PART 10Military Explosives and Law Enforcement Explosives (continued)
Rules for Users
Marginal note:Acquisition — licensed user
210 (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
211 (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
212 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.
213 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 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 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
214 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.
215 A seller must store their industrial explosives in the magazine specified in their licence.
Marginal note:No display for sale
216 A seller must not display industrial explosives for sale.
Marginal note:Sale — authorized buyer
217 (1) A seller may sell industrial explosives only to a buyer who holds a licence or a manufacturing certificate or who is authorized by a competent provincial or territorial authority to store industrial explosives at a mine site or quarry.
Marginal note:Maximum quantity
(2) A seller must not sell more industrial explosives to a buyer than the buyer is authorized by their licence, certificate or provincial or territorial authorization to store.
Marginal note:Information on packaging
(2) Subsection (1) does not apply to
(a) the outer packaging or containers of explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container;
(b) containers holding explosives in bulk;
(c) intermediate bulk containers holding explosives in bulk; or
(d) plastic bags that meet the requirements of UN packaging code 5H4.
- SOR/2018-231, s. 28.
Marginal note:Record of sale
219 A seller must keep a record of each sale of industrial explosives for two years after the date of the sale. The record must include the following information:
(a) the buyer’s name and address;
(b) the number of the buyer’s licence, certificate or authorization;
(d) the quantity of explosives sold under each product name; and
(e) the date of the sale.
- SOR/2016-75, s. 39;
- SOR/2018-231, ss. 44(F), 45(E).
Marginal note:Reuse of packaging
Marginal note:Packaging — nitroglycerine-based explosive
(2) A seller must ensure that any packaging or container that has been used for a nitroglycerine-based explosive or any other explosive that is Footnote *manufactured from a liquid explosive is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied.
Marginal note:Packaging — in poor condition
(3) A seller must ensure that any packaging or container that is not in good condition when it is emptied of explosives is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit.
(4) Subsection (3) does not apply to intermediate bulk containers or containers holding explosives in bulk.
Rules for Users
221 A user may acquire and store industrial explosives if they hold a licence or a manufacturing certificate or are authorized by a competent provincial or territorial authority to store such explosives at a mine site or quarry. A user who acquires industrial explosives must comply with this Part.
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