CONSOLIDATION

Explosives Regulations, 2013

SOR/2013-211

Current to June 20, 2022 Last amended on November 2, 2018



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 2, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on November 2, 2018

TABLE OF PROVISIONS Explosives Regulations, 2013

PART 1

Introduction 1

Overview

Notes

Asterisks

Scheme of Regulations

Application of Regulations

Definition of explosive

Inspectors’ duties

Electronic notice

PART 2

General Requirements, Prohibitions and Safety Precautions 9

Overview

Requirements 10

Age restriction

Requirement that explosives be authorized

Prohibitions 12

Prohibited explosives

Sale or transfer

Acquisition of restricted explosive

Performance-diminishing substance

Smoking

Alteration of markings

False information

Safety Precautions 19

Knowledge of activity

Precautionary measures

Limiting access to explosives

Use of fireworks

Current to June 20, 2022 Last amended on November 2, 2018

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PART 3

Authorization and Classification of Explosives 23

Overview

Chief Inspector’s delegate

Authorization Not Required 25

Exemption from authorization

Application for Authorization 26

Period of authorization

Applicant

Application for indefinite period

Application for specified period

Application for specified period — other activities

Fees

Authorization 32

Authorization for indefinite period

Authorization for specified period

Sample required

Notice

Classification of Explosives 36

Classification of authorized explosives

Authorized Explosives 37

Changes to authorized explosive

Reclassification

Cancellation of authorization

Recall

List of Authorized Explosives 41

Contents of list

Removal from list

TABLE

Tests for Authorizing Explosives

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PART 4

Importing and Exporting Explosives and Transporting Explosives in Transit 43

Overview

Definitions

No Permit Required 45

Import, export or transport in transit

Import Permits Application 46

Application

Requirements To Be Met by Import Permit Holder 47

Quantity of explosives and packaging

Export Permit Application 48

Application

Requirements To Be Met by Export Permit Holder 49

Information on packaging

In Transit Permits Application 50

Application

Requirements To Be Met by In Transit Permit Holder 51

Information on packaging

PART 5

Manufacturing Explosives 52

Overview

Definition of manufacturing

Explosive quantity

DIVISION 1

Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate Interpretation 55

Definitions — sites and authorizations

Definitions — facilities

Definitions — people

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SUBDIVISION A Authorized Activities 58

Manufacture of explosives

Acquisition, storage and sale of explosives

SUBDIVISION B Application 60

Information

Fees

SUBDIVISION C Requirements for Holders of Division 1 Factory Licences Facilities at Factories and Satellite Sites 62

Responsibilities of licence holder

Acceptable distance requirement

Equipment

Containers

Process unit records

Thunderstorms

Maintenance

Signs 69

Responsibilities of licence holder

Signs

Exterior signs — process units and factory magazines

Interior signs — raw material storage facilities

Labelling 73

Responsibilities of licence holder

Information on explosives

Safety of Workers and Visitors 75

Responsibilities of licence holder

Access

Lists of personal protective equipment

Performance-diminishing substance

No smoking

Training 80

Responsibilities of licence holder

Employees’ qualifications

Training program

Certification

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Training and supervision

Operation of the Factory or Satellite Site 85

Responsibilities of licence holder

Operating procedures

Management of change

Security plan

Audits

Records

Copy — licence and certificates

Mobile Process Units 92

Responsibilities of licence holder

Structural requirements

Foreign matter

Unit unused

Operating procedures

Process unit records

Maintenance

Use at client site

Packaging at satellite or client site

SUBDIVISION D Requirements for Workers, Visitors and Other People Factory and Satellite Site 101

Authorization to enter

Personal protective equipment

Precautions

Worker qualifications

Client Sites 105

Performance-diminishing substance

DIVISION 2

Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate Interpretation 106

Definitions

SUBDIVISION A Authorized Activities 107

Authorized activities

Acquisition

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SUBDIVISION B Application 109

Application for licence or certificate

SUBDIVISION C Requirements for Holders Workplace 110

Responsibilities of holder

Means of escape

Compatibility

Activities prohibited

Maintenance

Warning sign

Labelling 116

Responsibilities of holder

Information displayed on explosives

Safety of People at the Workplace 118

Responsibilities of holder

Supervision

Personal protective equipment

Responsibilities of certificate holder

Qualifications

Record

Knowledge

Knowledge of the Workplace

Management of the Workplace 125

Responsibilities of holder

Operating procedures

Records

Copy — licence or certificate

SUBDIVISION D Requirements for People at a Workplace 129

Visitors

Personal protective equipment

No smoking

Qualifications

DIVISION 3

Manufacturing that Does Not Require a Licence or Certificate 133

Restriction

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Experiments

Assembling explosives for use

135.1

Christmas crackers

Underground activities

Pneumatic transfer of explosives

Multi-ingredient kits

Spills or accidents

Emergency response assistance plan

Industrial explosives

Destruction

PART 6

Magazine Licences and Storage in a Licensed Magazine 143

Overview

Definitions

Application 145

Application for magazine licence

Requirements for Holders of Magazine Licences 146

Responsibilities of licence holder

Acceptable distance requirement

Structural requirements

Authorized storage

Stacking

Fire prevention

Prohibited activities

Unlocked magazine

Fire safety plan

Site security plan

Storage record

Maintenance of magazine

Repairs to magazine

Interior sign

Deteriorated explosives

Person in possession of key

Requirements for Holders of User Magazine Zone Licences 162

Notice of change of site

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Copy of licence and notice

PART 7

Provisions of General Application 164

Overview

Terms and Conditions 165

Authorized activities

Presentation of licence, permit or certificate

Fire

Destruction of explosives

Decommissioning plan — factory

Annual report

Suspension of activity

Amendment and Renewal 172

Amendment or renewal with amendment

Suspension and Cancellation 173

Suspension

PART 8

Screening 174

Overview

Definitions

DIVISION 1

Application for Licence, Permit or Certificate 176

Approval letter or equivalent document

Issuance of document

DIVISION 2

Approval Letters Requirements for Holders of a Licence, Permit or Certificate 178

Approval letter required

Access prevented

Visitors

Exception — peace officers, etc.

Application for Approval Letter 182

Application

Issuance of letter

Period of validity

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Copy of letter

PART 9

Transporting Explosives 186

Overview

Definitions

Explosive quantity

Driver who is not a carrier

Exemption of Certain Explosives 190

List of explosives

Transporting Explosives in a Vehicle 191

Vehicle requirements

Detonators

Sound mechanical condition

Loading and unloading

Confirmation — shipper

Age of driver

Obtaining assistance

Tracking and communication systems

Vehicle attended

Overnight parking

Accidents and incidents

Transporting Explosives in a Means of Transport Other Than a Vehicle 202

Loading and unloading

Confirmation — shipper

203.1

Transportation by vessel

PART 10

Military Explosives and Law Enforcement Explosives 204

Overview

Definitions

Rules for Sellers 206

Acquisition for sale

Storage

Sale — licensed buyer

Record of sale

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Rules for Users 210

Acquisition — licensed user

Acquisition — exception

PART 11

Industrial Explosives 212

Overview

Definitions

Rules for Sellers 214

Acquisition for sale

Storage

No display for sale

Sale — authorized buyer

Information on packaging

Record of sale

Reuse of packaging

Rules for Users 221

Acquisition

Information on packaging

Storage

Reuse of packaging

PART 12

Blank Cartridges for Tools 225

Overview

Definitions

DIVISION 1

Rules for Sellers Acquisition for Sale 227

Distributor and retailer

Storage 228

Licensed seller

No display for sale

Storage requirements — dwelling

Sale 232

Maximum quantity — licensed buyer

Retailer

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DIVISION 2

Rules for Users 234

Acquisition

Storage — licensed user

Storage requirements — dwelling

PART 13

Special Purpose Explosives 238

Overview

Definitions

Explosive quantity

DIVISION 1

Low-hazard Special Purpose Explosives 241

Definition of licence

Rules for Sellers Acquisition for Sale 242

Distributor

Storage 243

Licensed seller

Display for sale

Maximum quantity

Storage requirements — storage unit

Sale 247

No sale from dwelling

Maximum quantity — licensed buyer

Retailer

Record of sale

Rules for Users 251

Acquisition

Storage — licensed user

Maximum quantity

Storage requirements — dwelling

DIVISION 2

High-hazard Special Purpose Explosives 255

Definition of licence

Rules for Sellers Acquisition for Sale and Storage 256

Acquisition for sale

Storage

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Display for sale

Sale 259

Maximum quantity — licensed buyer

Retailer

Record of sale

Rules for Users 262

Acquisition

Storage — licensed user

Maximum quantity

Storage requirements — storage unit

DIVISION 3

Marine Flares 266

Disposal plan

PART 14

Small Arms Cartridges, Propellant Powder and Percussion Caps 267

Overview

Definitions

Quantity of cartridges, powder or cartouches

DIVISION 1

Small Arms Cartridges 270

Definitions

Rules for Sellers Acquisition for Sale 271

Distributor

Storage 272

Licensed seller

Attendance

Maximum quantity

Storage requirements — dwelling

Sale 276

Maximum quantity — licensed buyer

Retailer

Rules for Users 278

Acquisition

Storage — licensed user

Maximum quantity

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Storage requirements — dwelling

DIVISION 2

Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches 282

Definitions

Rules for Sellers Acquisition for Sale 283

Distributor

Storage 284

Licensed seller

Unlicensed retailer

Display for sale — propellant powder

Place of storage

Storage requirements — dwelling

Transfer of powder

Sale 290

Notification of Chief Inspector

Original packaging

Maximum quantity — licensed buyer

Retailer

Identification

Record of sale

Rules for Users Acquisition 296

Acquisition

Storage 297

Licensed user

Unlicensed user

Percussion caps

Maximum quantity

Detached dwellings

Other dwellings — smokeless powder

Detached storage unit

Storage requirements — dwelling

Manufacture 305

Age

Current to June 20, 2022 Last amended on November 2, 2018

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PART 15

Model and High-Power Rocket Motors 306

Overview

Definitions

Quantity of motors and kits

DIVISION 1

Model Rocket Motors 309

Motor rockets, kits and igniters

Rules for Sellers Acquisition for Sale 310

Distributor

Storage 311

Licensed seller

Display for sale prohibited

Consumer packs

Maximum quantity

Storage requirements — dwelling

Sale 316

Maximum quantity — licensed buyer

Retailer

Rules for Users 318

Acquisition

Storage — licensed user

Maximum quantity

Storage requirements — dwelling

DIVISION 2

High-power Rocket Motors 322

Motor rockets, kits and igniters

Rules for Sellers Acquisition for Sale and Storage 323

Acquisition for sale

Storage

No display for sale

Sale 326

Maximum quantity — licensed buyer

Retailer

Record of sale

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Rules for Users 329

Acquisition

Storage — licensed user

Maximum quantity — dwelling

Storage requirements — dwelling

Attendance

PART 16

Consumer Fireworks 334

Overview

Definitions

Consumer fireworks quantity

Prohibition on use

DIVISION 1

Rules for Sellers Acquisition for Sale 338

Distributor

Sales Establishment 339

No sale from dwelling

Unobstructed exits

Retail sales establishment

Storage 342

Storage — licence holder

Handling

Non-aerial fireworks

Adequate consumer pack

Requirements for display

Exception

Maximum quantity

Storage requirements — storage unit

Sale 350

Maximum quantity — licensed buyer

Retailer

Copy of rules

Record of sale

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DIVISION 2

Rules for Users Acquisition and Storage 354

Acquisition

Storage — licensed user

Maximum quantity — dwelling

Storage requirements — dwelling

Use 358

Instructions

User under 18 years old

PART 17

Special Effect Pyrotechnics 360

Overview

Definitions

Pyrotechnics quantity

Prohibition on use

DIVISION 1

Rules for Sellers Acquisition for Sale and Storage 364

Acquisition

Storage

No display for sale

Transfer of powder

Sale 368

Certificate required

Maximum quantity — licensed buyer

Identification

Record of sale

DIVISION 2

Rules for Users and Other Acquirers SUBDIVISION A Users without a Licence or Certificate Flash Cotton, Flash Paper, Flash String and Sparkle String 372

