Explosives Regulations, 2013

Version of section 6 from 2016-04-15 to 2020-06-17:


Definition of explosive

  •  (1) For the purposes of section 2 of the Explosives Act and these Regulations, explosive includes

    • (a) an Footnote *explosive substance or Footnote *explosive article that is not Footnote *manufactured or used to produce an explosion, detonation or pyrotechnic effect but is included in Class 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations;

    • (b) any substance numbered UN 1442, AMMONIUM PERCHLORATE as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations; and

    • (c) a multi-ingredient kit that is used to manufacture an explosive.

      Note: The term explosive is defined in section 2 of the Explosives Act as “any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations”.

  • Definition of military device

    (2) For the purposes of section 2 of the Explosives Act, military device means a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, perforator and any other explosive article that is manufactured exclusively for military or law enforcement purposes.

  • Marginal note:Definitions

    (3) The following definitions apply in these Regulations.

    activity involving an explosive

    activity involving an explosive means acquiring, possessing, selling, offering for sale, storing, Footnote *manufacturing, transporting, transporting in transit, importing, exporting or delivering an Footnote *explosive or using fireworks. (activité visant un explosif)

    attended

    attended means to be constantly monitored by a person and, unless these Regulations provide otherwise, includes monitoring by a person using electronic means. (surveillé)

    compatible

    compatible means, in relation to a material, that the material

    • (a) will not react chemically with an Footnote *explosive or raw material so as to affect the functioning of the explosive or raw material or to increase the likelihood of an ignition of the explosive or raw material; and

    • (b) will not be degraded by an explosive or raw material so as to affect its function or increase the likelihood of an ignition of the explosive or raw material. (compatible)

    decontaminate

    decontaminate means to completely remove, clean or purge an Footnote *explosive substance from a building, room, area, vehicle, equipment or container. (décontamination)

    explosive article

    explosive article means an article that contains one or more Footnote *explosive substances. (objet explosif)

    explosive substance

    explosive substance means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable, by chemical reaction, of producing a gas at a temperature, pressure and speed that is capable of causing damage to surrounding structures or infrastructure. It includes a substance — or a mixture of substances — that is designed to produce an effect of heat, light, sound, gas or smoke, or a combination of such effects, by means of a non-detonative self-sustaining exothermic chemical reaction, even if the substance or mixture does not produce a gas. (matière explosive)

    industrial explosive

    industrial explosive has the same meaning as in section 213. (explosif industriel)

    local authority

    local authority means, in relation to Footnote *special effect pyrotechnics or display fireworks, the municipal, provincial or territorial organization or office that has authority to authorize their use in a locality. (autorité locale)

    manufacturing

    manufacturing has the same meaning as in section 53. (fabriquer)

    product name

    product name means the trade name or part number of an explosive, or both in the case of an explosive that has both a trade name and a part number. (nom de produit)

    pyrotechnic event

    pyrotechnic event has the same meaning as in section 361. (activité pyrotechnique)

    small arms cartridge

    small arms cartridge has the same meaning as in subsection 268(1). (cartouches pour armes de petit calibre)

    special effect pyrotechnics

    special effect pyrotechnics has the same meaning as in section 361. (pièces pyrotechnique à effets spéciaux)

    storage unit

    storage unit means a building, structure, place or container in which Footnote *explosives are stored and that is not licensed. However, it does not include a dwelling or any structure, place or container in a dwelling. (unité de stockage)

    vendor magazine licence

    vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

    vulnerable place

    vulnerable place refers to

    • (a) any building in which people live, work or assemble;

    • (b) public roads, railways and other transportation infrastructure;

    • (c) pipelines and energy transmission lines; and

    • (d) any place where a substance that increases the likelihood of a fire or explosion is likely to be stored. (lieu vulnérable)

  • Marginal note:Exception

    (4) The definition manufacturing in subsection (3) does not apply in Part 20.

  • SOR/2013-211, s. 499
  • SOR/2016-75, s. 1
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