Explosives Regulations, 2013 (SOR/2013-211)

PART 20Restricted Components

Marginal note:Overview

454 This Part prescribes components of explosives for the purpose of the definition restricted component in section 2 of the Explosives Act, restricts the acquisition and sale of those components and sets out the requirements for their sale and storage.

Marginal note:Definitions

455 The following definitions apply in this Part.

component seller

component seller means a person who is included on the component sellers list. (vendeur de composants)

component sellers list

component sellers list means the list of component sellers that is compiled by the Chief Inspector of Explosives under subsection 462(1). (liste des vendeurs de composants)

product seller

product seller means a person who is included on the product sellers list.  (vendeur de produits)

product sellers list

product sellers list means the list of product sellers that is compiled by the Chief Inspector of Explosives under subsection 463(1). (liste des vendeurs de produits)

restricted component product

restricted component product means a product, other than an Footnote ^*explosive, that contains or is made from a restricted component. (produit de composant d’explosif limité)

sell

sell includes offer for sale. (vendre)

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

Components and Activities

Marginal note:Prescribed components

• 456 (1) The following components are prescribed for the purpose of the definition restricted component in section 2 of the Explosives Act:

  • (a) ammonium nitrate in solid form at a concentration of at least 28% nitrogen;

  • (b) hydrogen peroxide at a concentration of at least 30%;

  • (c) nitromethane, UN number 1261;

  • (d) potassium chlorate, UN number 1485;

  • (e) potassium perchlorate, UN number 1489;

  • (f) sodium chlorate in solid form, UN number 1495;

  • (g) nitric acid at a concentration of at least 75%;

  • (h) potassium nitrate, UN number 1486;

  • (i) potassium nitrate and sodium nitrate mixture, UN number 1499; and

  • (j) sodium nitrate in solid form, UN number 1498.

• Marginal note:Sale restricted

  (2) The components set out in subsection (1) may be sold only by a person who is authorized by this Part to sell restricted components.

• Marginal note:Acquisition restricted

  (3) The components set out in subsection (1) may be acquired for the purpose of manufacturing restricted component products for sale only by a person who is authorized by this Part to acquire restricted components for that purpose.

Authorized Sale and Acquisition

Marginal note:Sale — use in laboratories

• 457 (1) Any person may sell a restricted component for use in a laboratory that is part of or affiliated with

  • (a) a post-secondary educational institution recognized by a province;

  • (b) a hospital or health clinic; or

  • (c) a government or law enforcement agency.

• Marginal note:Sale

  (2) A component seller may sell a restricted component. A component seller who acquires a restricted component for sale must comply with this Part.

Marginal note:Acquisition — product sellers

458 A product seller may acquire a restricted component for the purpose of manufacturing restricted component products for sale. A product seller who acquires a restricted component must comply with this Part.

Marginal note:Acquisition — others

459 Any person may acquire a restricted component for a purpose other than manufacturing restricted component products for sale.

Component Sellers and Product Sellers Lists

Marginal note:Application — component seller

• 460 (1) An applicant for inclusion on the component sellers list 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 applicant’s name, address, telephone number, fax number and email address;

  • (b) the restricted components to be sold;

  • (c) the address of each location where a restricted component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and

  • (d) the name, address, telephone number, fax number and email address of a contact person for each location where a restricted component will be stored or sold.

• Marginal note:Security plan

  (2) If ammonium nitrate is to be sold, the application must also include a declaration that a security plan has been prepared for each location where ammonium nitrate will be stored or sold. The plan must include

  • (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and an indication of the title of the person who will be responsible for ensuring that each procedure is followed;

  • (b) a description of the measures to be taken to control access to the ammonium nitrate, including control of keys;

  • (c) a description of the measures to be taken to control access to sales records;

  • (d) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock; and

  • (e) a description of the measures to be taken to ensure that the sale of ammonium nitrate will be refused if the quantity requested is not proportional to the buyer’s needs or if the component seller or their employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

Marginal note:Application — product seller

• 461 (1) An applicant for inclusion on the product sellers list 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 applicant’s name, address, telephone number, fax number and email address;

  • (b) the Footnote ^*product name of each restricted component product to be sold;

  • (c) a list of the restricted components that will be used in manufacturing the products;

  • (d) the address of each location where a restricted component will be stored and the storage capacity for each component at each location; and

  • (e) the name, address, telephone number, fax number and email address of a contact person for each location where a restricted component will be stored.

• Marginal note:Security plan

  (2) If ammonium nitrate is to be stored, the application must include a declaration that a security plan has been prepared for each location where ammonium nitrate will be stored. The plan must include

  • (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and an indication of the title of the person who will be responsible for ensuring that each procedure is followed;

  • (b) a description of the measures to be taken to control access to the ammonium nitrate, including control of keys; and

  • (c) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock.

