Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Issuance of letter

• 183 (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2), the Minister must issue a dated approval letter to the applicant and send a copy of the letter to any holder of a licence, permit or certificate mentioned in the application.

• Marginal note:Refusal

  (2) The Minister must refuse to issue an approval letter and must give the applicant written notice of the refusal, and the reasons for the refusal, if the applicant’s criminal record check reveals any of the following circumstances:

  • (a) the applicant is subject to a court order prohibiting them from possessing any explosives;

  • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences in Canada or equivalent offences committed outside of Canada:

    • (i) an indictable offence under the Explosives Act,

    • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

    • (iii) an offence under any of the following provisions of the Criminal Code:

      • (A) section 80 (breach of duty),

      • (B) section 81 (using explosives),

      • (C) section 82 (possession of explosives without lawful excuse),

      • (D) subsection 235(1) (first and second degree murder),

      • (E) subsection 239(1) (attempted murder),

      • (F) subsection 431.2(2) (explosive or other lethal device),

      • (G) section 436.1 (possession of incendiary material), or

    • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

      • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

      • (B) an offence under section 264 of the Criminal Code (criminal harassment).

• Marginal note:Other grounds of refusal

  (2.1) The Minister must refuse to issue an approval letter and must give the applicant written notice giving reasons of the refusal if

  • (a) the applicant has made a false or misleading statement in the application; or

  • (b) the Minister has reasonable grounds to believe that issuing the approval letter for the licence, permit or certificate mentioned in the application would constitute a risk to the safety or security of persons.

• Marginal note:Request for review

  (3) An applicant may, within 30 days after the day on which they receive a notice of refusal from the Minister, send the Minister a written request for a review of the refusal on the grounds that the information on which the refusal was based is incorrect, accompanied by any additional documents or any other information in writing that is necessary to support the request.

• Marginal note:Disposition on review

  (4) After reviewing the new information or documents, the Minister must

  • (a) issue the approval letter if the information on which the refusal was based is incorrect; or

  • (b) give the applicant written notice of the refusal, and the reasons for the refusal, and send a copy of the notice to any licence, permit or certificate holder mentioned in the application, if the information on which the refusal was based is correct.

• Marginal note:Review not requested

  (5) If the applicant does not request a review, the Minister must, at the end of the period mentioned in subsection (3), send a copy of the notice of refusal to any licence, permit or certificate holder mentioned in the application.

Marginal note:Cancellation

• 183.1 (1) The Minister may by written notice with reasons cancel the approval letter referred to in section 182 if one of the circumstances referred to in paragraph 183(2)(a) or (b) applies to the holder of the letter or on either grounds referred to in subsection 183(2.1).

• Marginal note:Additional information

  (2) The Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to cancel the approval letter.

Marginal note:Period of validity

184 An approval letter remains valid for five years after the date on which it is issued.

Marginal note:Copy of letter

• 185 (1) A person who has been issued an approval letter may

  • (a) obtain a copy of the letter by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; or

  • (b) have a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address.

• Marginal note:Verification

  (2) A holder of a licence, permit or certificate who wishes to verify that a director or employee of the holder, or a person seeking employment from the holder, has an approval letter 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 and email address of both the holder and a contact person;

  • (b) the name and date of birth of the person whose approval letter is to be verified; and

  • (c) that person’s written consent, witnessed and signed by a witness.

PART 9Transporting Explosives

Marginal note:Overview

186 This Part sets out the requirements for transporting explosives, including in transit transportation and the loading and unloading of explosives, that must be met by shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply.

Marginal note:Definitions

187 The following definitions apply in this Part.

carrier

carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur)

shipper

shipper means a person who arranges for a carrier, prepares the explosives for transport and delivers them to the carrier. (expéditeur)

Marginal note:Explosive quantity

188 A reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance), except in section 190 where it is a reference to its gross quantity (the mass of the explosive plus the mass of any packaging or container).

Marginal note:Driver who is not a carrier

189 A driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.

Exemption of Certain Explosives

Marginal note:List of explosives

• 190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport

  • (a) no more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED;

  • (b) no more than 150 kg of an explosive with the number

    • (i) UN 0161, POWDER, SMOKELESS,

    • (ii) UN 0186, ROCKET MOTORS,

    • (iii) UN 0191, SIGNAL DEVICES, HAND,

    • (iv) UN 0197, SIGNALS, SMOKE,

    • (v) UN 0276, CARTRIDGES, POWER DEVICE,

    • (vi) UN 0312, CARTRIDGES, SIGNAL,

    • (vii) UN 0336, FIREWORKS,

    • (viii) UN 0351, ARTICLES, EXPLOSIVE, N.O.S.,

    • (ix) UN 0403, FLARES, AERIAL,

    • (x) UN 0431, ARTICLES, PYROTECHNIC,

    • (xi) UN 0453, ROCKETS, LINE THROWING,

    • (xii) UN 0499, PROPELLANT, SOLID,

    • (xiii) UN 0501, PROPELLANT, SOLID,

    • (xiv) UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS,

    • (xv) UN 0505, SIGNALS, DISTRESS,

    • (xvi) UN 0509, POWDER, SMOKELESS; or

  • (c) any quantity of an explosive with the number

    • (i) UN 0012, CARTRIDGES, SMALL ARMS,

    • (ii) UN 0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK,

    • (iii) UN 0044, PRIMERS, CAP,

    • (iv) UN 0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER,

    • (v) UN 0105, FUSE, SAFETY,

    • (vi) UN 0131, LIGHTERS, FUSE,

    • (vii) UN 0173, RELEASE DEVICES, EXPLOSIVE,

    • (viii) UN 0323, CARTRIDGES, POWER DEVICE;