Acquisition

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Storage

Maximum quantity

Percussion Caps and Propellant Powder Used in Historical Re-enactments 375

Acquisition

Storage

Percussion caps

Detached dwellings or site of use

Other dwellings — smokeless powder

Detached storage unit

Pyrotechnics Used in Student Training 381

Student in training

Storage 382

Storage requirements — dwelling

Storage — site of use

Use 384

Instructions

SUBDIVISION B Other Acquirers Without a Certificate 385

License holder

SUBDIVISION C Users with a Certificate Fireworks Operator Certificates 386

Types of certificate

Qualifications to Obtain a Certificate 387

Pyrotechnician

Application 388

Application for certificate — pyrotechnician

Acquisition and Storage 389

Acquisition

Storage — licensed user

Storage — unlicensed user

Maximum quantity

Smokeless powder

Detached dwelling

Other dwellings — smokeless powder

Detached storage unit

Storage requirements — dwelling

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Explosives Regulations, 2013 TABLE OF PROVISIONS

Use 399

Pyrotechnician and visitor pyrotechnician

Senior pyrotechnician

Special effects pyrotechnician

Supervision of a Pyrotechnic Event 402

Pyrotechnician in charge

Plan

Danger zone

Fire prevention and first aid

Instructions

Firing unit disconnected

Logbook of events

Record of licence holder

PART 18

Display Fireworks 410

Overview

Definitions

Quantity of display fireworks

Use prohibited

DIVISION 1

Display Fireworks 414

Definition of fireworks

SUBDIVISION A Rules for Sellers Acquisition for Sale and Storage 415

Acquisition

Storage

No display for sale

Sale 418

Authorized buyers

Maximum quantity — licensed buyer

Record of sale

SUBDIVISION B Rules for Users Fireworks Operator Certificates 421

Types of certificates

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Qualifications to Obtain a Certificate 422

Display assistant

Application 423

Applying for certificate

Acquisition and Storage 424

Acquisition

Storage — licence holder

Storage — display supervisor in charge

Storage requirements — storage unit

Use 428

Display assistant and display visitor

Display supervisor

SUBDIVISION C Supervision of a Fireworks Display 430

Definition of firing site

Display supervisor in charge

Plan

Fireworks to be attended

Danger zone

Fire prevention and first aid

Firing procedures

Firing unit disconnected

Record of use

Record of licence holder

DIVISION 2

Firecrackers SUBDIVISION A Rules for Sellers 440

Sale

Record of sale

Unused or misfired firecrackers

SUBDIVISION B Rules for Users Firecracker Use Certificate 443

Certificate

Application for certificate

Acquisition and Storage 445

Acquisition

Storage — licensed user

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Maximum quantity

Storage requirements — dwelling

Use 449

Approval required

PART 19

Fees 450

Overview

Definitions

NEQ

Fees

PART 20

Restricted Components 454

Overview

Definitions

Components and Activities 456

Prescribed components

Authorized Sale and Acquisition 457

Sale — use in laboratories

Acquisition — product sellers

Acquisition — others

Component Sellers and Product Sellers Lists 460

Application — component seller

Application — product seller

Listing of component seller

Listing of product seller

Notice of change

Rules for Component Sellers and Product Sellers Restricted Components Other Than Ammonium Nitrate 465

Application

Responsibilities of component seller and product seller

Authorized location

Components to be locked up

Employee list

Stock management

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Theft or tampering

No sale

Identification

Intermediary

Record of sale

Responsibility of employee

Ammonium Nitrate 477

Application

Responsibilities of component seller and product seller

Authorized location

Notice

Locked structures

Security plan

Sign

Employee list

Verification

Stock management

Annual inventory

Theft or tampering

No sale

Identification

Intermediary

Record of sale

Shipping — vehicle

Notice

Responsibility of employee

Suspension and Removal 496

Suspension

Right to be heard

Review

Amendments to These Regulations Repeal Coming into Force 510

February 1, 2014

Current to June 20, 2022 Last amended on November 2, 2018

xx

Registration SOR/2013-211

November 27, 2013

EXPLOSIVES ACT Explosives Regulations, 2013 P.C. 2013-1283

November 26, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 5a of the Explosives Actb, makes the annexed Explosives Regulations, 2013.

a

S.C. 2004, c. 15, s. 37

b

R.S., c. E-17

Current to June 20, 2022 Last amended on November 2, 2018

PART 1

Introduction Overview 1 This Part sets out the scheme and application of these

Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”. Finally, it explains the function of the notes and asterisks that are used in the Regulations. Note: Section 29 of the Explosives Act states that “Nothing in the Act relieves any person . . . of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives. . . .”

Notes 2 The notes that appear beneath some provisions do not

form part of these Regulations but are included for convenience only. Asterisks 3 When a term that is defined in section 6 is used in these Regulations, an asterisk appears in front of the term the first time that it is used in a section.

Scheme of Regulations 4 (1) These Regulations are divided into 20 Parts. Some

Parts apply to all *explosives and some apply only to specific types of explosive. The final Part applies to restricted components.

General requirements, prohibitions and safety precautions (2) Part 2 sets out the general requirements, prohibitions and safety precautions that apply to every person who is carrying out an *activity involving an explosive or is in the vicinity of an explosive.

Authorization and classification of explosives (3) Part 3 indicates how to obtain an authorization of an explosive, how an authorized explosive is classified, how to obtain permission to change an authorized explosive,

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Explosives Regulations, 2013 PART 1 Introduction Section 4

when an authorization may be cancelled and when an authorized explosive must be recalled.

Importing and exporting explosives and transporting explosives in transit (4) Part 4 indicates how to obtain a permit to import or

export explosives or to transport them in transit and sets out the requirements for carrying out those activities.

Manufacturing explosives (5) Part 5 indicates how to obtain a factory licence or

manufacturing certificate and sets out the circumstances in which explosives may be *manufactured without a licence or certificate. It also sets out the requirements for manufacturing explosives. Magazine licences and storage in licensed magazine (6) Part 6 indicates how to obtain a magazine licence and

sets out the requirements for storing explosives in a licensed magazine. Provisions of general application (7) Part 7 sets out the terms and conditions that apply to

all holders of licences, permits and certificates, indicates how to obtain an amendment or renewal and sets out the circumstances in which a licence, permit or certificate may be suspended or cancelled. Screening (8) Part 8 sets out the screening and supervision requirements that apply to people who have, or could have, access to high risk explosives. Transporting explosives (9) Part 9 sets out the requirements for transporting explosives, including transporting them in transit. Particular types of explosives (10) Parts 10 to 15 set out the requirements for the acquisition, storage and sale of the following types of explosives: (a) military explosives and law enforcement explosives – Part 10; (b) *industrial explosives – Part 11; (c) blank cartridges for tools – Part 12; (d) special purpose explosives – Part 13;

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Explosives Regulations, 2013 PART 1 Introduction Sections 4-5

(e) small arms cartridges, propellant powder and percussion caps – Part 14; and (f) model and high power rocket motors – Part 15.

Part 14 also authorizes, and sets out requirements for, the manufacture of small arms cartridges and black powder cartouches. Types of pyrotechnics (11) Parts 16 to 18 set out the requirements for the acquisition, storage, sale and use of the following types of fireworks: (a) consumer fireworks – Part 16; (b) *special effect pyrotechnics – Part 17; and (c) display fireworks, including firecrackers – Part 18.

Parts 17 and 18 also indicate how to obtain a fireworks operator certificate.

Fees (12) Part 19 sets out the fees to be paid for obtaining an

authorization, permit, licence or certificate.

Restricted components (13) Part 20 restricts the sale and acquisition of certain

components of explosives and sets out requirements for their sale and storage. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 37.

Application of Regulations 5 (1) These Regulations apply to all *explosives except

the following, to which only Part 5 applies: (a) safety and strike-anywhere matches; (b) life-saving devices (for example, signals, flares and

parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment that is necessary for its safe operation or for the safety of its occupants; (c) explosives classified as UN 3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations; (d) explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for

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Explosives Regulations, 2013 PART 1 Introduction Sections 5-6

example, 1H-tetrazole), training kits for sniffer dogs and kits to test the functioning of machines that detect trace levels of explosives; and (e) Christmas crackers containing less than 2 mg of *

explosive substance.

Exemption from Explosives Act (2) Paragraphs 6(b) to (d) and subsections 9(2) and (3) of

the Explosives Act do not apply to the explosives set out in subsection (1). Exemption from Act (3) Paragraph 6(e) and section 20 of the Explosives Act

do not apply to the explosives set out in paragraphs (1)(a), (b), (d) and (e). Exemption from Act (4) Section 21 of the Explosives Act applies to the explosives set out in subsection (1) only in respect of the activities referred to in paragraph 6(a) of that Act, and to the explosives set out in paragraph 1(c) only in respect of the activities referred to in paragraph 6(e) of that Act. Explosives under control of allied armed forces (5) Explosives that are under the control of any armed

forces that are cooperating with the Canadian Forces are deemed to be under the direction or control of the Minister of National Defence. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 1.

Definition of explosive 6 (1) For the purposes of section 2 of the Explosives Act and these Regulations, explosive includes (a) an *explosive substance or *explosive article that is

not *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,

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Explosives Regulations, 2013 PART 1 Introduction Section 6

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.

Definitions (3) The following definitions apply in these Regulations.

activity involving an explosive means acquiring, possessing, selling, offering for sale, storing, *manufacturing, transporting, transporting in transit, importing, exporting or delivering an *explosive or using fireworks. (activité visant un explosif) 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 means, in relation to a material, that the material (a) will not react chemically with an *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 means to completely remove, clean or purge an *explosive substance from a building, room, area, vehicle, equipment or container. (décontamination) explosive article means an article that contains one or more *explosive substances. (objet explosif) 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

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Explosives Regulations, 2013 PART 1 Introduction Section 6

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 has the same meaning as in section 213. (explosif industriel) local authority means, in relation to *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 has the same meaning as in section 53. (fabriquer) 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 has the same meaning as in section 361. (activité pyrotechnique) small arms cartridge has the same meaning as in subsection 268(1). (cartouches pour armes de petit calibre) special effect pyrotechnics has the same meaning as in section 361. (pièces pyrotechnique à effets spéciaux) storage unit means a building, structure, place or container in which *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 has the same meaning as in section 144. (licence de poudrière (vendeur)) 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)

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Explosives Regulations, 2013 PART 1 Introduction Sections 6-10

Exception (4) The definition manufacturing in subsection (3) does

not apply in Part 20. *

Terms preceded by an asterisk are defined in section 6.

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

Inspectors’ duties 7 Nothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act. Electronic notice 8 Any document, other than a document referred to in

subsection 173(3) or (4) or 183(3) or section 426 or subsection 498(1), and any information that is required by these Regulations to be in writing, may be delivered in hard copy or by electronic means.

PART 2

General Requirements, Prohibitions and Safety Precautions Overview 9 This Part sets out requirements, prohibitions and safety precautions that apply to every person who is carrying out an *activity involving an explosive or who is in the vicinity of *explosives. *

Terms preceded by an asterisk are defined in section 6.

Requirements Age restriction 10 A person must be at least 18 years old to carry out an

activity involving an explosive. However, this requirement does not apply to a person who acquires *small arms cartridges for their own personal use. It also does not apply when these Regulations provide for an exception. *

*

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 2 General Requirements, Prohibitions and Safety Precautions Requirements Sections 11-14

Requirement that explosives be authorized 11 A person may carry out an *activity involving an explosive only if the *explosive is authorized under Part 3. *

Terms preceded by an asterisk are defined in section 6.

Prohibitions Prohibited explosives 12 The following *explosives are, in the opinion of the

Minister, intrinsically unsafe and must not be acquired, possessed, used or sold: (a) trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); and (b) explosives containing chemicals that are not *compatible with one another. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

Sale or transfer 13 A person must not sell or otherwise transfer an *explosive to another person if they have reasonable grounds to suspect that (a) the other person is not authorized by the Explosives Act or these Regulations to acquire the explosive; (b) the explosive will be used for a criminal purpose;

or (c) the other person is under the influence of alcohol or another performance-diminishing substance. *

Terms preceded by an asterisk are defined in section 6.

Acquisition of restricted explosive 14 A person must not acquire an *explosive that the Chief Inspector of Explosives has authorized with restrictions unless (a) if the authorization is restricted to specified people or bodies or classes of people or bodies, they are a person or body or member of a class of people or bodies specified in the authorization; (b) if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; or (c) if the authorization is restricted to specified people or bodies or classes of people or bodies and to specified purposes, they are a person or body or member of

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 2 General Requirements, Prohibitions and Safety Precautions Prohibitions Sections 14-19

a class of people or bodies specified in the authorization and intend to use the explosive for a purpose specified in the authorization. *

Terms preceded by an asterisk are defined in section 6.

Performance-diminishing substance 15 A person must not carry out an *activity involving an

explosive if they are under the influence of alcohol or another performance-diminishing substance. A person who has taken a prescription drug may carry out such an activity if they have medical proof that they need the drug and that it will not impede their ability to safely carry out the activity. *

Terms preceded by an asterisk are defined in section 6.

