Explosives Regulations, 2013 (SOR/2013-211)

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.

Marginal note:Issuance of document

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

DIVISION 2Approval Letters

Requirements for Holders of a Licence, Permit or Certificate

Marginal note:Approval letter required

• 178 (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.

Marginal note:Access prevented

• 179 (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.

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

Marginal note:Visitors

180 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.