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

Marginal note:Listing of component seller

• 462 (1) If an applicant provides the information required by section 460, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.

• Marginal note:Duration of listing

  (2) A listing is effective for five years after the date that is set out in the document.

Marginal note:Listing of product seller

• 463 (1) If an applicant provides the information required by section 461, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.

• Marginal note:Duration of listing

  (2) A listing is effective for five years after the date that is set out in the document.

Marginal note:Notice of change

464 Every component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

Rules for Component Sellers and Product Sellers

Restricted Components Other Than Ammonium Nitrate

Marginal note:Application

465 Sections 466 to 476 apply to all restricted components except ammonium nitrate.

Marginal note:Responsibilities of component seller and product seller

466 Every component seller must ensure that the requirements of sections 467 to 476 are met at each location where they store or sell a restricted component. Every product seller must ensure that the requirements of sections 467 to 471 are met at each location where they store a restricted component.

Marginal note:Authorized location

467 A restricted component may only be stored in or sold from a location that has been disclosed in an application or in a notice of change referred to in section 464.

Marginal note:Components to be locked up

• 468 (1) A restricted component must be locked up when it is not Footnote ^*attended.

• Marginal note:Sign

  (2) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a restricted component is stored.

• Marginal note:Access

  (3) Access to a restricted component must be limited to people authorized by the component seller or product seller, as the case may be.

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

Marginal note:Employee list

469 A list of the employees who work at each location where a restricted component is stored or sold must be kept at the location.

Marginal note:Stock management

• 470 (1) A stock management system must be put in place to account for all restricted components that are under the control of the component seller or product seller.

• Marginal note:Weekly inspection

  (2) Weekly inspections of the restricted components must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the date on which the record is made.

Marginal note:Theft or tampering

471 If any theft or attempted theft of, or any tampering with, a restricted component is discovered,

• (a) the local police force must be informed immediately;

• (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and

• (c) a written report of the incident must be submitted to the Chief Inspector as soon as the circumstances permit.

Marginal note:No sale

• 472 (1) The sale of a restricted component must be refused if the seller has reasonable grounds to suspect that the component will be used for a criminal purpose.

• Marginal note:Report

  (2) Every refusal to sell a restricted component as a result of complying with subsection (1) or section 476 must, within 24 hours after the refusal, be reported to the Chief Inspector of Explosives and to the local police force.

Marginal note:Identification

473 Before a restricted component is sold, the buyer must be required to establish their identity by providing

• (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate;

• (b) if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; and

• (c) in all other cases,

  • (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer,

  • (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address,

  • (iii) the buyer’s provincial pesticide licence,

  • (iv) proof of the buyer’s Canadian Wheat Board identification number,

  • (v) proof of the buyer’s Producteur Agricole number,

  • (vi) proof of the buyer’s Ontario Federation of Agriculture number,

  • (vii) the buyer’s business licence or proof of the buyer’s corporate registration, or

  • (viii) proof of the buyer’s registration under the Controlled Goods Regulations.

Marginal note:Intermediary

474 A restricted component may be sold to a buyer who is unable to establish their identity in accordance with section 473 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number.

Marginal note:Record of sale

• 475 (1) A record of each sale of a restricted component must be kept for two years after the date of the sale. The record must include the following information and documents:

  • (a) the buyer’s name, address and telephone number;

  • (b) the date of the sale;

  • (c) the bill of lading, sales receipt or similar document;

  • (d) the type of document provided under section 473 and the document’s reference number;

  • (e) the Footnote ^*product name and quantity of the component sold;

  • (f) an indication of whether the component was sold in bulk or in packages;

  • (g) if the component was sold in packages, the weight or volume of each package;

  • (h) a description of how the component will be used; and

  • (i) if the component was shipped, the date of reception and the quantity received.

• Marginal note:Annual sales contract

  (2) In the case of a component seller who has entered into an annual sales contract with a buyer, the information required under paragraphs (1)(d) and (h) need only be recorded once in each calendar year.

• Marginal note:Access

  (3) The record of sale must be kept locked up when it is not being used and must be made available only to a person who needs access to it in the course of their employment.

• Marginal note:Exception

  (4) This section does not apply to a sale of the following restricted components if the quantity sold is no more than the quantity set out below:

  • (a) hydrogen peroxide, 1 L;

  • (b) nitromethane, 1 L;

  • (c) potassium chlorate, 1 kg;

  • (d) potassium perchlorate, 10 kg;

  • (e) sodium chlorate, 1 kg;

  • (f) nitric acid, 4 L;

  • (g) potassium nitrate, 25 kg; and

  • (h) sodium nitrate, 25 kg.

  Note: This exception for small sales of restricted components applies only to the requirement to keep records of sales.

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