellation

Marginal note:Suspension

• 173 (1) The Chief Inspector of Explosives may suspend a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act, these Regulations or any term or condition of the document. The suspension continues until the measures required to bring the holder into compliance are taken.

• Marginal note:Cancellation

  (2) The Chief Inspector may cancel a licence, permit or certificate if the holder

  • (a) fails more than one time to comply with the Explosives Act, these Regulations or any term or condition of the document; or

  • (b) jeopardizes the safety of the public or the holder’s employees by failing to follow the practices of the Footnote ^*explosives industry.

• Marginal note:Procedure

  (3) Before suspending or cancelling a licence, permit or certificate, the Chief Inspector must provide the holder with written notice of the reasons for the suspension or cancellation and its effective date and give them an opportunity to provide reasons why the licence, permit or certificate should not be suspended or cancelled.

• Marginal note:Review by Minister

  (4) The holder may request that the Minister review the Chief Inspector’s decision to suspend or cancel. The request must be made in writing within 15 days after the Chief Inspector has given the holder notice of the decision. The Minister must confirm, revoke or amend the decision.

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

PART 8Screening

Marginal note:Overview

174 This Part sets out the screening requirements for people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to Footnote ^*manufacture, store, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval.

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

Marginal note:Definitions

• 175 (1) The following definitions apply in this Part.

  approval letter

  approval letter means an approval letter issued by the Minister under section 183. (lettre d’approbation)

  certificate

  certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. (certificat)

  equivalent document

  equivalent document means

  • (a) a permis général issued under Quebec’s An Act respecting explosives, as amended from time to time;

  • (b) a FAST card (free and secure trade card) issued by the Canada Border Services Agency;

  • (c) a NEXUS card issued by the Canada Border Services Agency;

  • (d) a Firearms Possession and Acquisition Licence issued under the Firearms Act; or

  • (e) a security clearance issued by Public Services and Procurement Canada to individuals working for or on behalf of entities that are registered in its Contract Security Program. (document équivalent)

  high hazard explosive

  high hazard explosive refers to

  • (a) military explosives or law enforcement explosives (type D);

  • (b) high explosives (type E); or

  • (c) initiation systems (type I). (explosif à risque élevé)

  licence

  licence means a licence that authorizes the storage of a high hazard explosive. (licence)

  permit

  permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. (permis)

• Marginal note:Access

  (2) A person is considered to have access to a high hazard explosive if it is possible for them to come into contact, even momentary contact, with such an explosive.

DIVISION 1Application for Licence, Permit or Certificate

Marginal note:Approval letter or equivalent document

• 176 (1) An individual who applies for a licence, permit or certificate or for the renewal of one must include with their application proof that they have an approval letter or equivalent document.

• Marginal note:List of employees

  (2) Every applicant for a licence, permit or certificate, or for the renewal of one, must also include a list of their employees who are required by this Part to have an approval letter and must indicate whether the employee has applied for the letter and whether it has been received.