Smoking 16 A person must not smoke while they are carrying out

an activity involving an explosive or if they are within 8 m of an *explosive.

*

*

Terms preceded by an asterisk are defined in section 6.

Alteration of markings 17 (1) A person must not alter, deface or obscure any printing or label on an *explosive or its packaging unless they are ordered to do so by an inspector to correct an error.

Change of quantity (2) However, after removing an explosive from its packaging, a person may alter the printing or label on the packaging to reflect the remaining quantity. *

Terms preceded by an asterisk are defined in section 6.

False information 18 A person must not include in a document required by

these Regulations any information that is false or misleading. A person must not submit a document that, by reason of non-disclosure of facts, is false or misleading.

Safety Precautions Knowledge of activity 19 A person who is carrying out an *activity involving an

explosive must ensure that they, and any person under their supervision, have knowledge of the activity being

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 2 General Requirements, Prohibitions and Safety Precautions Safety Precautions Sections 19-23

carried out and of the measures that must be taken to minimize any likelihood of harm to people and property that could result from the activity, including measures to (a) prevent an accidental ignition; (b) limit the spread of any fire or the extent of any explosion; and (c) protect people from the effects of any fire or explosion. *

Terms preceded by an asterisk are defined in section 6.

Precautionary measures 20 A person who is carrying out an *activity involving an

explosive must take measures that minimize the likelihood of harm to people or property that could result from the activity, including measures to (a) prevent an accidental ignition; (b) limit the spread of any fire or the extent of any explosion; and (c) protect people from the effects of any fire or explosion. *

Terms preceded by an asterisk are defined in section 6.

Limiting access to explosives 21 A person who is in control of an *explosive must ensure that only people authorized by them or by law have access to the explosive. *

Terms preceded by an asterisk are defined in section 6.

Use of fireworks 22 A person may use fireworks only for the purpose for

which they were designed.

PART 3

Authorization and Classification of Explosives Overview 23 This Part sets out *activities involving an explosive

that may be carried out even if the *explosive is not authorized. It also sets out the procedure for obtaining authorization of an explosive and when permission is required to change an explosive that has been authorized. It deals as well with the classification and reclassification

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Authorization Not Required Sections 23-25

of explosives, their recall and the cancellation of an authorization. *

Terms preceded by an asterisk are defined in section 6.

Chief Inspector’s delegate 24 The duties and functions of the Chief Inspector of Explosives that are set out in sections 32 to 40 may be performed by an inspector designated by the Chief Inspector.

Authorization Not Required Exemption from authorization 25 Despite section 11, the following *activities involving

an explosive may be carried out even though the *explosives are not authorized: (a) the manufacture of up to 1 kg of explosives to be used in conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution; (b) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, demonstration, test or analysis by a government or law enforcement agency; (c) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, test or analysis at a private or commercial laboratory; (d) the manufacture of black powder charges for ceremonial use; (e) the manufacture of *small arms cartridges or black powder cartouches for personal use; (f) the assembly and use of special purpose pyrotechnics, as defined in section 361; (g) the sending of a sample of an explosive to the

Chief Inspector of Explosives, at his or her request, for authorization testing; (h) the importation of an explosive, if the conditions

set out in section 45 are met; (i) the exportation of an explosive, if the conditions set out in section 45 are met; and (j) the transportation in transit of an explosive. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Authorization Not Required Sections 25-28

Application for Authorization Period of authorization 26 (1) An *explosive may be authorized for an indefinite

period or for a specified period. Indefinite period (2) An authorization for an indefinite period is issued if

the explosive is intended to be used in ongoing or recurring activities. The authorization may be issued with restrictions. Specified period (3) An authorization for a specified period is issued if the

explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks). *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 2.

Applicant 27 The following people may apply to have an *explosive

authorized: (a) a person who proposes to manufacture the explosive; (b) a foreign manufacturer of the explosive; or (c) a person who has permission to apply from a manufacturer of the explosive. *

Terms preceded by an asterisk are defined in section 6.

Application for indefinite period 28 An applicant for an authorization for an indefinite

period must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the name, address, telephone number, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer; (b) a short description of the explosive and its properties, as well as its *product name;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Application for Authorization Section 28

(c) a description of the circumstances in which it will be used; (d) for an *explosive article, a technical drawing of the article, prepared to scale, that sets out its dimensions, its components and the materials of its construction; (e) the composition of the explosive and the percent

tolerance or range of each of its ingredients; (f) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients; (g) the results of any tests conducted by or on behalf

of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state; (h) the anticipated classification of the explosive under section 36; (i) in the case of an explosive to be *manufactured in

Canada for the first time, a description of the manufacturing operations that will be used; (j) for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use; (k) a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale; (l) a description of the packaging or container in which the explosive will be transported and stored, and the safety standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992; (m) the information that will be printed on the explosive and its packaging; (n) the safety instructions, in both English and

French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; and (o) the period after the manufacture of the explosive

during which it will remain suitable for use in the circumstances described in paragraph (c). *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 2.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Application for Authorization Section 29

Application for specified period 29 An applicant for an authorization for a specified period, if the *explosive is for use other than at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the name, address, telephone number, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer; (b) the period for which the authorization is requested; (c) a short description of the explosive and its properties, as well as its *product name; (d) a description of the circumstances in which it will be used; (e) the quantity of the explosive that will be used during the period; (f) every location where it will be used; (g) in the case of a product trial, the location where the explosive will be manufactured; (h) for an *explosive article, a technical drawing of the

article prepared to scale that includes its dimensions, its components and the materials of its construction; (i) the composition of the explosive and the percent tolerance or range of each of its ingredients; (j) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients; (k) for an explosive article, a description of its performance characteristics, the way in which it functions and instructions for its use; (l) a description of any packaging or container in which the explosive will be handled, used or displayed for sale; (m) a description of the packaging or container in which the explosive will be transported and stored and the safety standards with which the packaging or container must comply under the Transportation of Dangerous Goods Act, 1992; (n) the safety instructions, in both English and

French, that will accompany the explosive, including procedures for preventing accidents when handling,

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Application for Authorization Sections 29-30

storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; (o) the delivery system, if the explosive is to be transported in bulk; and (p) the method to be used to destroy any of the explosive that is not used before the authorization expires. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 3; SOR/2018-231, s. 3.

Application for specified period — other activities 30 An applicant for an authorization for a specified period, if the *explosive is for use at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the name, address, telephone number, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer; (b) a short description of the *explosive and its properties, as well as its *product name; (c) the transport classification issued by the country

of origin; (d) the places and dates of the special event, tour or international competition at which the explosive will be used; (e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized; (f) the precautions that will be taken to minimize the likelihood of harm to people and property; and (g) the method to be used to destroy any of the explosive that is not used before the authorization expires. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 4, 39; SOR/2018-231, ss. 4, 44(F).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Application for Authorization Sections 31-34

Fees 31 The applicant for an authorization must pay the applicable fees set out in Part 19.

Authorization Authorization for indefinite period 32 (1) The Chief Inspector of Explosives must authorize

the use of an *explosive for an indefinite period if the Chief Inspector determines, on the basis of the results of one or more of the following tests, that the explosive can be safely *manufactured, handled, stored, transported, used and destroyed: (a) a test listed in the table to this Part that is conducted on the explosive; (b) a test listed in the table to this Part that is conducted on a similar explosive; or (c) a test that was conducted on this or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that is equivalent to a test listed in the table to this Part.

Authorization with restrictions (2) The authorization must be given with restrictions if the Chief Inspector determines, based on the type, hazard classification, UN number and the circumstances in which the explosive will be used, that it can safely be used only by a specific person, body or class of people or bodies, or for a specific purpose. *

Terms preceded by an asterisk are defined in section 6.

Authorization for specified period 33 The Chief Inspector of Explosives must authorize an

explosive for a specified period if the Chief Inspector determines, on the basis of the information in the application and the results of any sample testing, that the explosive can be safely *manufactured, handled, stored, transported, used and destroyed.

*

*

Terms preceded by an asterisk are defined in section 6.

Sample required 34 (1) If a sample of an *explosive is required for a test

listed in the table to this Part, the Chief Inspector of Explosives must notify the applicant, specify the quantity of the explosive required and indicate the address to which the sample may be sent.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Authorization Sections 34-36

Sending sample (2) A person must not send a sample of an explosive for

testing unless they have been requested to do so by the Chief Inspector. *

Terms preceded by an asterisk are defined in section 6.

Notice 35 (1) The Chief Inspector of Explosives must give the

applicant written notice of whether the *explosive has been authorized. Reasons (2) If the explosive has not been authorized, the notice

must include the reasons for the refusal to authorize. Classification and restrictions (3) If the explosive has been authorized, the notice must include the following information: (a) the classification of the explosive; (b) in the case of an authorization for an indefinite period, any restrictions respecting the people or bodies or classes of people or bodies that may use the explosive and any restrictions respecting the purposes for which it may be used; (c) in the case of an authorization for a specified period, the period for which the explosive is authorized, the quantity authorized, the place of *manufacture and the place of use; and (d) the date on which the explosive was authorized. *

Terms preceded by an asterisk are defined in section 6.

Classification of Explosives Classification of authorized explosives 36 (1) The Chief Inspector of Explosives must classify

each authorized *explosive by type, hazard category and UN number in accordance with this section. Type (2) Each authorized explosive is classified according to

its intended use as one of the following types: (a) E — high explosives: (i) E.1 — blasting explosives, (ii) E.2 — perforating explosives, (iii) E.3 — special-application explosives;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Classification of Explosives Section 36

(b) I — initiation systems; (c) P — propellant powder: (i) P.1 — black powder and hazard category PE 1

black powder substitutes, (ii) P.2 — smokeless powder and hazard category PE 3 black powder substitutes; (d) C — cartridges: (i) C.1 — *small arms cartridges, (ii) C.2 — blank cartridges for tools, (iii) C.3 — percussion caps; (e) D — military explosives and law enforcement explosives; (f) F — fireworks: (i) F.1 — consumer fireworks, (ii) F.2 — display fireworks, (iii) F.3 — special effect pyrotechnics, (iv) F.4 — fireworks accessories; (g) R — rocket motors: (i) R.1 — model rocket motors, (ii) R.2 — high-power rocket motors, (iii) R.3 — rocket motor accessories; or (h) S — special purpose explosives: (i) S.1 — low-hazard special purpose explosives, (ii) S.2 — high-hazard special purpose explosives.

Hazard category (3) Each authorized explosive is also classified for the

purposes of *manufacturing and storage into one or more of the following potential effects (PE) categories, if applicable. The classification is made according to hazard, determined on the basis of manufacturing operations, the quantity of explosive and how the explosive will be packaged:

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Classification of Explosives Sections 36-37

(a) PE 1 — mass explosion hazard; (b) PE 2 — serious projection hazard but not a mass

explosion hazard; (c) PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; or (d) PE 4 — fire hazard or slight explosion hazard, or both, with only local effect.

UN number (4) Each authorized explosive is assigned a UN number

as set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations on the basis of its type, hazard category and the circumstances in which it will be used. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 37.

Authorized Explosives Changes to authorized explosive 37 (1) A person who has obtained the authorization of

an *explosive must obtain the written permission of the Chief Inspector of Explosives before changing the explosive in a way that would render any of the following information inaccurate: (a) in the case of an authorization for an indefinite period, any information required under paragraphs 28(d) to (f) or (l) to (n); and (b) in the case of an authorization for a specified period, any information required under paragraphs 29(h) to (j), (m) or (n). Permission given (2) The Chief Inspector of Explosives must give permission if the proposed change would not affect the performance or classification of the explosive. The Chief Inspector must notify the holder in writing when permission is given. Permission refused (3) If permission is refused, the Chief Inspector must notify the holder in writing that permission is refused and that a new application for authorization is required.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Authorized Explosives Sections 37-39

Exception (4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if (a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations; (b) the UN number assigned to the explosives by the

competent authority of the country of origin has not changed; and (c) the Chief Inspector of Explosives has received a

written notice of any change to the explosive. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 5.

Reclassification 38 (1) The Chief Inspector of Explosives must reclassify

an authorized *explosive if periodic testing or new information reveals that its classification is no longer appropriate. Written notice (2) The Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification. *

Terms preceded by an asterisk are defined in section 6.

