Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Requirement that explosives be authorized

11 A person may carry out an activity involving an explosive only if the explosive is authorized under Part 3.

Prohibitions

Marginal note:Prohibited explosives

12 The following explosives are, in the opinion of the Minister, intrinsically unsafe and must not be acquired, possessed, used or sold:

• (a) trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); and

• (b) explosives containing chemicals that are not compatible with one another.

Marginal note:Sale or transfer

13 A person must not sell or otherwise transfer an explosive to another person if they have reasonable grounds to suspect that

• (a) the other person is not authorized by the Explosives Act or these Regulations to acquire the explosive;

• (b) the explosive will be used for a criminal purpose; or

• (c) the other person is under the influence of alcohol or another performance-diminishing substance.

Marginal note:Acquisition of restricted explosive

14 A person must not acquire an explosive that the Chief Inspector of Explosives has authorized with restrictions unless

• (a) if the authorization is restricted to specified people or bodies or classes of people or bodies, they are a person or body or member of a class of people or bodies specified in the authorization;

• (b) if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; or

• (c) if the authorization is restricted to specified people or bodies or classes of people or bodies and to specified purposes, they are a person or body or member of a class of people or bodies specified in the authorization and intend to use the explosive for a purpose specified in the authorization.

Marginal note:Performance-diminishing substance

15 A person must not carry out an activity involving an explosive if they are under the influence of alcohol or another performance-diminishing substance. A person who has taken a prescription drug may carry out such an activity if they have medical proof that they need the drug and that it will not impede their ability to safely carry out the activity.

Marginal note:Smoking

16 A person must not smoke while they are carrying out an activity involving an explosive or if they are within 8 m of an explosive.

Marginal note:Alteration of markings

• 17 (1) A person must not alter, deface or obscure any printing or label on an explosive or its packaging unless they are ordered to do so by an inspector to correct an error.

• Marginal note:Change of quantity

  (2) However, after removing an explosive from its packaging, a person may alter the printing or label on the packaging to reflect the remaining quantity.

Marginal note:False information

18 A person must not include in a document required by these Regulations any information that is false or misleading. A person must not submit a document that, by reason of non-disclosure of facts, is false or misleading.

Safety Precautions

Marginal note:Knowledge of activity

19 A person who is carrying out an activity involving an explosive must ensure that they, and any person under their supervision, have knowledge of the activity being carried out and of the measures that must be taken to minimize any likelihood of harm to people and property that could result from the activity, including measures to

• (a) prevent an accidental ignition;

• (b) limit the spread of any fire or the extent of any explosion; and

• (c) protect people from the effects of any fire or explosion.

Marginal note:Precautionary measures

20 A person who is carrying out an activity involving an explosive must take measures that minimize the likelihood of harm to people or property that could result from the activity, including measures to

• (a) prevent an accidental ignition;

• (b) limit the spread of any fire or the extent of any explosion; and

• (c) protect people from the effects of any fire or explosion.

Marginal note:Limiting access to explosives

21 A person who is in control of an explosive must ensure that only people authorized by them or by law have access to the explosive.

Marginal note:Use of fireworks

22 A person may use fireworks only for the purpose for which they were designed.

PART 3Authorization and Classification of Explosives

Marginal note:Overview

23 This Part sets out activities involving an explosive that may be carried out even if the explosive is not authorized. It also sets out the procedure for obtaining authorization of an explosive and when permission is required to change an explosive that has been authorized. It deals as well with the classification and reclassification of explosives, their recall and the cancellation of an authorization.

Marginal note:Chief Inspector’s delegate

24 The duties and functions of the Chief Inspector of Explosives that are set out in sections 32 to 40 may be performed by an inspector designated by the Chief Inspector.

