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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2022-08-08 and last amended on 2018-11-02. Previous Versions

TABLETests for Authorizing Explosives

  • 1 Tests for physical properties — including consistency, reaction rate, rate of moisture-absorption, tendency for separation, exudation, behaviour at both high and low temperatures, density and specific gravity

  • 2 Tests for chemical composition — including the determination of the percentage of each ingredient in the explosive

  • 3 Tests for stability — including the determination of the stability of the explosive by subjecting it to varying environmental conditions, such as high temperatures, that might produce spontaneous ignition of the explosive or a variation of its sensitivity

  • 4 Tests for ignition behaviour

  • 5 Tests to determine the potential for mass explosion in a fire

  • 6 Tests to determine whether ignition of an explosive article might ignite other explosive articles when stored or transported together

  • 7 Tests for mechanical sensitivity — including sensitivity to friction and impact

  • 8 Tests for sensitivity to electrostatic discharge

  • 9 Tests for sympathetic initiation and detonation

  • 10 Tests for velocity of detonation

  • 11 Tests for explosive strength

  • 12 Tests for or calculation of the composition of gases that evolve on explosion

  • 13 Performance tests

  • 14 Tests for minimum burning pressure

  • 15 Packaging tests

  • 16 Any other tests that are necessary for the purpose of authorizing an explosive

PART 4Importing and Exporting Explosives and Transporting Explosives in Transit

Marginal note:Overview

 This Part sets out

  • (a) the circumstances in which Footnote *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

  •  (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 Footnote *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 Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance).

  • SOR/2013-211, s. 500
  • SOR/2016-75, s. 38(E)
  • SOR/2018-231, s. 7(F)

No Permit Required

Marginal note:Import, export or transport in transit

 A person may import, export or transport in transit an Footnote *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 Footnote *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.

    TABLE

    ItemColumn 1Column 2
    ExplosiveQuantity
    1Model 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
    2Avalanche airbag systems3
    3Small arms cartridges — imported or exported5 000
    4Small arms cartridges — transported in transit50 000
    5Percussion caps (primers) for small arms cartridges — imported or exported5 000
    6Percussion caps (primers) for small arms cartridges — transported in transit50 000
    7Empty primed small arms cartridge cases — imported or exported5 000
    8Empty primed small arms cartridge cases — transported in transit50 000
    9Black powder and hazard category PE 1 black powder substitutes8 kg, in containers of 500 g or less
    10Smokeless powder and hazard category PE 3 black powder substitutes8 kg, in containers of 4 kg or less
  • SOR/2013-211, s. 501
  • SOR/2016-75, s. 5
  • SOR/2018-231, s. 8

Import Permits

Application

Marginal note:Application

  •  (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 Footnote *product name and UN number of each Footnote *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, Footnote *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.

  • SOR/2016-75, ss. 6, 39
  • SOR/2018-231, s. 44(F)

Requirements To Be Met by Import Permit Holder

Marginal note:Quantity of explosives and packaging

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

    • (a) the quantity of each Footnote *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 Footnote *manufacture and the shift during which it was manufactured, if any, or its lot number;

    • (c) its Footnote *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.

  • SOR/2016-75, ss. 7, 39
  • SOR/2018-231, ss. 9, 43, 44(F), 45(E)
 
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