Cancellation of authorization 39 The Chief Inspector of Explosives must cancel the authorization of an *explosive in any of the following circumstances: (a) the person who obtained the authorization has not

paid the applicable fee within 30 days after the date of an invoice from the Department of Natural Resources; (b) periodic testing or new information reveals that

the explosive can no longer be safely *manufactured, handled, stored, transported, used or destroyed; (c) the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed; (d) the person who obtained the authorization requests the cancellation; or (e) the manufacturer is no longer in business and the Chief Inspector has reasonable grounds to believe that the explosive is no longer in any person’s possession. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives Authorized Explosives Sections 39-41

Recall 40 (1) If the authorization of an *explosive is cancelled

because the explosive is no longer safe when *manufactured, handled, stored, transported, used or destroyed in the normal way, the Chief Inspector of Explosives must, by written notice, require any manufacturer, any importer and any seller of the explosive to recall any of the explosive that they have manufactured, imported or sold. Bad batch or lot (2) If a batch or lot of explosives cannot be safely handled, stored, transported, used or destroyed because of a manufacturing defect, the Chief Inspector of Explosives must, by written notice, require the manufacturer or importer and any seller of the batch or lot to recall it.

Duties upon recall (3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a safe manner. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 6.

List of Authorized Explosives Contents of list 41 (1) The Minister must keep an up-to-date list of all

explosives that are authorized for an indefinite period. The list must set out the following information for each explosive: *

(a) the name of the person who obtained the authorization; (b) the *product name and classification of the explosive; and (c) any restrictions imposed by the Chief Inspector of Explosives.

Exception (2) However, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 38, 39; SOR/2018-231, s. 44(F).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives TABLE Tests for Authorizing Explosives Section 42

Removal from list 42 The Minister must remove from the list of authorized

explosives any *explosive for which the authorization is cancelled. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

TABLE

Tests 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

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

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

Tests for ignition behaviour

Tests to determine the potential for mass explosion in a fire

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

Tests for mechanical sensitivity — including sensitivity to friction and impact

Tests for sensitivity to electrostatic discharge

Tests for sympathetic initiation and detonation

Tests for velocity of detonation

Tests for explosive strength

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

Performance tests

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 3 Authorization and Classification of Explosives List of Authorized Explosives Sections 43-44

Tests for minimum burning pressure

Packaging tests

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

PART 4

Importing and Exporting Explosives and Transporting Explosives in Transit Overview 43 This Part sets out (a) the circumstances in which *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. *

Terms preceded by an asterisk are defined in section 6.

Definitions 44 (1) The following definitions apply in this Part.

annual permit means a permit for multiple importations, exportations or transportations in transit during a one-year period. (permis annuel) 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 means a permit for a single importation, exportation or transportation in transit. (permis à utilisation unique)

Explosive quantity (2) A reference to the mass of an *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

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit No Permit Required Sections 44-45

the case of an *explosive article, also excluding any component that is not an *explosive substance). *

Terms preceded by an asterisk are defined in section 6.

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

No Permit Required Import, export or transport in transit 45 A person may import, export or transport in transit an *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 *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 Column 1

Column 2

Item

Explosive

Quantity

Model rocket motors that have a 6 maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging)

Avalanche airbag systems

Small arms cartridges — imported or exported

5 000

Small arms cartridges — transported in transit

50 000

Percussion caps (primers) for small 5 000 arms cartridges — imported or exported

Percussion caps (primers) for small 50 000 arms cartridges — transported in transit

Empty primed small arms cartridge 5 000 cases — imported or exported

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Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit No Permit Required Sections 45-46

Column 1

Column 2

Item

Explosive

Quantity

Empty primed small arms cartridge 50 000 cases — transported in transit

Black powder and hazard category PE 1 black powder substitutes

8 kg, in containers of 500 g or less

Smokeless powder and hazard category PE 3 black powder substitutes

8 kg, in containers of 4 kg or less

*

Terms preceded by an asterisk are defined in section 6.

SOR/2013-211, s. 501; SOR/2016-75, s. 5; SOR/2018-231, s. 8.

Import Permits Application Application 46 (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 *product name and UN number of each *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, *pyrotechnic event, fireworks display or other purpose); (f) the name of the person who obtained the authorization of each explosive;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit Import Permits Application Sections 46-47

(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.

Fees for import permit (2) An applicant for an import permit must pay the applicable fees set out in Part 19. *

Terms preceded by an asterisk are defined in section 6.

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

Requirements To Be Met by Import Permit Holder Quantity of explosives and packaging 47 (1) A holder of an import permit must ensure that the following requirements are met: (a) the quantity of each *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. 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;

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(b) either the date of its *manufacture and the shift

during which it was manufactured, if any, or its lot number; (c) its *product name; and (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

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).

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.

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

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Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit Import Permits Requirements To Be Met by Import Permit Holder Section 47

(d) in the case of a type S explosive, whether it is type

S.1 or S.2, on the outer packaging.

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.

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. 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.

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.

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Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit Import Permits Requirements To Be Met by Import Permit Holder Sections 47-48

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. *

Terms preceded by an asterisk are defined in section 6.

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

Export Permit Application Application 48 An applicant for an export 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

name, address, telephone number, fax number and email address and the name of a contact person; (c) the *product name and UN number of each *explosive to be exported; (d) the quantity of each explosive to be exported or, if

the application is for an annual permit, the estimated quantity of each explosive to be exported during the year; (e) the name of the person who obtained the authorization of each explosive; (f) the country of origin of each explosive; (g) the location of the Canadian port of exit through

which each explosive will pass; (h) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered; (i) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination; (j) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country

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Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit Export Permit Application Sections 48-49

through which it will be transported if the country requires permission for the in transit transportation of the explosive; and (k) the date of the application. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 8, 39; SOR/2018-231, s. 44(F).

Requirements To Be Met by Export Permit Holder Information on packaging 49 (1) A holder of an export 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 exported: (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;

Report (2) A holder of an export 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 exported and the name of the person who obtained its authorization; (d) the quantity and UN number of each type of explosive that was exported; (e) the country of origin of each explosive; (f) the means of transport used; (g) the location of the Canadian 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.

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Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit Export Permit Requirements To Be Met by Export Permit Holder Sections 49-50

Deadline — annual permit (3) 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 exported during the year for which the permit was valid.

Deadline — single use permit (4) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were exported.

Exception (5) Subsections (2) to (4) 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. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 9, 39; SOR/2018-231, s. 45(E).

In Transit Permits Application Application 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; (c) the *product name and UN number of each *explosive to be transported in transit; (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;

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Explosives Regulations, 2013 PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit In Transit Permits Application Sections 50-51

(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. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 10(F), 44(F), 45(E).

Requirements To Be Met by In Transit Permit Holder 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 *explosive to be transported in transit: (a) the name or *product name of the explosive; (b) a description of the explosive; (c) the UN number of the explosive; and

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(d) the quantity to be transported.

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, *storage unit or dwelling in accordance with these Regulations or at a secure storage site.

Report (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. 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.

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. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 11, 44(F), 45(E).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives Sections 52-53

PART 5

Manufacturing Explosives Overview 52 (1) This Part sets out the rules for manufacturing * explosives. However, it does not apply to the manufacture of *small arms cartridges or black powder cartouches for personal use or to repackaging under a vendor magazine licence.

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.

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. 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. *

Terms preceded by an asterisk are defined in section 6.

Definition of manufacturing 53 In this Part, manufacturing includes the following

activities: (a) making or manufacturing an *explosive substance

from raw material or from another explosive substance; (b) making or manufacturing an *explosive article, including the assembly of an article from explosive and non-explosive components; (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);

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate Sections 53-55

(d) dividing an *explosive into its components or unmaking, breaking up or in any manner destroying it; (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. *

Terms preceded by an asterisk are defined in section 6.

Explosive quantity 54 A reference to the mass of an *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 *explosive article, also excluding any component that is not an *explosive substance). *

Terms preceded by an asterisk are defined in section 6.

DIVISION 1

Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate Interpretation Definitions — sites and authorizations 55 The following definitions relating to sites and authorizations apply in this Division. client site means a blast site at which a mobile process unit is used to manufacture *explosives away from a factory or satellite site. (site client) division 1 factory licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the manufacture of explosives at a factory. (licence de fabrique de la section 1) satellite site means a site that is located away from a factory and at which explosives that are intended for use at a client site are manufactured and temporarily stored. (site satellite) satellite site certificate means a manufacturing certificate that is issued to the holder of a division 1 factory licence under paragraph 7(1)(c) of the Explosives Act and

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authorizes the manufacture of explosives at a satellite site. (certificat de site satellite) *

Terms preceded by an asterisk are defined in section 6.

Definitions — facilities 56 The following definitions relating to facilities and

equipment at factories, satellite sites or client sites apply in this Division. factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique) mobile process unit means a vehicle or portable machine that is used at a factory, satellite site or client site to carry out an explosives manufacturing operation. (unité de fabrication mobile) process unit means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory. (unité de fabrication) raw material storage facility means a facility where non-explosive raw material and packaging material are stored at a factory or satellite site. (installation de stockage de matières premières) transport unit means a vehicle or container in which * explosives or raw material are conveyed from one place to another at a factory or satellite site without using a public road. It includes a tow motor, forklift, wagon, handcart and basket, but does not include a conveyor or pipeline. (unité de transport) *

Terms preceded by an asterisk are defined in section 6.

Definitions — people 57 The following definitions relating to people at factories, satellite sites or client sites apply in this Division. competent person means a person who has been certified as trained in accordance with section 83. (personne compétente) worker means a person who is at a factory or satellite site to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 1 factory licence. (travailleur)

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION a Authorized Activities Sections 58-59

SUBDIVISION A

Authorized Activities Manufacture of explosives 58 (1) A holder of a division 1 factory licence may manufacture *explosives if the holder complies with this section. Type of explosive (2) Each explosive to be manufactured must be specified

in the division 1 factory licence or a satellite site certificate. Place of manufacture (3) Explosives must be manufactured at one of the following locations: (a) the factory specified in the division 1 factory licence; (b) a satellite site specified in a satellite site certificate; or (c) a client site specified in the licence or a certificate.

Manufacturing operations and work (4) A manufacturing operation may be carried out in a

process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate. *

Terms preceded by an asterisk are defined in section 6.

Acquisition, storage and sale of explosives 59 (1) A holder of a division 1 factory licence may acquire and store *explosives and may sell explosives without a vendor magazine licence. Compliance with Parts 10 to 18 (2) A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION b Application Section 60

SUBDIVISION B

Application Information 60 (1) An applicant for a division 1 factory licence or a

satellite site certificate 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 licence or a certificate is requested and must include the following information: (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person; (b) each type of *explosive to be manufactured; (c) if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end; (d) the address of the factory or satellite site; and (e) the name, address, telephone number, fax number and email address of a contact person at the factory or satellite site.

Plans and sketches (2) The application must include the following documents: (a) a factory site and area plan or a satellite site and area plan that shows (i) the topography of the site, (ii) the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility, (iii) the location of any other building or structure,

and (iv) the distance in metres between each process

unit, factory magazine, raw material storage facility, building and structure; (v) the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site,

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(vi) each *vulnerable place within that area, and (vii) the distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility; (b) layout sketches, diagrams or drawings that show (i) the workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility, (ii) the equipment to be used in each process unit,

including piping and instrumentation diagrams and equipment layout drawings, and (iii) the manufacturing operations to be carried

out, including process flow sheets or process schematic drawings.

Site description (3) The application must include the following information about the factory or satellite site: (a) its geographical coordinates; (b) the size of, and construction materials used for,

each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning; (c) a description of all site and building security features (for example, fencing, barriers and warning signs); (d) a description of the principal manufacturing

equipment to be used and its safety features; (e) a description of each mobile process unit to be

used; (f) a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; and (g) a description of any safety features at the site to be

put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout

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panels, means of blast containment, barriers, alarms or pressure relief and control systems).

Client site (4) If the manufacture of explosives is to be carried out at a client site, the application must include the following information: (a) the name, address, telephone number, fax number

and email address of a contact person at the client site; (b) a description of the client site; (c) the distance in kilometres between the factory and

the client site; and (d) the distance in kilometres between any satellite site and the client site.

Explosives description (5) The application must include a description that sets

out, (a) for each explosive to be manufactured at the factory, a satellite site or a client site, (i) its *product name and its UN proper shipping

name, (ii) the date on which the explosive was authorized

or its authorization file number, (iii) its UN number, and (iv) its hazard category; and (b) for each explosive to be stored at the factory or a

satellite site, (i) its UN proper shipping name, (ii) its UN number, and (iii) its hazard category.