Authorization Not Required

Marginal note:Exemption from authorization

25 Despite section 11, the following activities involving an explosive may be carried out even though the explosives are not authorized:

• (a) the manufacture of up to 1 kg of explosives to be used in conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution;

• (b) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, demonstration, test or analysis by a government or law enforcement agency;

• (c) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, test or analysis at a private or commercial laboratory;

• (d) the manufacture of black powder charges for ceremonial use;

• (e) the manufacture of small arms cartridges or black powder cartouches for personal use;

• (f) the assembly and use of special purpose pyrotechnics, as defined in section 361;

• (g) the sending of a sample of an explosive to the Chief Inspector of Explosives, at his or her request, for authorization testing;

• (h) the importation of an explosive, if the conditions set out in section 45 or 45.1 are met;

• (i) the exportation of an explosive, if the conditions set out in section 45 are met;

• (j) the transportation in transit of an explosive;

• (k) the transportation of set pieces, that is to say, lattices intended to be fixed to the ground and arrayed with ground-level fireworks that form an image, word or design; and

• (l) the transportation of explosives within Canada for the Department of National Defence, the Canadian Armed Forces or any armed forces cooperating with the Canadian Armed Forces, if the following conditions are met:

  • (i) the explosives have been classified for the purposes of transportation by a competent authority under the Recommendations on the Transport of Dangerous Goods — Model Regulations, published by the United Nations, as amended from time to time, and

  • (ii) the competent authority has been recognized by the Chief Inspector of Explosives as having a transport classification process equivalent to that set out in the Transportation of Dangerous Goods Regulations.

Application for Authorization

Marginal note:Period of authorization

• 26 (1) An explosive may be authorized for an indefinite period or for a specified period.

• Marginal note:Indefinite period

  (2) An authorization for an indefinite period is issued if the explosive is intended to be used in ongoing or recurring activities. The authorization may be issued with restrictions.

• Marginal note:Specified period

  (3) An authorization for a specified period is issued if the explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks).

Marginal note:Applicant

27 The following people may apply to have an explosive authorized:

• (a) a person who proposes to manufacture the explosive;

• (b) a foreign manufacturer of the explosive; or

• (c) a person who has permission to apply from a manufacturer of the explosive.

Marginal note:Application for indefinite period

28 An applicant for an authorization for an indefinite period 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 the applicant as well as of the manufacturer if the applicant is not the manufacturer;

• (b) a short description of the explosive and its properties, as well as its product name;

• (c) a description of the circumstances in which it will be used;

• (d) for an explosive article, a technical drawing of the article, prepared to scale, that sets out its dimensions, its components and the materials of its construction;

• (e) the composition of the explosive and the percent tolerance or range of each of its ingredients;

• (f) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;

• (g) the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state;

• (h) the anticipated classification of the explosive under section 36;

• (i) in the case of an explosive to be manufactured in Canada for the first time, a description of the manufacturing operations that will be used;

• (j) for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use;

• (k) a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale;

• (l) a description of the packaging or container in which the explosive will be transported and stored, and the safety standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992;

• (m) the information that will be printed on the explosive and its packaging;

• (n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; and

• (o) the period after the manufacture of the explosive during which it will remain suitable for use in the circumstances described in paragraph (c).

Marginal note:Application for specified period

29 An applicant for an authorization for a specified period, if the explosive is for use other than at a special event, tour or international competition involving fireworks, 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 the applicant as well as of the manufacturer if the applicant is not the manufacturer;

• (b) the period for which the authorization is requested;

• (c) a short description of the explosive and its properties, as well as its product name;

• (d) a description of the circumstances in which it will be used;

• (e) the quantity of the explosive that will be used during the period;

• (f) every location where it will be used;

• (g) in the case of a product trial, the location where the explosive will be manufactured;

• (h) for an explosive article, a technical drawing of the article prepared to scale that includes its dimensions, its components and the materials of its construction;

• (i) the composition of the explosive and the percent tolerance or range of each of its ingredients;

• (j) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;

• (k) for an explosive article, a description of its performance characteristics, the way in which it functions and instructions for its use;

• (l) a description of any packaging or container in which the explosive will be handled, used or displayed for sale;

• (m) a description of the packaging or container in which the explosive will be transported and stored and the safety standards with which the packaging or container must comply under the Transportation of Dangerous Goods Act, 1992;

• (n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen;

• (o) the delivery system, if the explosive is to be transported in bulk;

• (p) the method to be used to destroy any of the explosive that is not used before the authorization expires; and

• (q) the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state.