Explosives Regulations, 2013

Marginal note:Issuance of document

• 177 (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2) or the applicant has an equivalent document, the Minister may issue or renew the licence, permit or certificate.

• Marginal note:Refusal

  (2) The Minister must refuse to issue or renew the licence, permit or certificate and must give the applicant written notice of the refusal and the reason for the refusal, if the criminal record check reveals any of the following circumstances:

  • (a) the applicant is subject to a court order prohibiting them from possessing an Footnote ^*explosive;

  • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences:

    • (i) an indictable offence under the Explosives Act,

    • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

    • (iii) an offence under any of the following provisions of the Criminal Code:

      • (A) section 80 (breach of duty),

      • (B) section 81 (using explosives),

      • (C) section 82 (possession of explosives without lawful excuse),

      • (D) subsection 235(1) (first and second degree murder),

      • (E) subsection 239(1) (attempted murder),

      • (F) subsection 431.2(2) (explosive or other lethal device),

      • (G) section 436.1 (possession of incendiary material), or

    • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

      • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

      • (B) an offence under section 264 of the Criminal Code (criminal harassment).

• Marginal note:Request for review

  (3) An applicant may, within 30 days after the date on which they receive a notice of refusal, send the Minister written information or documents to establish that the information on which the refusal was based is incorrect.

• Marginal note:Disposition on review

  (4) After reviewing the new information or documents, the Minister must

  • (a) issue or renew the licence, permit or certificate if the information on which the refusal was based is incorrect; or

  • (b) give the applicant written notice of the refusal and the reasons for the refusal if the information on which it was based is correct.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.