    • (ix) UN 0337, FIREWORKS,

    • (x) UN 0373, SIGNAL DEVICES, HAND,

    • (xi) UN 0404, FLARES, AERIAL,

    • (xii) UN 0405, CARTRIDGES, SIGNAL,

    • (xiii) UN 0432, ARTICLES, PYROTECHNIC,

    • (xiv) UN 0454, IGNITERS,

    • (xv) UN 0506, SIGNALS, DISTRESS, or

    • (xvi) UN 0507, SIGNALS, SMOKE.

• Marginal note:Requirements

  (2) Despite subsection (1), the carrier and driver must ensure that the explosives are transported in packaging or a container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized.

Transporting Explosives in a Vehicle

Marginal note:Vehicle requirements

• 191 (1) A carrier of explosives by vehicle must ensure that the portion of the vehicle that contains the explosives

  • (a) is either an intermodal container or is fully enclosed and fire resistant and is constructed of or is lined with a non-sparking material or does not increase the likelihood of an ignition; and

  • (b) is kept locked except when the explosives are being loaded or unloaded.

• Marginal note:Vehicle kept locked

  (2) The driver of the vehicle must also ensure that the portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded.

• Marginal note:Towed vehicle

  (3) A carrier of explosives must not transport explosives in a towed vehicle unless

  • (a) the explosives are in a semi-trailer attached to a truck tractor or in a fifth-wheel trailer;

  • (b) the explosives are in a trailer that is part of a road train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken;

  • (c) the Minister or a police officer directs that the vehicle be towed because of an emergency or a breakdown;

  • (d) it is for the purposes of returning the vehicle to the road and the following requirements are met:

    • (i) there is no evidence of theft, attempted theft or loss of an explosive,

    • (ii) there is no evidence of a fire, spill or accidental explosion,

    • (iii) there is no evidence of an injury or death,

    • (iv) there is no evidence of accidental property or vehicle damage,

    • (v) there is no evidence of a release or anticipated release of explosives, and

    • (vi) after the vehicle has been towed to the road, the driver conducts an inspection to verify that the vehicle continues to meet the safety and roadworthiness requirements of this Part and to confirm that the explosives remain undamaged; or

  • (e) the explosives are classified as UN 3375 and are in a road vehicle, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, and no more than two drawn road vehicles are used in a road train.

• Marginal note:Exception

  (3.1) Subsection (3) does not apply to

  • (a) the transportation of explosives at a mine site or quarry; or

  • (b) the transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) and ensures that the quantity of fireworks transported in the towed vehicle does not exceed 750 kg and precautions have been taken to minimize the sway of both vehicles.

• Marginal note:Oversized load

  (4) If an explosive article or equipment that is contaminated with an explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and, if feasible, covered.

• Marginal note:Application for permit

  (5) A carrier who applies for a permit to use a flatbed to transport an explosive article or equipment that is contaminated with an explosive substance 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 applicant’s name, address, telephone number and email address;

  • (b) the licence plate number and vehicle identification number of the flatbed;

  • (c) the number of the division 1 factory licence or magazine licence that authorizes the manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported;

  • (d) a description of the explosive article or contaminated equipment; and

  • (e) a description of the method to be used to cover the article or equipment and to secure it to the flatbed.

• Marginal note:Exception

  (5.1) Subsections (1), (2) and (4) do not apply to jet perforating guns if they
  

  • (a) are transported in a motor vehicle or fifth-wheel trailer that is equipped with racks, carrying cases or devices that are designed and constructed to ensure that the jet perforating guns remain securely held in place during transport;

  • (b) are protected from damage during transport;

  • (c) do not extend beyond the body of the motor vehicle or the bed of the fifth-wheel trailer; and

  • (d) are transported in a manner that protects them from theft.

• Marginal note:Requirement — material

  (6) If a part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport and if that part consists of a material that could increase the likelihood of an ignition if contact were to occur, the carrier must ensure that the part is covered with material that will prevent the contact from occurring.

• (7) [Repealed, SOR/2024-77, s. 53]

• Marginal note:Fire extinguishers

  (8) The carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.

• (9) [Repealed, SOR/2024-77, s. 53]

• (10) [Repealed, SOR/2024-77, s. 53]

• (11) [Repealed, SOR/2024-77, s. 53]

• Marginal note:Dangerous goods marks

  (12) The carrier and the driver must ensure that any dangerous goods marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway.