PART 4Importing and Exporting Explosives and Transporting Explosives in Transit (continued)
In Transit Permits
50 An applicant for an in transit 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 address, telephone number, fax number and email address and the name of a contact person;
(d) if an explosive to be transported is not on the list of authorized explosives referred to in subsection 41(1), the name or product name of the explosive, a description of the explosive and its UN number;
(e) the quantity of each explosive to be transported or, if the application is for an annual permit, the estimated quantity of each explosive to be transported during the year;
(f) the name of the manufacturer of each explosive;
(g) the country of origin of each explosive;
(h) the anticipated dates of entry into and departure from Canada;
(i) the location of the Canadian port of entry and port of exit through which each explosive will pass;
(j) the location in Canada of secure storage sites that may be used if the transportation is interrupted and, if any of the sites is a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that might be stored there, the quantity of that explosive that is authorized by the licence to be stored;
(k) if any of the secure storage sites is a magazine that is owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine if an interruption in transportation occurs;
(l) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;
(m) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;
(n) 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
(o) the date of the application.
- SOR/2016-75, s. 39
- SOR/2018-231, ss. 10(F), 44(F), 45(E)
Requirements To Be Met by In Transit Permit Holder
Marginal note:Information on packaging
51 (1) A holder of an in transit permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each Footnote *explosive to be transported in transit:
Marginal note:Interruption of in transit transportation
(2) If anything interrupts an in transit transportation of explosives and, as a consequence, the explosives need to be stored, the holder of the in transit permit must ensure that they are stored in a licensed magazine, Footnote *storage unit or dwelling in accordance with these Regulations or at a secure storage site.
(3) A holder of an in transit 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 permit holder’s name, address, telephone number, fax number and email address;
(b) the holder’s permit number and its expiry date;
(c) the name or product name, the UN number and a description of each explosive that was transported in transit; and
(d) the quantity and UN number of each type of explosive that was transported in transit;
(e) the country of origin of each explosive;
(f) the means of transport used;
(g) the location of the Canadian port of entry and port of exit 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
(4) 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 transported in transit during the year for which the permit was valid.
Marginal note:Deadline — single use permit
(5) A holder of a single use permit must submit the report within 30 days after the date on which the explosives entered Canada.
- SOR/2016-75, s. 39
- SOR/2018-231, ss. 11, 44(F), 45(E)
PART 5Manufacturing Explosives
52 (1) This Part sets out the rules for manufacturing Footnote *explosives. However, it does not apply to the manufacture of Footnote *small arms cartridges or black powder cartouches for personal use or to repackaging under a vendor magazine licence.
Marginal note:Division 1
(2) Division 1 (sections 55 to 105) sets out how to obtain a division 1 factory licence or a satellite site certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the factory or satellite site.
Marginal note:Division 2
(3) Division 2 (sections 106 to 132) sets out how to obtain a division 2 factory licence or a manufacturing certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the workplace.
Marginal note:Division 3
(4) Division 3 (sections 133 to 142) sets out the manufacturing activities that do not require a factory licence or manufacturing certificate and the requirements for people who carry out those activities.
Definition of manufacturing
53 In this Part, manufacturing includes the following activities:
(c) altering or remaking an explosive substance or explosive article by modifying its chemical composition (for example, by gassing or blending) or by subjecting it to physical processes with the input of energy (for example, pneumatic handling, pumping, shearing or thickening);
(e) packaging explosives; and
(f) testing an unauthorized explosive or testing an explosive to assess its potential for a use other than its authorized use.
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