Explosives Regulations, 2013 (SOR/2013-211)

PART 4Importing and Exporting Explosives and Transporting Explosives in Transit

Marginal note:Overview

43 This Part sets out

• (a) the circumstances in which explosives may be imported, exported or transported in transit without a permit;

• (b) the information that a person must include in an application for a permit to import or export explosives or transport them in transit; and

• (c) the requirements that permit holders must meet, including the information that permit holders must provide to the Chief Inspector of Explosives after explosives are imported, exported or transported in transit.

Marginal note:Definitions

• 44 (1) The following definitions apply in this Part.

  annual permit

  annual permit means a permit for multiple importations, exportations or transportations in transit during a one-year period. (permis annuel)

  secure storage site

  secure storage site means a site at which the Minister or a province has authorized storage of the type and quantity of explosive that is to be transported in transit. (lieu de stockage sûr)

  single use permit

  single use permit means a permit for a single importation, exportation or transportation in transit. (permis à utilisation unique)

• Marginal note:Explosive quantity

  (2) A reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance).

No Permit Required

Marginal note:Import, export or transport in transit

45 A person may import, export or transport in transit an explosive set out in the table to this section without a permit if the following conditions are met:

• (a) the explosive is imported, exported or transported in transit for personal use and not for commercial purposes;

• (b) the explosive enters or leaves Canada with the person importing or exporting it or, if the explosive is transported in transit, it remains with the person transporting it at all times; and

• (c) in the case of small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device; and

• (d) the quantity of the explosive being imported, exported or transported in transit is not more than the quantity set out in the table.

  Item	Column 1	Column 2
  	Explosive	Quantity
  1	Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging)	6
  2	Avalanche airbag systems	3
  3	Small arms cartridges — imported or exported	5 000
  4	Small arms cartridges — transported in transit	50 000
  5	Percussion caps (primers) for small arms cartridges — imported or exported	5 000
  6	Percussion caps (primers) for small arms cartridges — transported in transit	50 000
  7	Empty primed small arms cartridge cases — imported or exported	5 000
  8	Empty primed small arms cartridge cases — transported in transit	50 000
  9	Black powder and hazard category PE 1 black powder substitutes	8 kg, in containers of 500 g or less
  10	Smokeless powder and hazard category PE 3 black powder substitutes	8 kg, in containers of 4 kg or less

Import Permits

Application

Marginal note:Application

• 46 (1) An applicant for an import permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

  • (a) the applicant’s name, address, telephone number, fax number and email address;

  • (b) if the applicant has a customs broker, the broker’s name, address, telephone number, fax number and email address and the name of a contact person;

  • (c) the product name and UN number of each explosive to be imported;

  • (d) the quantity of each explosive to be imported or, if the application is for an annual permit, the estimated quantity of each explosive to be imported during the year;

  • (e) the purpose for which each explosive is imported (personal, industrial or commercial use, reloading, field trial or other testing, sale, consignment, pyrotechnic event, fireworks display or other purpose);

  • (f) the name of the person who obtained the authorization of each explosive;

  • (g) the country of origin of each explosive;

  • (h) the location of the Canadian port of entry through which each explosive will pass;

  • (i) the address of the person to whom each explosive will be delivered and the location where it will be stored;

  • (j) in the case of an explosive to be stored in a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that will be stored there, the quantity of that explosive authorized by the licence to be stored;

  • (k) in the case of an explosive to be stored in a magazine owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine; and

  • (l) the date of the application.

• Marginal note:Fees for import permit

  (2) An applicant for an import permit must pay the applicable fees set out in Part 19.

Requirements To Be Met by Import Permit Holder

Marginal note:Quantity of explosives and packaging

• 47 (1) A holder of an import permit must ensure that the following requirements are met:

  • (a) the quantity of each explosive to be imported must not exceed the quantity of the explosive that the holder is authorized by a factory licence, a magazine licence or these Regulations to store; and

  • (b) the packaging in which each explosive is imported must conform to the description of the packaging set out in the explosive’s authorization.

• Marginal note:Information on explosives

  (2) A holder of an import permit must ensure that the following information is displayed on each explosive to be imported:

  • (a) the name and address of the person who obtained the explosive’s authorization;

  • (b) either the date of its manufacture and the shift during which it was manufactured, if any, or its lot number;

  • (c) its product name; and

  • (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

• Marginal note:Manner of displaying information

  (3) A holder of an import permit must ensure that the information

  • (a) is legibly printed on the explosive;

  • (b) is legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);

  • (c) is contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraph (a) and (b); or

  • (d) is legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

• Marginal note:Exception

  (4) Paragraph 2(d) does not apply in the case of fireworks that are imported for use at a special event, tour or international competition if the instructions are printed in a language understood by the person who will use the fireworks.

• Marginal note:Information on packaging

  (5) A holder of an import permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be imported:

  • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

  • (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

  • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

  • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

• Marginal note:Printing deadline

  (6) A holder of an import permit must ensure that the information to be printed on an explosive and its packaging is printed on them before the explosive is distributed and in any case no later than 15 days after the date on which the explosive is released under section 31 of the Customs Act.

• Marginal note:Report

  (7) A holder of an import permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

  • (a) the holder’s name, address, telephone number, fax number and email address;

  • (b) the holder’s permit number and its expiry date;

  • (c) the product name and UN number of each explosive that was imported and the name of the person who obtained its authorization;

  • (d) the quantity and UN number of each type of explosive;

  • (e) the country of origin of each explosive;

  • (f) the means of transport used;

  • (g) the location of the Canadian port of entry through which each explosive passed; and

  • (h) the date of the report and the name of the person who completed the report.

• Marginal note:Deadline — annual permit

  (8) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were imported during the year for which the permit was valid.

• Marginal note:Deadline — single use permit

  (9) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were imported.

• Marginal note:Exception

  (10) Subsections (7) to (9) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

Export Permit

Application

Marginal note:Application

48 An applicant for an export permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

• (a) the applicant’s name, address, telephone number, fax number and email address;

• (b) if the applicant has a freight forwarder, their name, address, telephone number, fax number and email address and the name of a contact person;

• (c) the product name and UN number of each explosive to be exported;

• (d) the quantity of each explosive to be exported or, if the application is for an annual permit, the estimated quantity of each explosive to be exported during the year;

• (e) the name of the person who obtained the authorization of each explosive;

• (f) the country of origin of each explosive;

• (g) the location of the Canadian port of exit through which each explosive will pass;

• (h) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;

• (i) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;

• (j) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and

• (k) the date of the application.