Manufacturing operations description (6) The application must include the following information about manufacturing operations:

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION b Application Section 60

(a) a description of the operations to be carried out in

each process unit and factory magazine; (b) a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure; (c) the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive; (d) the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; (e) the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; and (f) the minimum distance in metres that must be

maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

Security plan (7) If type E, I or D explosives are to be manufactured or

stored, the application must include a security plan that includes the following information: (a) an assessment of the security risks resulting from

the presence of the explosives at the factory, satellite site or client site; (b) a description of the measures that will be taken to minimize those risks; (c) a description of the procedures that will be followed to respond to security incidents; and (d) a description of the procedures that will be followed to report security incidents.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION b Application Section 60

List of documents (8) The application must include a list of the following

documents, along with the dates on which they were made and the dates of any amendments: (a) any environmental assessment of the factory,

satellite site or client site or of the operations to be carried out there; (b) the documents that set out the rules, procedures

and protocols designed to ensure compliance with the Explosives Act, these Regulations and the licence, including (i) operating procedures, (ii) maintenance procedures, (iii) training manuals, (iv) emergency response plans, and (v) spill contingency plans; (c) if manufacturing operations are to be carried out

in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry; (d) if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; and (e) if explosives are to be destroyed, a document that

sets out the method of destruction to be used.

Identifier (9) Every process unit, factory magazine, raw material

storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application. Scale drawing (10) Every drawing, sketch or plan must be drawn to

scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 39, 40; SOR/2018-231, s. 44(F).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION b Application Sections 61-63

Fees 61 An applicant for a division 1 factory licence or a satellite site certificate must pay the applicable fees set out in Part 19.

SUBDIVISION C

Requirements for Holders of Division 1 Factory Licences Facilities at Factories and Satellite Sites Responsibilities of licence holder 62 A holder of a division 1 factory licence must ensure that the requirements relating to process units, factory magazines, raw material storage facilities and transport units set out in sections 63 to 68 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Acceptable distance requirement 63 (1) Every process unit, factory magazine and raw

material storage facility must be located at an acceptable distance from surrounding structures and infrastructure and from places where people are likely to be present.

Criteria — acceptable distance (2) Acceptable distance is determined by the Minister on

the basis of risk of harm to people or property, taking into account the quantity and type of *explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.

Structural requirements (3) Every process unit, factory magazine and transport

unit must be designed, constructed and installed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be *compatible with the explosives to be manufactured, stored or transported and with the raw material to be used.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 63-64

Factory magazines (4) Every factory magazine must also be constructed so that it is well ventilated and resistant to theft, weather and fire.

Raw material storage facilities (5) Every raw material storage facility must be designed,

constructed and installed to conform to good engineering practices. The construction materials must be compatible with the raw material to be stored in the facility.

Means of escape (6) Every process unit, factory magazine, raw material

storage facility and transport unit must have a means of escape that will permit all people in the unit, magazine or facility to leave it quickly and easily in an emergency. Lighting, electrical fixtures and wiring systems (7) The lighting, electrical fixtures and wiring systems that are used in a process unit, factory magazine, raw material storage facility or transport unit must not increase the likelihood of an accidental ignition.

Electrostatic hazard (8) Precautions that eliminate any possibility of an accidental ignition of electrostatic sensitive material (for example, grounding and control of humidity) must be taken in every process unit, factory magazine, raw material storage facility and transport unit.

Protection against lightning strikes (9) Every process unit or building in which a process unit is located must be protected from lightning strikes if it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

Equipment 64 (1) All tools, accessories and equipment that are in a process unit, factory magazine, raw material storage facility or transport unit must be designed, constructed and installed to conform to good engineering practices.

Compatibility (2) Every thing that is in a process unit, factory magazine, raw material storage facility or transport unit must be made from materials that are *compatible with the

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 64-65

explosives and raw material in the unit, magazine or facility. *

Incompatible things (3) However, a thing that is not compatible with an explosive or raw material in a process unit, factory magazine or raw material storage facility but is required for manufacturing or maintenance (such as a cleaning fluid or solvent) may be brought into the unit, magazine or facility for immediate use. It must be removed as soon as the circumstances permit after its use unless the division 1 factory licence or satellite site certificate authorizes its storage in the unit, magazine or facility.

Control of safety-critical parameters (4) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

Motorized transport units (5) A motorized transport unit that contains explosives must be equipped with two easily accessible fire extinguishers, each with a rating of at least 4-A :40-B:C.

Open-flame device (6) An open-flame device, an open-element electrical appliance or a device (for example, a heat sealer) with a surface temperature above the decomposition temperature of the explosives or raw material with which it may come in contact must not be stored in a process unit unless the division 1 factory licence or satellite site certificate authorizes one to be stored in the unit. *

Terms preceded by an asterisk are defined in section 6.

Containers 65 (1) All raw material, *explosive substances and *explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

Spills (2) Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit so as to eliminate any possibility of an ignition.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 65-66

Foreign matter (3) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

Removal of explosives from process unit (4) All explosives and raw material must be removed

from a process unit as soon as the circumstances permit after manufacturing operations are completed, unless the division 1 factory licence or satellite site certificate authorizes storage of the explosives or raw material in the unit.

Removal of explosives from transport unit (5) All explosives and raw material must be removed from a transport unit as soon as the circumstances permit after their transport is completed. A transport unit that contains explosives must be *attended in person. However, it may be left unattended during a thunderstorm.

Destruction of waste and contaminated material (6) All explosives waste and explosives-contaminated

material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction. Decontamination (7) Any building or equipment that is no longer being used to manufacture explosives must be *decontaminated as soon as the circumstances permit. The building or equipment must be inspected by a supervisor to verify that it no longer contains any explosives. *

Terms preceded by an asterisk are defined in section 6.

Process unit records 66 (1) A record must be made for each period during

which a process unit operates. The record must be kept for two years after the date on which it is made and must include the following information: (a) for each unit, (i) the dates on which the period of its operation began and ended,

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 66-67

(ii) a short description of the *explosives, and the

properties of the explosives, manufactured during the period, (iii) the quantity of explosives manufactured, and (iv) the maintenance of and repairs to the unit, the

dates on which the work was carried out and the name of the worker who did the work; and (b) for any equipment in the unit whose malfunction could increase the likelihood of an ignition, (i) the dates on which the period of its operation began and ended, (ii) the manufacturing operations for which the

equipment was used, and (iii) the maintenance of and repairs to the equipment, the dates on which the work was carried out and the name of the person who did the work.

Decontamination records (2) A record must be made for each *decontamination of

equipment that was used in a process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of. *

Terms preceded by an asterisk are defined in section 6.

Thunderstorms 67 (1) On the approach of and during a thunderstorm,

the following procedures must be followed: (a) all manufacturing operations in a process unit that

can be safely shut down must be shut down; (b) all entrances to any factory magazine containing *

explosives must be closed;

(c) any transport unit containing explosives must be

immediately moved to an isolated safe place; and (d) all people at the factory or satellite site must be

immediately moved to a safe place and, until the storm passes, must not be permitted to return.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 67-68

Process units (2) However, any manufacturing operation in a process

unit that could, if stopped, increase the likelihood of harm to people or property may be carried on during a thunderstorm until the operation can be safely shut down. *

Terms preceded by an asterisk are defined in section 6.

Maintenance 68 (1) Every process unit, factory magazine and transport unit and all equipment that is used to manufacture * explosives must be maintained in good operating condition.

Servicing during use (2) Minor servicing of a process unit, factory magazine

or transport unit, or of equipment that is used to manufacture explosives, may be done while the unit, magazine or equipment is in use if the following requirements are met: (a) the servicing is routine and is integral to the use of

the unit, magazine or equipment; and (b) the servicing is done by a competent person.

Work permit (3) All other maintenance or repair work that is done at the factory or a satellite site in or to a process unit, factory magazine, transport unit or equipment that is used to manufacture explosives must be done by a competent person who has been issued a work permit by the licence holder.

Contents of work permit (4) A work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition. Decontamination (5) If any transport unit or equipment at the factory or a satellite site is contaminated, it must be *decontaminated at the factory before it is taken outside the factory for maintenance, repair or disposal.

Work done outside factory or satellite site (6) If maintenance or repair work is done outside the

factory or a satellite site on manufacturing equipment

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 68-71

whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.

Logbook and work permits (7) A logbook of all maintenance and repair work done

in or to every process unit, factory magazine and transport unit, and to any manufacturing equipment whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for this maintenance and repair work must also be kept for two years after the date on which the work is completed.

Progressive cavity pump logbook (8) For each progressive cavity pump, a separate logbook that sets out the operating history of the pump and the maintenance and repair work done to it must be kept at the factory for the life of the pump. *

Terms preceded by an asterisk are defined in section 6.

Signs Responsibilities of licence holder 69 A holder of a division 1 factory licence must ensure that the signage requirements set out in sections 70 to 72 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Signs 70 A sign that warns against unauthorized entry must be

posted at each entrance to a factory or satellite site in a clearly visible location. The sign must also warn of danger from *explosives and indicate the precautions that must be taken to eliminate the possibility of an accidental ignition. *

Terms preceded by an asterisk are defined in section 6.

Exterior signs — process units and factory magazines 71 (1) On the outside of each process unit and factory

magazine, a sign that sets out either the number, letter or distinctive name specified in the division 1 factory licence or satellite site certificate for that unit or magazine or the activities for which the unit or magazine is used, must be posted at each entrance in a clearly visible location.

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Interior signs — process units and factory magazines (2) On the inside of each process unit and factory magazine, a sign that sets out the following information must be posted at the main entrance in a clearly visible location: (a) the quantity of each type of *explosive and the

quantity of raw material that are authorized to be in the unit or magazine at any one time; (b) the number of people who are authorized to be in the unit or magazine at any one time; and (c) any other conditions or restrictions specified in

the licence or certificate that apply to the unit or magazine. *

Terms preceded by an asterisk are defined in section 6.

Interior signs — raw material storage facilities 72 On the inside of each raw material storage facility, a

sign that sets out the raw material, and the properties of the raw material, that is authorized to be stored in the facility, and the quantity of raw material that is authorized to be stored at any one time, must be posted at the main entrance in a clearly visible location. The sign must also indicate the precautions that must be taken to eliminate the possibility of an ignition of the raw materials.

Labelling Responsibilities of licence holder 73 A holder of a division 1 factory licence must ensure

that the labelling requirements set out in section 74 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Information on explosives 74 (1) The following information must be displayed on each *explosive that is manufactured at the factory or satellite site: (a) the name and address of the person who obtained

the explosive’s authorization; (b) either the date of its *manufacture and the shift

during which it was manufactured, if any, or its lot number; (c) its *product name; and

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Section 74

(d) instructions, in both English and French, for its

safe handling, storage, use and destruction.

Manner of displaying information (2) The information must be (a) legibly printed on the explosive; (b) legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a); (c) 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 paragraphs (a) and (b); or (d) 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).

Information on packaging (3) The following information must be legibly printed on

the packaging, or on a label affixed to the packaging, of the explosive: (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.

Information on industrial explosives (4) The manufacturer’s division 1 factory licence number

must be printed in a legible and permanent manner on the outer packaging of every industrial explosive. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 10, 39; SOR/2018-231, ss. 43, 44(F).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 75-77

Safety of Workers and Visitors Responsibilities of licence holder 75 A holder of a division 1 factory licence must ensure that the worker and visitor safety requirements set out in sections 76 to 79 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Access 76 (1) Only people authorized by the holder of a division 1 factory licence may have access to the factory or a satellite site. Orientation sessions (2) A visitor may be authorized to enter the factory or a

satellite site only if they have attended an orientation session on visitor safety within the 12 months before the date on which they enter. If any of the safety procedures have changed since their last orientation session, they must attend a new session before their entry is authorized. Visitors — general public (3) A visitor may be authorized to enter any part of the

factory or a satellite site if they are at least 17 years old and remain under the supervision of a competent person.

Lists of personal protective equipment 77 (1) Up-to-date lists of the personal protective equipment, clothing and devices that are needed to protect workers and visitors from the hazards to which they could be exposed while at the factory or a satellite site must be maintained and must be made available to all workers and visitors.

Personal protective equipment (2) Every worker and visitor must be required to wear the personal protective equipment, clothing and devices that are needed to protect them.

Hair, clothing and accessories (3) Every worker and visitor must be required to confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

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Electronic devices (4) Every worker and visitor must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the factory or a satellite site where the device, if activated, could increase the likelihood of an ignition.

Performance-diminishing substance 78 A worker or visitor must not be authorized to enter

the factory or a satellite site if there are reasonable grounds to believe that they are under the influence of or carrying alcohol or another performance-diminishing substance. However, a worker or visitor who has taken a prescription drug may be permitted to enter if they have medical proof that the drug is needed and that it will not impede their ability to carry out their functions or to visit safely.

