Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-10-24 and last amended on 2016-04-15. Previous Versions

PART 20Restricted Components (continued)

Rules for Component Sellers and Product Sellers (continued)

Ammonium Nitrate (continued)

Marginal note:Record of sale

  •  (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.

  • SOR/2016-75, s. 39.

Marginal note:Shipping — vehicle

  •  (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.

Marginal note:Notice

 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

 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

  •  (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

  •  (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

  •  (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.

  • SOR/2016-75, ss. 38, 44(F).

Amendments to These Regulations

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 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Repeal

 [Repeals]

Coming into Force

Marginal note:February 1, 2014

  •  (1) Subject to subsections (2) and (3), these Regulations come into force on February 1, 2014.

  • Marginal note:February 1, 2015

    (2) The following provisions come into force on February 1, 2015:

    • (a) paragraphs 25(i) and (j);

    • (b) the definition secure storage site in subsection 44(1);

    • (c) sections 48 to 51;

    • (d) sections 174 to 185; and

    • (e) sections 499 to 501 and 506.

  • Marginal note:February 1, 2016

    (3) Sections 502 to 505, 507 and 508 come into force on February 1, 2016.

 
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