Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Responsibility of employee

476 An employee of a component seller must not sell a restricted component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

Ammonium Nitrate

Marginal note:Application

477 Sections 478 to 495 apply to ammonium nitrate.

Marginal note:Responsibilities of component seller and product seller

478 Every component seller must ensure that the requirements of sections 479 to 495 are met at each location where they store or sell ammonium nitrate. Every product seller must ensure that the requirements of sections 479 to 488 are met at each location where they store ammonium nitrate.

Marginal note:Authorized location

479 Ammonium nitrate may only be stored at 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:Notice

480 The local police force must be informed in writing of all locations where ammonium nitrate is to be stored or sold.

Marginal note:Locked structures

• 481 (1) Any structure that contains ammonium nitrate and every door, window or other point of access to a building in which ammonium nitrate is stored must be locked when the ammonium nitrate is not Footnote ^*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 ammonium nitrate is stored must be lit at all times outside business hours.

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

Marginal note:Security plan

482 The security plan of the component seller or the product seller, as the case may be, must be implemented and must be updated every 12 months.

Marginal note:Sign

• 483 (1) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where ammonium nitrate is stored.

• Marginal note:Access

  (2) Access to ammonium nitrate must be limited to people authorized by the component seller or product seller.

Marginal note:Employee list

484 A list of the employees who work at each location where ammonium nitrate is stored or sold must be kept at the location.

Marginal note:Verification

485 When ammonium nitrate is received,

• (a) the quantity of ammonium nitrate 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 ammonium nitrate is shipped and any signs of attempted theft 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 ammonium nitrate was bought must be informed of any signs of tampering or attempted theft and of any loss that is not attributable to normal operations; and

• (d) the cause of any loss of ammonium nitrate 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.

Marginal note:Stock management

• 486 (1) A stock management system must be put in place to account for all ammonium nitrate that is under the control of the component seller or product seller.

• Marginal note:Audit

  (2) An annual inventory audit of the ammonium nitrate must be performed.

• Marginal note:Weekly inspections

  (3) Weekly inspections of the ammonium nitrate 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 record is made.

Marginal note:Annual inventory

487 For each calendar year, an inventory must be submitted to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The inventory must be submitted no later than March 31 of the year following the year of the inventory and must include the following information:

• (a) the listing number of the component seller or product seller;

• (b) a record of the ammonium nitrate that sets out, for each location where ammonium nitrate is stored or sold,

  • (i) the starting inventory,

  • (ii) the quantity of ammonium nitrate that was manufactured,

  • (iii) the quantity of ammonium nitrate that was acquired and the manner of acquisition;

  • (iv) the quantity of ammonium nitrate that was used, sold, exported, destroyed, stolen or lost, as the case may be,

  • (v) the year-end inventory, and

  • (vi) the historical normal range of loss that is due to loss of water or mechanical abrasion; and

• (c) the name, address, telephone number, fax number and email address of the person who completed the form.

Marginal note:Theft or tampering

488 If any theft or attempted theft of, or tampering with, ammonium nitrate is discovered,

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

• (b) a written report of the incident must be submitted to the Chief Inspector of Explosives within 24 hours after the discovery.

Marginal note:No sale

• 489 (1) A sale of ammonium nitrate must be refused if

  • (a) the quantity requested is not proportional to the buyer’s needs; or

  • (b) the component seller or their employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

• Marginal note:Report

  (2) Every refusal to sell ammonium nitrate as a result of complying with subsection (1) or section 495 must, within 24 hours after the refusal, be reported to the Chief Inspector of Explosives and to the local police force.

Marginal note:Identification

490 Before ammonium nitrate is sold, the buyer must be required to establish their identity by providing

• (a) if the buyer intends to use the ammonium nitrate 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 ammonium nitrate, 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) proof of 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, or

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

Marginal note:Intermediary

491 Ammonium nitrate may be sold to a buyer who is unable to establish their identity in accordance with section 490 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

• 492 (1) A record of each sale of ammonium nitrate 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 490 and the document’s reference number;

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

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

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

  • (h) a description of how the ammonium nitrate will be used;

  • (i) if the ammonium nitrate was shipped, the driver’s licence number, the estimated and actual date of delivery, the address to which it is delivered and the quantity received; and

  • (j) if delivery was made at the time of purchase, a receipt signed by the buyer including the information required under paragraphs (a) and (b) and (d) to (h).

• 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:Exemption — records

  (4) This section does not apply if the quantity of ammonium nitrate sold is 1 kg or less.

  Note: This exception for small sales of ammonium nitrate applies only to the requirement to keep a record of sale.

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

Marginal note:Shipping — vehicle

• 493 (1) When more than 1 kg of ammonium nitrate is shipped by vehicle,

  • (a) each access point on the portion of the vehicle containing the ammonium nitrate must be locked or sealed with a security cable immediately after the shipment is loaded; and

  • (b) the driver of the vehicle must be provided with a written notice stating that

    • (i) the ammonium nitrate is to be Footnote ^*attended unless the vehicle is either parked in a secure location or the vehicle and load are locked,

    • (ii) the driver is to inspect all locks and, if seals are present, inspect all seals at each stop and at the final destination, and

    • (iii) the driver must immediately report to the component seller any signs of theft, attempted theft or tampering and any loss that is not attributable to normal operations.

• Marginal note:Shipping — train

  (2) When ammonium nitrate is shipped by rail,

  • (a) each access point on the rail car containing the ammonium nitrate must be locked or sealed with a security cable immediately after the shipment is loaded; and

  • (b) a means must be in place to track the shipment on a daily basis until delivery occurs and to investigate if the shipment does not arrive at its destination.

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

Marginal note:Notice

494 When ammonium nitrate is sold to a buyer who is not a component seller or product seller, the buyer must be provided with a written notice which states that

• (a) security measures are to be taken to prevent the theft of ammonium nitrate;

• (b) any sign of theft, attempted theft or tampering and any loss that is not attributable to normal operations must be immediately reported to the local police force; and

• (c) the resale of ammonium nitrate is prohibited.

Marginal note:Responsibility of employee

495 An employee of a component seller must refuse to sell ammonium nitrate if

• (a) the quantity requested is not proportional to the buyer’s needs; or

• (b) the employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

Suspension and Removal

Marginal note:Suspension

• 496 (1) If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend them from the component sellers list or product sellers list. The suspension continues until the component seller or product seller remedies the failure to comply.

• Marginal note:Removal

  (2) If a component seller or product seller fails to comply with the Explosives Act or these Regulations on more than one occasion, the Chief Inspector may remove them from the component sellers list or product sellers list.

Marginal note:Right to be heard

• 497 (1) Before suspending or removing a component seller or product seller from the component sellers list or product sellers list, the Chief Inspector of Explosives must provide them with written notice of the reasons for the suspension or removal and its effective date, and give them an opportunity to provide reasons why the listing should not be suspended or cancelled.

• Marginal note:Exception

  (2) However, a component seller or a product seller is suspended automatically and without notice if they fail to provide the annual inventory required under section 487.

Marginal note:Review

• 498 (1) Within 15 days after the date of suspension or removal from the component sellers list or product sellers list, a component seller or product seller may send the Minister a written request for review of the decision of the Chief Inspector of Explosives to suspend or remove.

• Marginal note:Minister’s decision

  (2) The Minister must confirm, revoke or amend the decision under review.