Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-10-24 and last amended on 2016-04-15. Previous Versions

PART 9Transporting Explosives (continued)

Transporting Explosives in a Means of Transport Other Than a Vehicle (continued)

Marginal note:Confirmation — shipper

  •  (1) Before delivering the Footnote *explosives to the carrier, the shipper must obtain confirmation from the intended recipient of the explosives that the explosives will be

    • (a) used on the same day they are delivered and Footnote *attended until they are used;

    • (b) stored in a factory magazine, licensed magazine, Footnote *storage unit or dwelling in accordance with these Regulations; or

    • (c) shipped immediately to the next recipient.

  • Marginal note:Confirmation — carrier

    (2) A carrier must not load explosives into a means of transport other than a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.

PART 10Military Explosives and Law Enforcement Explosives

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of military explosives (type D) and law enforcement explosives (type D) and sets out the rules for sellers and users.

Marginal note:Definitions

 The following definitions apply in this Part.

law enforcement agency

law enforcement agency means a police force, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi)

licence

licence means a licence that authorizes the storage of the military explosives or law enforcement explosives to be sold or acquired. (licence)

user

user means a person, or a law enforcement agency, that acquires military explosives or law enforcement explosives for use. (utilisateur)

  • SOR/2016-75, s. 23.

Rules for Sellers

Marginal note:Acquisition for sale

 A seller may acquire, store and sell military explosives or law enforcement explosives if they hold a licence. A seller who acquires military explosives or law enforcement explosives must comply with this Part.

Marginal note:Storage

  •  (1) A seller must store their military explosives and law enforcement explosives in the magazine specified in their licence.

  • Marginal note:No display for sale

    (2) A seller must not display military explosives or law enforcement explosives for sale.

Marginal note:Sale — licensed buyer

  •  (1) A seller may sell military explosives or law enforcement explosives only to a buyer who holds a licence.

  • Marginal note:Maximum quantity

    (2) A seller must not sell more military explosives or law enforcement explosives to a buyer than the buyer is authorized by their licence to store.

  • Marginal note:Sale — certain entities

    (3) Despite subsection (1), a seller may sell the following explosives to the following buyers even if the buyer is unlicensed:

    • (a) military explosives and law enforcement explosives to the Department of National Defence and to any armed forces cooperating with the Canadian Forces; and

    • (b) military explosives, hazard category PE 3 or PE 4, and law enforcement explosives, hazard category PE 3 or PE 4, to a police force operating in Canada.

Marginal note:Record of sale

 A seller must keep a record of every sale of military explosives or law enforcement explosives in a secure location for two years after the date of the sale. The record must include the following information:

  • (a) the name and address of the individual who bought the explosives and, if applicable, the name of the entity for which the explosives were acquired;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the Footnote *product name of each explosive sold and the name of the person who obtained its authorization;

  • (d) the quantity of explosives sold under each Footnote *product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39.

Rules for Users

Marginal note:Acquisition — licensed user

  •  (1) A user may acquire and store military explosives or law enforcement explosives if they hold a licence. A user who acquires military explosives or law enforcement explosives must comply with subsection (2).

  • Marginal note:Storage — licensed user

    (2) A user must store their military explosives and law enforcement explosives in the magazine specified in their licence.

Marginal note:Acquisition — exception

  •  (1) Despite subsection 210(1), a law enforcement agency may acquire and store military explosives, hazard category PE 3 or PE 4, or law enforcement explosives, hazard category PE 3 or PE 4, even if the agency is unlicensed. A law enforcement agency that acquires such explosives must comply with subsection (2).

  • Marginal note:Storage — exception

    (2) The explosives must be stored away from flammable substances and sources of ignition, in a manner that prevents them from being stolen and ensures that access to them is limited to people authorized by the law enforcement agency.

  • SOR/2016-75, s. 24.

PART 11Industrial Explosives

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of explosives that are used for industrial purposes and sets out the rules for sellers and users.

Marginal note:Definitions

 The following definitions apply in this Part.

industrial explosive

industrial explosive means the following types of explosive:

  • (a) E.1 — blasting explosives;

  • (b) E.2 — perforating explosives;

  • (c) E.3 — special-application explosives;

  • (d) I — initiation systems; and

  • (e) P.1 — black powder and hazard category PE 1 black powder substitutes, when they are used in mining, quarrying, construction or avalanche control. (explosif industriel)

licence

licence means a licence that is issued by the Minister and authorizes storage of the type of industrial explosive to be sold or acquired. (licence)

manufacturing certificate

manufacturing certificate means a certificate that authorizes the Footnote *manufacture and storage of the type of industrial explosive to be acquired or manufactured. (certificat de fabrication)

user

user means a person who acquires *industrial explosives for use or conveyance. (utilisateur)

  • SOR/2016-75, ss. 25, 38.

Rules for Sellers

Marginal note:Acquisition for sale

 A seller may acquire, store and sell industrial explosives if they hold a licence. A seller who acquires industrial explosives must comply with this Part.

 
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