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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2023-01-25 and last amended on 2018-11-02. Previous Versions

PART 8Screening (continued)

DIVISION 1Application for Licence, Permit or Certificate (continued)

[
  • SOR/2013-211, s. 507
]

Marginal note:Issuance of document

 The Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document.

  • SOR/2013-211, ss. 507(E), 508(F)
  • SOR/2016-75, ss. 20, 44(F)
  • SOR/2018-231, s. 19

DIVISION 2Approval Letters

Requirements for Holders of a Licence, Permit or Certificate

[
  • SOR/2013-211, s. 507
]

Marginal note:Approval letter required

  •  (1) A holder of a licence, permit or certificate must ensure that an approval letter or equivalent document is held by every employee, director or contractor who, in carrying out their functions for the holder,

    • (a) has access to a high hazard explosive;

    • (b) permits others to have access to a high hazard explosive; or

    • (c) controls, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive.

  • Marginal note:Control over others

    (2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they control, directly or indirectly, a person who, in carrying out their functions for the holder, has access to a high hazard explosive.

  • SOR/2013-211, s. 507
  • SOR/2016-75, s. 45(F)

Marginal note:Access prevented

  •  (1) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not have access to a high hazard explosive that is being Footnote *manufactured, stored, sold, imported, exported or transported by the holder.

  • Marginal note:Exception — supervised person

    (2) Subsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and was either refused or is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document.

  • SOR/2013-211, s. 504

Marginal note:Visitors

 A holder of a licence or certificate must ensure that a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document.

  • SOR/2013-211, s. 505

Marginal note:Exception — peace officers, etc.

 Subsection 179(1) and section 180 do not apply in respect of the following people when they are acting in the course of their duties:

  • (a) a peace officer;

  • (b) an employee of the federal government; or

  • (c) an inspector appointed under the Explosives Act.

Application for Approval Letter

Marginal note:Application

  •  (1) A person may apply for an approval letter by completing, signing and sending 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 applicant’s date of birth; and

    • (c) if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number, fax number and email address and, if applicable, the name of the applicant’s supervisor.

  • Marginal note:Criminal record check

    (2) The application must include the original of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister.

  • SOR/2013-211, s. 507
  • SOR/2016-75, s. 38

Marginal note:Issuance of letter

  •  (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 Footnote *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:

      • (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:Request for review

    (3) An applicant may, within 30 days after the date on which they receive a notice of refusal, send the Minister written information or documents to establish that the information on which the refusal was based is incorrect.

  • 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.

  • SOR/2013-211, s. 507
  • SOR/2016-75, ss. 38, 44(F)

Marginal note:Period of validity

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

Marginal note:Copy of letter

  •  (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, fax 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.

  • SOR/2013-211, s. 507

PART 9Transporting Explosives

Marginal note:Overview

 This Part sets out the requirements for transporting Footnote *explosives, including in transit transportation and the loading and unloading of explosives, that must be met by owners, 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.

  • SOR/2018-231, s. 20

Marginal note:Definitions

 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 Footnote *explosives for transport and delivers them to the carrier. (expéditeur)

Marginal note:Explosive quantity

 A reference to the mass of an Footnote *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 Footnote *explosive article, also excluding any component that is not an Footnote *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

 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

[
  • SOR/2018-231, s. 21
]

Marginal note:List of explosives

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

  • SOR/2016-75, s. 21
  • SOR/2018-231, s. 22
 
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