No smoking 79 (1) Smoking must be prohibited at the factory and

any satellite site. No fire-producing devices (2) Fire-producing devices (for example, matches and

lighters) must not be permitted in the factory or any satellite site unless they are authorized by the division 1 factory licence or satellite site certificate.

Training Responsibilities of licence holder 80 A holder of a division 1 factory licence must ensure

that the training requirements for workers set out in sections 81 to 84 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Employees’ qualifications 81 Every employee at a factory or satellite site must be

required to meet the following requirements: (a) they must be a competent person; or (b) they must be at least 17 years old, participating in the training program referred to in section 82 and under the direct supervision of a competent person.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 82-83

Training program 82 (1) Every employee must be trained to carry out

their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person. Contents of training (2) The training must include all information necessary

to ensure the security of the factory or satellite site and the safety of the employee, other people at the factory or site and the general public. It must also include a review of the Explosives Act, these Regulations and the division 1 factory licence or satellite site certificate.

Certification 83 (1) A holder of a division 1 factory licence must certify as trained any employee who is at least 18 years old if (a) the employee has completed the training referred

to in section 82; or (b) the holder has reasonable grounds to believe that

the employee understands the hazards to which they could be exposed at the factory or satellite site and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the site.

Form and contents (2) Evidence of an employee’s certification may be either

a training record or a document signed by the person who provided the training or, in the case provided for in paragraph (1)(b), by the holder of the division 1 factory licence. It must be given to the employee and record the employee’s name, the operating procedures the employee is competent to carry out and the date on which the certification will expire. Expiry (3) An employee’s training certification must expire not

more than five years after the date of the certification. If a change occurs in the operating procedures for which the employee was certified, the employee must be trained in the new operating procedures but the expiry date of the certification must remain the same. Records (4) A training record and a record of work experience

must be made and kept up to date for each employee at

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the factory or satellite site where they perform their duties. These records must be kept for two years after the date on which the employee’s certification expires. Training and supervision 84 Every worker at a factory or satellite site who is not an employee must (a) be trained to carry out their work in a manner that

is safe and lawful and ensures the security of the factory or satellite site; and (b) remain under the supervision of a competent person while at the factory or satellite site, unless the holder of the division 1 factory licence has reasonable grounds to believe that the worker understands the hazards to which the worker could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site. SOR/2018-231, s. 12.

Operation of the Factory or Satellite Site Responsibilities of licence holder 85 A holder of a division 1 factory licence must ensure

that the operational requirements set out in sections 86 to 91 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Operating procedures 86 (1) Operating procedures, including procedures to

minimize the likelihood of an accidental ignition, must be put in place for every manufacturing operation.

Update of procedures (2) The operating procedures must be kept up to date and reviewed annually. If a manufacturing operation is to be changed, the procedures for carrying out that operation must be reviewed and modified as needed before the change is implemented.

Management of change 87 (1) Before any temporary or permanent technological or organizational change to manufacturing operations is implemented, an evaluation of the risk that the change could increase the likelihood of an ignition or a security incident must be carried out and a management of change procedure must be put in place for each change that could increase the likelihood of an ignition or a security incident.

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Approval of change (2) Each change must be approved by the holder of the

division 1 factory licence before it is made. Record (3) A record of each change must be kept for two years after the date on which the change is made.

Security plan 88 (1) If a security plan was included in the application for a division 1 factory licence or a satellite site certificate, it must be implemented and a copy of the plan must be kept at the factory or satellite site.

Change of circumstance (2) The security plan must be updated to reflect any

change in circumstances that could adversely affect the security of the factory or satellite site. A copy of the updated plan must be kept at the factory and satellite site and another copy must be sent to the Chief Inspector of Explosives as soon as the circumstances permit. Copy (3) A copy of the most recent version of the plan must be

made available to the people who are responsible for implementing it. Audits 89 (1) All operating procedures must be routinely audited. Every audit must include the following verifications: (a) whether facilities and equipment are being operated and maintained in a manner that ensures the security of the factory or satellite site and minimizes the likelihood of harm to people and property; and (b) whether these Regulations and the terms and conditions of the division 1 factory licence and any satellite site certificate are being complied with.

Corrections (2) Any deficiency found during an audit must be corrected as soon as the circumstances permit.

Record (3) A record of each audit must be made and the record must include a copy of the action plan to correct any deficiencies found and set out the corrections made. It must be kept for two years after the date on which the audit is conducted.

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Audit procedure (4) A procedure must be put in place to ensure that the

audits are conducted in a complete and timely manner.

Records 90 (1) A record of each *explosive in the factory or at a

satellite site (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive, (a) the *product name and a short description of the explosive and its properties; (b) if the explosive was received, the quantity received and the date of reception; (c) if the explosive was used to manufacture another explosive, the quantity used and the date of use; (d) if the explosive was manufactured at the factory or

a satellite site, the quantity manufactured and the date of manufacture; (e) if the explosive was stored, the quantity stored, the

magazine in which it was stored and the dates on which it was placed in and removed from the magazine; (f) if the explosive was shipped from the factory or a

satellite site, the quantity shipped, the date of shipment and the name and address of the person to whom it was shipped; and (g) if the explosive was destroyed at the factory, the

quantity destroyed and the date of destruction. Inventory control systems (2) Any system used for inventory control or tracking of

an explosive must not increase the likelihood of an ignition. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Copy — licence and certificates 91 (1) A copy of the division 1 factory licence and all documents referred to in the licence must be kept at the factory. A copy of the satellite site certificate and all documents referred to in the certificate must be kept at each satellite site.

Copy — this Division (2) A copy of this Division must be made available to workers at the factory and each satellite site.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 91-93

Copy — operating procedures (3) A copy of the operating procedures for each process unit, factory magazine and transport unit must be kept in the unit or magazine to which they relate and must be made available to the workers.

Mobile Process Units Responsibilities of licence holder 92 A holder of a division 1 factory licence must ensure that the mobile process unit requirements set out in sections 93 to 100 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Structural requirements 93 (1) Every mobile process unit must be designed and

constructed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of *explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be *compatible with the explosives to be manufactured and transported and with the raw material to be used.

Means of escape (2) Every mobile process unit must have a means of escape that will permit all people in the unit to leave it quickly and easily in an emergency. Equipment (3) All tools, equipment, hoses and hydraulic systems in or on a mobile process unit must be designed, constructed and installed to conform to good engineering practices.

Compatibility (4) Every thing that is in or on a mobile process unit

must be made from materials that are compatible with the explosives and raw material with which they could come into contact during manufacturing operations.

Control of safety-critical parameters (5) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use. *

Terms preceded by an asterisk are defined in section 6.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 94-95

Foreign matter 94 (1) If the likelihood of an ignition could be increased

as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or * explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

Loading and unloading (2) Explosives and raw material must not be loaded into

or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown, unloading may be carried out at the location of the breakdown if the Minister is notified of the breakdown and determines that precautions that minimize the likelihood of ignition have been taken. Loaded units to be attended (3) A mobile process unit that contains explosives must

be *attended in person except when it is at the factory or a satellite site. Storage — contaminated units (4) A mobile process unit that has not been *decontaminated must be kept at the location specified in the licence or certificate.

Tanks and hoppers (5) The explosives and raw material in the tanks and

hoppers on a mobile process unit must be unloaded if the unit will not be used for three consecutive days. However, the fuel oil tank and prill hopper do not have to be unloaded. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

Unit unused 95 (1) A mobile process unit must be cleaned if it will not be used, or has not been used, for 30 consecutive days.

Removal from service (2) A mobile process unit must be decontaminated before it is removed from service.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 95-97

Decontamination (3) All decontamination of a mobile process unit must be

carried out at the factory specified in the division 1 factory licence. After decontamination, a unit must be inspected by a supervisor to verify that it no longer contains any * explosives. Destruction of waste (4) All explosives waste and explosives-contaminated

material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction. *

Terms preceded by an asterisk are defined in section 6.

Operating procedures 96 (1) Operating procedures, including procedures to minimize the likelihood of an ignition, must be put in place for every manufacturing operation to be carried out in a mobile process unit.

Copy (2) A copy of the operating procedures for each mobile

process unit must be kept in the unit and must be made available to workers. Process unit records 97 (1) A record must be made for each period during

which a mobile process unit operates. The record must be kept for two years after the date on which it is made and must include the following information: (a) the dates on which the period of its operation began and ended; (b) a short description of the *explosives manufactured during the period and of their properties; (c) the quantity of explosives manufactured; and (d) the maintenance of and repairs to the unit, the

dates on which the work was carried out and the name of the person who did the work.

Decontamination records (2) A record must be made for each *decontamination of equipment that is used in a mobile process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of

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the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of. *

Terms preceded by an asterisk are defined in section 6.

Maintenance 98 (1) Every mobile process unit must be maintained in good operating condition.

Servicing during use (2) Minor servicing of a mobile process unit may be done while it is in use if the following requirements are met: (a) the servicing is routine and integral to the use of the unit; and (b) the servicing is done by a competent person.

Work permit (3) All other maintenance or repair work, if it is done at

the factory, must be carried out by a competent person who has been issued a work permit by the licence holder.

Contents of work permit (4) A work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition. Decontamination (5) A mobile process unit must be *decontaminated at

the factory before it is taken outside the factory for maintenance or repair.

Work done outside factory (6) If maintenance or repair work is done outside the factory on manufacturing equipment that is in or on a mobile process unit and whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.

Repairs at site of breakdown (7) In the case of a mechanical breakdown of a vehicle

used as a mobile process unit, repairs to the vehicle may be done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.

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Unloading and towing (8) If doing the repair work could increase the likelihood of ignition, the unit must be towed to the factory for repair.

Logbook and work permits (9) A logbook of all maintenance and repair work done

to a mobile process unit, or to any manufacturing equipment in or on the unit whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for the maintenance and repair work must also be kept for two years after the date on which the work is completed. The logbook and permits must be kept at the factory. Progressive cavity pump logbook (10) For each progressive cavity pump, a separate logbook that sets out the operating history of the pump and the maintenance and repair work done to it must be kept at the factory for the life of the pump. *

Terms preceded by an asterisk are defined in section 6.

Use at client site 99 (1) A mobile process unit may be used to *manufacture *explosives at a client site, but only if the unit and the site are both specified in the division 1 factory licence or satellite site certificate.

Manufacturing operations (2) All manufacturing operations at a client site must be

carried out by a competent person. Precautions (3) Before manufacturing operations begin, every one at the client site must be informed of the precautions that must be taken while dewatering, driving over loaded boreholes, handling charging hose and carrying out charging operations.

Hazards (4) Any thing or activity that could increase the likelihood of an accidental ignition must not be allowed within 15 m of a mobile process unit and its charging hose.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 99-100

Performance-diminishing substance (5) A person must not be permitted to be within 15 m of a mobile process unit and its charging hose while the unit is operating if there are reasonable grounds to believe that the person is under the influence of or is carrying alcohol or another performance-diminishing substance. A person who has taken a prescription drug may be permitted to enter the area if they have medical proof that the drug is needed and will not impede their ability to function safely.

No smoking (6) A person must not be permitted to smoke within 15 m of a mobile process unit and its charging hose.

Thunderstorms (7) On the approach of a thunderstorm, if a mobile process unit is at the surface at a client site, all manufacturing operations in the unit must be shut down and all people in the vicinity of the unit must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return to the vicinity of the unit. *

Terms preceded by an asterisk are defined in section 6.

Packaging at satellite or client site 100 (1) Blasting explosives in bulk that are manufactured in a mobile process unit may be packaged at a satellite or client site, but only if the explosives (a) have been removed to prepare the unit for cleaning or *decontamination; (b) are to be used as samples for laboratory analysis; (c) have been used to calibrate the process equipment; (d) are to be used to charge boreholes that the unit

cannot access during its operations at a client site; or (e) are to be used to charge boreholes that present unforeseen conditions rendering their use unsafe if they are left unpackaged.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION c Requirements for Holders of Division 1 Factory Licences Sections 100-102

Packaging (2) The packaging must prevent the explosives from

leaking or spilling and minimize the likelihood of an accidental ignition. *

Terms preceded by an asterisk are defined in section 6.

SUBDIVISION D

Requirements for Workers, Visitors and Other People Factory and Satellite Site Authorization to enter 101 (1) Before entering a factory or satellite site, every

worker who is not an employee and every visitor must obtain the authorization of the holder of the division 1 factory licence. A visitor must be at least 17 years old.

