PART 3Authorization and Classification of Explosives (continued)
Marginal note:Changes to authorized explosive
37 (1) A person who has obtained the authorization of an Footnote *explosive must obtain the written permission of the Chief Inspector of Explosives before changing the explosive in a way that would render any of the following information inaccurate:
Marginal note:Permission given
(2) The Chief Inspector of Explosives must give permission if the proposed change would not affect the performance or classification of the explosive. The Chief Inspector must notify the holder in writing when permission is given.
Marginal note:Permission refused
(3) If permission is refused, the Chief Inspector must notify the holder in writing that permission is refused and that a new application for authorization is required.
(4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if
(a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;
(b) the UN number assigned to the explosives by the competent authority of the country of origin has not changed; and
(c) the Chief Inspector of Explosives has received a written notice of any change to the explosive.
- SOR/2018-231, s. 5.
Marginal note:Written notice
(2) The Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification.
Marginal note:Cancellation of authorization
(a) the person who obtained the authorization has not paid the applicable fee within 30 days after the date of an invoice from the Department of Natural Resources;
(c) the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed;
(d) the person who obtained the authorization requests the cancellation; or
(e) the manufacturer is no longer in business and the Chief Inspector has reasonable grounds to believe that the explosive is no longer in any person’s possession.
40 (1) If the authorization of an Footnote *explosive is cancelled because the explosive is no longer safe when Footnote *manufactured, handled, stored, transported, used or destroyed in the normal way, the Chief Inspector of Explosives must, by written notice, require any manufacturer, any importer and any seller of the explosive to recall any of the explosive that they have manufactured, imported or sold.
Marginal note:Bad batch or lot
(2) If a batch or lot of explosives cannot be safely handled, stored, transported, used or destroyed because of a manufacturing defect, the Chief Inspector of Explosives must, by written notice, require the manufacturer or importer and any seller of the batch or lot to recall it.
Marginal note:Duties upon recall
(3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a safe manner.
- SOR/2018-231, s. 6.
List of Authorized Explosives
Marginal note:Contents of list
(2) However, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive.
- SOR/2016-75, ss. 38, 39;
- SOR/2018-231, s. 44(F).
Marginal note:Removal from list
- SOR/2016-75, s. 38.
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