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 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 sells a restricted component. (vendeur de composant)

product seller

product seller means a person who manufactures a product, other than an explosive, for sale using a restricted component. (vendeur de produit)

sell

sell includes offer for sale. (vendre)

Marginal note:Chief Inspector’s delegate

456 The duties and functions of the Chief Inspector of Explosives that are set out in subsections 467(1) and 468(1), section 488, subsections 489(1), 500(1) and 501(1) and sections 514 and 515 may be performed by an inspector designated by the Chief Inspector.

Components

Marginal note:Prescribed components

457 The components set out in Tables 1 to 3 to this Part are prescribed for the purpose of the definition restricted component in section 2 of the Explosives Act.

DIVISION 1Tier 1 Requirements

Marginal note:Definition

458 In this Division, Tier 1 component means a restricted component set out in column 1 of Table 1 to this Part.

Authorized Sale and Acquisition

Marginal note:Sale

459 Only a person who is authorized by this Division may sell a Tier 1 component.

Marginal note:Acquisition

460 A Tier 1 component may be acquired for the purpose of manufacturing products, other than explosives, for sale only by a person who is authorized by this Division to acquire a component for that purpose.

Marginal note:Sale — use in laboratories

• 461 (1) Any person may sell a Tier 1 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 — component seller

  (2) A component seller may sell a Tier 1 component. The component seller must comply with this Division.

Marginal note:Acquisition — product seller

462 A product seller may acquire a Tier 1 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.

Component Sellers and Product Sellers List

Marginal note:Component sellers list

463 Only a component seller who is on the component sellers list referred to in subsection 467(1) is authorized to sell a Tier 1 component.

Marginal note:Application — component seller

• 464 (1) The component seller 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 component seller’s name, address, telephone number and email address;

  • (b) the Tier 1 components to be sold;

  • (c) the address of each location where a Tier 1 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 and email address of a contact person for each location where a Tier 1 component will be stored or sold.

• Marginal note:Security plan

  (2) The application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component 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 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 component, 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 the component 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 component will be used for a criminal purpose.

Marginal note:Product sellers list

465 Only a product seller who is on the product sellers list referred to in subsection 468(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 1 component.

Marginal note:Application — product seller

• 466 (1) The product seller 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 product seller’s name, address, telephone number and email address;

  • (b) the product name of products that will be manufactured using a Tier 1 component and that will be sold;

  • (c) a list of the Tier 1 components that will be used in manufacturing the products;

  • (d) the address of each location where a Tier 1 component will be stored and the storage capacity for each component at each location; and

  • (e) the name, address, telephone number and email address of a contact person for each location where a Tier 1 component will be stored.

• Marginal note:Security plan

  (2) The application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component 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 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 component, 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.

Marginal note:Listing of component seller

• 467 (1) If a component seller provides the information required by section 464, 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

• 468 (1) If a product seller provides the information required by section 466, 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

469 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

Marginal note:Responsibilities of component sellers and product sellers

470 Every component seller must ensure that the requirements set out in sections 471 to 487 are met at each location where they store or sell a Tier 1 component. Every product seller must ensure that the requirements set out in sections 471 to 480 are met at each location where they store a Tier 1 component.

Marginal note:Authorized location

471 A Tier 1 component can only be stored at or sold from a location that has been disclosed in an application or in the notice of change referred to in section 469.

Marginal note:Notice

472 The local police force must be informed in writing of all locations where a Tier 1 component is to be stored or sold.

Marginal note:Locked structures

• 473 (1) Any structure that contains a Tier 1 component and every door, window or other point of access to a building in which the component is stored must be locked when it is not attended.

• Marginal note:Key control plan

  (2) A key control plan must be prepared in writing and implemented.

• Marginal note:Lighting

  (3) All main entrances to a building in which a Tier 1 component is stored must be lit at all times outside business hours.

Marginal note:Security plan

474 The security plan of a component seller or product seller must be implemented and must be updated every 12 months.

Marginal note:Sign

• 475 (1) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a Tier 1 component is stored.

• Marginal note:Access

  (2) Access to a Tier 1 component must be limited to people authorized by the component seller or product seller.

Marginal note:Employee list

476 A list of the employees who work at each location where a Tier 1 component is stored or sold must be kept at that location.

Marginal note:Verification

477 When a Tier 1 component is received,

• (a) the quantity of the component that is received must be compared with the quantity that is recorded on the bill of lading;

• (b) any signs of tampering with the vehicle or rail car in which the component is shipped and any signs of attempted theft of that component must be recorded, and the record must be kept for two years after the date on which it is made;

• (c) the person from whom the component was bought must be informed of any signs of tampering or attempted theft and any loss that is not attributable to normal operations; and

• (d) the cause of any loss of the component that is not attributable to normal operations must be recorded, and the record must be kept for two years after the date on which it is made.