Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Inspectors’ duties

7 Nothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act.

Marginal note:Electronic notice

8 Any document, other than a document referred to in subsection 173(3) or (4) or 183(3) or section 426 or subsection 498(1), and any information that is required by these Regulations to be in writing, may be delivered in hard copy or by electronic means.

PART 2General Requirements, Prohibitions and Safety Precautions

Marginal note:Overview

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

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

Requirements

Marginal note:Age restriction

10 A person must be at least 18 years old to carry out an Footnote ^*activity involving an explosive. However, this requirement does not apply to a person who acquires Footnote ^*small arms cartridges for their own personal use. It also does not apply when these Regulations provide for an exception.

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

Marginal note:Requirement that explosives be authorized

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

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

Prohibitions

Marginal note:Prohibited explosives

12 The following Footnote ^*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 Footnote ^*compatible with one another.

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

Marginal note:Sale or transfer

13 A person must not sell or otherwise transfer an Footnote ^*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.

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

Marginal note:Acquisition of restricted explosive

14 A person must not acquire an Footnote ^*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.

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

Marginal note:Performance-diminishing substance

15 A person must not carry out an Footnote ^*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.

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

Marginal note:Smoking

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

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

Marginal note:Alteration of markings

• 17 (1) A person must not alter, deface or obscure any printing or label on an Footnote ^*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.

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

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 Footnote ^*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.

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

Marginal note:Precautionary measures

20 A person who is carrying out an Footnote ^*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.

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