Visitors (2) While at a factory or satellite site, a visitor must remain under the supervision of a competent person, unless the holder has reasonable grounds to believe that the visitor understands the hazards to which the visitor could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.

Performance-diminishing substance (3) A worker or visitor who is under the influence of or is

carrying alcohol or another performance-diminishing substance must not enter a factory or satellite site. However, a worker or visitor who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to carry out their functions or to visit safely. SOR/2018-231, s. 13.

Personal protective equipment 102 (1) Every worker and visitor at a factory or satellite

site must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

Hair, clothing and accessories (2) Every worker and visitor must confine or cover any loose hair and confine, cover or remove any loose

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION d Requirements for Workers, Visitors and Other People Sections 102-105

clothing, jewelry or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

Electronic devices (3) Every worker and visitor must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of a factory or satellite site where the device, if activated, could increase the likelihood of an ignition.

Precautions 103 (1) Every worker and visitor at a factory or satellite

site must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

No smoking (2) Workers and visitors must not smoke at a factory or satellite site.

Worker qualifications 104 A worker at a factory or satellite site may carry out a task only if they (a) have been trained in that task and understand the

hazards to which they could be exposed; or (b) are at least 17 years old, participating in a training

program and under the direct supervision of a competent person.

Client Sites Performance-diminishing substance 105 (1) A person at a client site must not be within 15 m

of an operating mobile process unit and its charging hose if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter the area if they have medical proof that they need the drug and that it will not impede their ability to function safely.

Hazards (2) A person at a client site must not be in possession of any thing, or carry out any activity, within 15 m of a mobile process unit and its charging hose if the thing or

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate SUBDIVISION d Requirements for Workers, Visitors and Other People Sections 105-107

activity could increase the likelihood of an accidental ignition.

DIVISION 2

Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate Interpretation Definitions 106 The following definitions apply in this Division.

competent person means a person described in subsection 122(2). (personne compétente) division 2 factory licence means a licence that is issued by the Minister under paragraph 7(1)(a) of the Explosives Act authorizing a manufacturing activity referred to in section 53 at a workplace. (licence de fabrique de la section 2) manufacturing certificate means a certificate that is issued by the Minister under paragraph 7(1)(c) of the Explosives Act and authorizes an activity referred to in section 107 at a workplace. (certificat de fabrication) worker means a person who is at a workplace to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 2 factory licence. (travailleur) workplace means a building, room or area where an activity involving the manufacture of *explosives, including their storage, is carried out. (lieu de travail) *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 11, 38.

SUBDIVISION A

Authorized Activities Authorized activities 107 (1) A holder of a division 2 factory licence or manufacturing certificate may carry out those of the following activities that are specified in the licence or certificate at a workplace specified in the licence or certificate:

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION a Authorized Activities Section 107

(a) in the case of the owner of a surface mine or quarry, the blending of ammonium nitrate and fuel oil at a blast site at the mine or quarry; (b) the manufacture of *small arms cartridges for sale,

and the storage of up to 225 kg of *explosives contained in the cartridges and up to 75 kg of propellant powder in bulk to be used in manufacturing the cartridges; (c) the manufacture of any explosives for the purpose

of conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution or by a law enforcement or government agency and the storage of up to 5 kg of the manufactured explosives; (d) the manufacture of any explosives for the purpose

of conducting an experiment, test or analysis by a private or commercial laboratory and the storage of up to 5 kg of the manufactured explosives; (e) the manufacture of consumer fireworks for personal use and the storage up to 25 kg of the manufactured fireworks; (f) the manufacture of display fireworks for personal use and the storage up to 25 kg of the manufactured fireworks; (g) the manufacture of rocket motors for personal use and the storage of up to 25 kg of manufactured rocket motors and propellant powder (combined quantity) to be used in manufacturing the motors; (h) the manufacture and storage of black powder charges for ceremonial use; (i) the preparation and storage of display fireworks at a location other than the site of the display; (j) the mixing of non-explosive components for the purpose of manufacturing *industrial explosives at the site where they will be used; (k) the preparation and packaging of assortments of

explosives for the purpose of sale by a person who does not hold a vendor magazine licence; or (l) any other activity relating to the manufacture and

storage of explosives (for example, assembling a netthrowing device for sale, re-packing deteriorated explosives or destroying explosives).

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION a Authorized Activities Sections 107-109

Transportation of black powder charges (2) For the purpose of transporting black powder charges manufactured under paragraph (1)(h), the charges are classified as UN 0027. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 14.

Acquisition 108 (1) A holder of a manufacturing certificate may acquire an *explosive if it is specified in the certificate and will be used to manufacture another explosive whose manufacture is authorized by the certificate. Storage (2) A holder of a division 2 factory licence or manufacturing certificate that authorizes the storage of an explosive must comply with the terms and conditions of the licence or certificate. The holder must also comply with the provisions that apply to storage in Parts 10 to 18. However, they are not required to comply with those provisions if the explosive is stored at the workplace.

Sale (3) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of an explosive for sale may sell that explosive. The holder must comply with the terms and conditions of the licence or certificate and with the provisions that apply to sale in Parts 10 to 18. Use (4) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of fireworks must comply with the provisions that apply to the use of fireworks in Parts 16 to 18. *

Terms preceded by an asterisk are defined in section 6.

SUBDIVISION B

Application Application for licence or certificate 109 (1) An applicant for a division 2 factory licence or a

manufacturing certificate 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 the application is for a licence or a certificate and must include the following information:

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION b Application Section 109

(a) the name, address, telephone number, fax number

and email address of both the applicant and a contact person; (b) the type of *explosive, and the quantity, to be manufactured or stored; (c) if the application is for a certificate, the period for

which the certificate is requested; (d) a description of the workplace, all equipment in the workplace that is related to the manufacture of explosives and all protective barriers in the workplace; (e) a description of all equipment in the workplace

that is not related to the manufacture of explosives, but could increase the likelihood of an ignition; and (f) the number of people authorized in the workplace

when explosives are present.

Site plan (2) The application must include a site plan that shows (a) the location of the workplace within any building

or structure; (b) the topography of any outdoor area included in

the workplace; (c) the location of the barriers and equipment described in paragraphs (1)(d) and (e); and (d) the distance in metres between the barriers and

equipment described in paragraphs (1)(d) and (e). (e) the location of the workplace within the locality; (f) the area surrounding the site that is exposed to the

hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site; (g) each *vulnerable place within that area; and (h) the distance in metres between the workplace and each vulnerable place.

Fees (3) The applicant for a division 2 factory licence or a

manufacturing certificate must pay the applicable fees set out in Part 19. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 110-113

SUBDIVISION C

Requirements for Holders Workplace Responsibilities of holder 110 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to the workplace set out in sections 111 to 115 are met in the workplace.

Means of escape 111 (1) The workplace must have a means of escape that will permit all people in the workplace to leave it quickly and easily in an emergency.

Lighting, electrical and heating systems (2) The lighting, electrical and heating systems that are

used in the workplace must not increase the likelihood of an ignition. Compatibility 112 (1) Every thing that is in a workplace must be made

from materials that are *compatible with the *explosives and raw material in the workplace. Incompatible things (2) However, a thing that is not compatible with an explosive or raw material in the workplace but is required for manufacturing may be brought to the workplace for immediate use. It must be removed as soon as the circumstances permit after its use, unless the division 2 factory licence or manufacturing certificate authorizes its storage in the workplace.

Open-flame device (3) An open-flame device or open-element electrical appliance must not be stored in a part of the workplace where explosives are being manufactured. *

Terms preceded by an asterisk are defined in section 6.

Activities prohibited 113 (1) When *explosives are being manufactured or

stored at a workplace, no other activities may be carried out there. Competent person (2) All manufacturing operations at the workplace must

be carried out by a competent person.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Section 113

Condition of workplace (3) The workplace must be kept clean, dry and organized. Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit to eliminate any possibility of an ignition. Foreign matter (4) If the likelihood of an ignition could be increased as a

result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing begins.

Containers (5) All raw material, *explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container. Disposal of waste and contaminated material (6) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

Removal of explosives (7) Unless the division 2 factory licence or manufacturing certificate provides otherwise, explosives must be removed as soon as the circumstances permit after they are manufactured from the part of the workplace where they were manufactured to the part of the workplace where they will be stored. Decontamination (8) A workplace that is no longer being used to manufacture explosives must be *decontaminated as soon as the circumstances permit. Contaminated equipment at the workplace must be decontaminated before it is removed. Thunderstorms (9) On the approach of a thunderstorm, all manufacturing operations in the workplace must be shut down and all people in the workplace must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 114-117

Maintenance 114 (1) Maintenance and repair work done at or to a

workplace, or to equipment in it, must be carried out by a competent person. Hazardous work (2) Any work that involves the use of a device that produces heat, flame or sparks or involves grinding or impact must be done in a manner that does not increase the likelihood of an ignition.

Warning sign 115 A sign that warns against unauthorized entry must be posted at each entrance to the workplace.

Labelling Responsibilities of holder 116 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the labelling requirements set out in section 117 are met at the workplace.

Information displayed on explosives 117 (1) The following information must be legibly

printed on each *explosive that is manufactured in the workshop, or if that is not possible, on a label affixed to the explosive or, if even that is not possible, on the packaging containing the explosive or a label affixed to its packaging: (a) the *product name of the explosive and the name

and address of the person who obtained its authorization; (b) the date on which the explosive was manufactured

and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured; and (c) instructions, in both English and French, for its

safe handling, storage, use and destruction. Information on packaging (2) The following information must be legibly printed on

the packaging containing the explosive or on a label affixed to its packaging: (a) the words “Ammunition/Munitions”, “Explosives/ Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Reloaded Cartridges/Cartouches rechargées”, as the case may be, on the outer packaging and any inner packaging;

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 117-120

(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. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 12, 39; SOR/2018-231, ss. 43, 44(F).

Safety of People at the Workplace Responsibilities of holder 118 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to personal safety set out in sections 119 and 120 are met at the workplace.

Supervision 119 Every person at a workplace, other than a worker,

must be kept under the direct supervision of a competent person at all times. Personal protective equipment 120 (1) Every person at a workplace must be required

to wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed. Hair, clothing and accessories (2) Every person at a workplace must be required to confine or cover any loose hair and to confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.

Electronic devices (3) Every person at a workplace must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition. Performance-diminishing substance (4) A person must not be authorized to enter the workplace if there are reasonable grounds to believe that they

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 120-122

are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may be authorized to enter if they have medical proof that the drug is needed and that it will not impede their ability to function safely.

No smoking (5) Smoking must be prohibited in the workplace.

No fire-producing devices (6) Fire-producing devices (for example, matches and

lighters) must not be permitted in the workplace unless they are authorized by the division 2 factory licence or manufacturing certificate.

Knowledge of the Workplace Responsibilities of certificate holder 121 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace. Qualifications 122 (1) A person must not be permitted to manufacture

explosives at a workplace unless they meet the following requirements: *

(a) they are a competent person; or (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

Competent person (2) A competent person is a person who meets the following requirements: (a) they are at least 18 years old; and (b) the holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 123-124

Record 123 A training record and a record of work experience

must be kept for each worker for two years after the date on which it is made.

Knowledge 124 A holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace: (a) the provisions of the Explosives Act and these

Regulations; (b) the terms and conditions of the licence or certificate, including the maximum quantity of *explosives and raw material and the maximum number of people authorized to be in the workplace at any one time; (c) all safety rules respecting the manufacture of explosives at the workplace; (d) the personal protective equipment that is needed to protect people from the hazards to which they could be exposed; (e) all emergency plans for the workplace, including the evacuation plan; (f) the hazards of, and safe handling practices for, the

explosives and raw material at the workplace; (g) the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility; (h) the operation of the equipment at the workplace; (i) the maintenance and repair of the equipment, including *decontamination; and (j) procedures for inspecting the workplace or equipment after maintenance and repair work has been done. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 125-127

Management of the Workplace Responsibilities of holder 125 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace. Operating procedures 126 Operating procedures must be put in place for each

of the following: (a) every activity specified in the division 2 factory licence or manufacturing certificate; (b) the destruction of *explosives, explosives waste

and explosives-contaminated material; (c) the management of spills and their clean-up; (d) the response to emergency situations; (e) the *decontamination of the workplace and all

tools and equipment. *

Terms preceded by an asterisk are defined in section 6.

Records 127 A record of each *explosive in the workplace (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive, (a) the *product name and a short description of the

explosive and its properties; (b) if the explosive was received, the quantity received and the date of reception; (c) if the explosive was used to manufacture an explosive, the quantity used and the date of use; (d) if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture; (e) if the explosive was stored, the quantity stored, the place in which it was stored and the dates on which it was placed in and removed from storage; (f) if the explosive was shipped from the workplace,

the quantity shipped, the date of shipment and the address of the person to whom it was shipped; and

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION c Requirements for Holders Sections 127-130

(g) if the explosive was destroyed at the workplace, the quantity destroyed and the date of destruction. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Copy — licence or certificate 128 (1) A copy of the division 2 factory licence or the

manufacturing certificate and all documents that are referred to in the licence or certificate must be kept at the workplace. Copy — Division 2 (2) A copy of this Division must be made available to workers at the workplace.

SUBDIVISION D

Requirements for People at a Workplace Visitors 129 (1) Before entering, a visitor to a workplace must

obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times. Performance-diminishing substance (2) A person must not enter a workplace if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to function safely.

Personal protective equipment 130 (1) Every person at a workplace must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

Hair, clothing and accessories (2) Every person at a workplace must confine or cover

any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 2 Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate SUBDIVISION d Requirements for People at a Workplace Sections 130-134

Electronic devices (3) Every person must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.

No smoking 131 A person must not smoke at a workplace.

Qualifications 132 (1) A person must not manufacture *explosives at a

workplace unless they meet the following requirements: (a) they are a competent person; or (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

Other tasks (2) A person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition. *

Terms preceded by an asterisk are defined in section 6.

DIVISION 3

Manufacturing that Does Not Require a Licence or Certificate Restriction 133 A person who manufactures an *explosive under the

authority of this Division must comply with Parts 10 to 18. *

Terms preceded by an asterisk are defined in section 6.

Experiments 134 (1) A school, college, university or other learning

institution, or a law enforcement or government agency, that complies with subsection (2) may manufacture up to 50 g of *explosives for the purposes of an experiment, demonstration, test or analysis.

Requirements (2) The institution or agency must ensure that the following requirements are met:

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 3 Manufacturing that Does Not Require a Licence or Certificate Sections 134-135.1

(a) the manufacturing must be carried out with the

consent of the management of the institution or agency by one of its employees or by a person who is at all times under the direct supervision of an employee; (b) the employee must know how to carry out the

manufacturing in a manner that minimizes the likelihood of harm to people and property and be aware of the precautions that must be taken to minimize the likelihood of harm to people and property; (c) every person who carries out the manufacturing must be at least 18 years old; (d) precautions that will eliminate any possibility of an accidental ignition must be taken; (e) explosives must not be removed from the location

where they are manufactured except for the purpose of destroying them; and (f) all explosives must be destroyed in a manner that

does not increase the likelihood of an accidental ignition during or after the destruction. *

Terms preceded by an asterisk are defined in section 6.

Assembling explosives for use 135 (1) A person who complies with subsection (2) may assemble *explosives by combining *explosive articles (for example, a detonator with a booster, a detonating cord with an explosive cartridge or fireworks with fireworks accessories) at the place where the explosives will be used.

Requirements (2) The person who carries out the activity must ensure

that the following requirements are met: (a) the explosive articles must be on the list of authorized explosives referred to in subsection 41(1); (b) the explosive articles must not be altered, except that cartridges may be cut or slit and detonating cord and fuses may be cut or trimmed; and (c) precautions that minimize the likelihood of an accidental ignition must be taken. *

Terms preceded by an asterisk are defined in section 6.

Christmas crackers 135.1 (1) A person who complies with subsection (2)

may assemble Christmas crackers.

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 3 Manufacturing that Does Not Require a Licence or Certificate Sections 135.1-136

Requirements (2) The person who carries out the activity must ensure

that the following requirements are met: (a) the snap to be used in the cracker must be on the

list of authorized *explosives referred to in subsection 41(1); (b) the amount of explosive in each cracker must be less than 2 mg; and (c) precautions that minimize the likelihood of an accidental ignition must be taken. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 15.

Underground activities 136 (1) A person who complies with subsection (2) may carry out any of the following activities underground at an underground mine or underground construction project: (a) pneumatically transferring *explosives; (b) pumping, thickening or gassing either emulsion explosives or water gel explosives while charging boreholes; or (c) blending emulsion explosives or water gel explosives with ammonium nitrate or ammonium nitrate/ fuel oil mixtures while charging boreholes.

Requirements (2) The person who carries out the activity must ensure

that the following requirements are met: (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1); (b) the equipment used to pump, thicken, gas or blend emulsion explosives or water gel explosives must be designed to minimize the likelihood of an ignition, including an ignition resulting from pumping against a blocked outlet or from running the pump without any feed; (c) all progressive cavity pumps must be equipped with at least two independent safety shutdown systems to prevent an excessive rise in temperature; (d) if the person is assisted by another person, the other person must be trained to operate the equipment;

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Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 3 Manufacturing that Does Not Require a Licence or Certificate Sections 136-138

(e) a preventive maintenance procedure must be put

in place for the equipment, including the pumps; (f) maintenance must be performed by workers who

are knowledgeable about the equipment to be maintained; and (g) precautions that minimize the likelihood of an ignition must be taken. *

Terms preceded by an asterisk are defined in section 6.

Pneumatic transfer of explosives 137 (1) A person who complies with subsection (2) may

pneumatically transfer *explosives at a surface mine or a quarry. Requirements (2) The person who carries out the activity must ensure

that the following requirements are met: (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1); (b) the device used for pneumatic charging must have a maximum capacity of 100 kg and the explosives used in the pneumatic charging must be in bags, each with a maximum capacity of 30 kg; and (c) precautions that minimize the likelihood of an ignition must be taken. *

Terms preceded by an asterisk are defined in section 6.

Multi-ingredient kits 138 (1) A person who complies with subsection (2) may

mix together the ingredients of a multi-ingredient kit.

Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the kit must be on the list of authorized *explosives

referred to in subsection 41(1); (b) the mixing must be carried out at the place where the explosive to be manufactured will be used; (c) precautions that minimize the likelihood of an ignition must be taken; (d) if the explosive to be manufactured is classified as

type F.3, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician; and

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 3 Manufacturing that Does Not Require a Licence or Certificate Sections 138-140

(e) if the explosive to be manufactured is a special

purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician or a licence issued under the Firearms Act. Note: Section 10 provides that a person must be at least 18 years old to carry out an *activity involving an explosive. *

Terms preceded by an asterisk are defined in section 6.

Spills or accidents 139 (1) A person who complies with subsection (2) may

remove *explosives from, or repackage explosives at, the site of an accident or spill. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) precautions that minimize the likelihood of an ignition must be taken; (b) any packaging used must prevent the explosives

involved from leaking or spilling and minimize the likelihood of an accidental ignition; and (c) the Chief Inspector of Explosives must be notified of the accident or spill within 12 hours after the removal or repackaging begins. *

Terms preceded by an asterisk are defined in section 6.

Emergency response assistance plan 140 (1) A person who complies with subsection (2) may

pump *explosives numbered UN 0332 and classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992. Requirements (2) The person who carries out the activity must ensure

that the following requirements are met: (a) written permission must be obtained from a holder of a division 1 factory licence that authorizes the manufacture of blasting explosives in bulk to store the pumped explosives at the holder’s factory and to *decontaminate the pumping equipment there; (b) an air-powered diaphragm pump that is safe for pumping the explosives must be used;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 5 Manufacturing Explosives DIVISION 3 Manufacturing that Does Not Require a Licence or Certificate Sections 140-143

(c) the explosives and contaminated equipment must

be stored at the factory; and (d) a copy of the follow-up report that is required under section 8.3 of the Transportation of Dangerous Goods Regulations must be submitted to the Chief Inspector of Explosives within 30 days after the date on which the explosives are pumped. *

Terms preceded by an asterisk are defined in section 6.

Industrial explosives 141 (1) A person who complies with subsection (2) may destroy deteriorated, expired or misfired *industrial explosives by placing them in a borehole with other *explosives and igniting the other explosives.

Requirements (2) The person who carries out the activity must ensure

that the following requirements are met: (a) the explosives to be destroyed and the other explosives must have similar properties (for example, similar density and propensity to detonate); and (b) the presence of the other explosives at the time of the ignition must not increase the likelihood of harm to people or property. *

Terms preceded by an asterisk are defined in section 6.

Destruction 142 A government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an *explosive if it does so in the course of its duties. *

Terms preceded by an asterisk are defined in section 6.

PART 6

Magazine Licences and Storage in a Licensed Magazine Overview 143 This Part sets out how to obtain a vendor magazine

licence, a user magazine licence or a user magazine zone

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Application Sections 143-145

licence. It also sets out the rules applicable to holders of these licences. Definitions 144 The following definitions apply in this Part.

distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. (établissement de distribution) magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. (site de poudrière) retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. (établissement de vente au détail) user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. (licence de poudriére (utilisateur)) user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. (licence de poudrière (utilisateur-zone)) vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. (licence de poudrière (vendeur)) SOR/2016-75, s. 13.

Application Application for magazine licence 145 (1) An applicant for a magazine licence 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 vendor magazine licence, a user magazine licence or a user magazine zone licence is requested and must include the following information:

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Application Section 145

(a) the name, address, telephone number, fax number

and email address of both the applicant and a contact person; (b) the address and geographical coordinates of the magazine site; (c) the number of magazines for which the licence is requested; (d) the quantity of each type of *explosive to be stored

in each magazine; (e) if the application is for a vendor magazine licence, an indication of whether the site will be a retail establishment or a distribution establishment; and (f) if the site will be a distribution establishment, an indication of whether explosives will be repackaged there.

Site plan (2) The application must include the following documents: (a) a plan of the magazine site that shows (i) the location of each magazine and each *vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, and (ii) the distance in metres between each magazine

at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and (b) if one or more magazines occupies only a part of a building or structure, a drawing that shows the location of each magazine in the building or structure and the location of each entrance to and exit from the room or area in which each magazine is located and to which the public has access.

Site description (3) The application must include the following information about the site:

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Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Application Section 145

(a) a description of the proposed use of the site and

the proposed use of each building and structure at the site; (b) the distance in metres between each magazine and any potential source of ignition at the site; (c) the distance in metres between each magazine at

the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; (d) the minimum distance in metres that must be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time; (e) a description of the safety and security features of

the site (for example, signs, alarm systems, barriers, fencing and berms); and (f) for each magazine at the site, (i) the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources, (ii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time or, if the magazine does not correspond to any of those types, its specifications, including its construction materials and its safety and security features, and (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 m.

Fire safety plan (4) The application must include a fire safety plan that sets out (a) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire; (b) the emergency procedures to be followed in case of a fire, including (i) activation of the alarms,

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Application Section 145

(ii) notification of the fire department, and (iii) evacuation procedures, including evacuation routes and safe assembly places; (c) the circumstances in which a fire should or should

not be fought and a procedure for determining whether a fire should be fought; and (d) the measures to be taken to train employees in the

measures, procedures and circumstances described in the plan.

Site security plan (5) If type E, I or D explosives are to be stored at the site,

the application must include a security plan that includes (a) an assessment of the security risks resulting from the presence of explosives at the site; (b) a description of the measures to be taken to minimize those risks; (c) a description of the procedures to be followed in

response to security incidents; and (d) a description of the procedures to be followed to report security incidents.

Marine flare destruction plan (6) If the site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, the application must include a plan for destroying expired marine flares that are returned to the site. The plan must set out where and how the marine flares will be stored and destroyed.

Identifier (7) Every magazine and vulnerable place that is shown

on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description. Scale drawing (8) Every drawing or plan must be drawn to scale or be a

reasonable approximation of actual distances and dimensions and must include a legend.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Application Sections 145-147

Initial site (9) If the application is for a user magazine zone licence,

the requirements of subsections (1) to (8) apply to the initial magazine site. Fees (10) An applicant for a magazine licence must pay the applicable fees set out in Part 19. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 40, 41.

Requirements for Holders of Magazine Licences Responsibilities of licence holder 146 A holder of a magazine licence must ensure that the

requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.

Acceptable distance requirement 147 (1) Every magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present.

Criteria — acceptable distance (2) In the case of a vendor magazine licence and a user

magazine licence, acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of * explosives to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.

Criterion — user magazine zone licence (3) In the case of a user magazine zone licence, acceptable distance is the minimum distance in metres to be maintained between each magazine at the site and each * vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 38, 40.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of Magazine Licences Sections 148-150

Structural requirements 148 Every magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of *explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise. *

Terms preceded by an asterisk are defined in section 6.

Authorized storage 149 (1) An *explosive may be stored in a magazine only

if the licence authorizes the storage of that explosive in that magazine. Other materials and equipment (2) Materials and equipment may be brought into or

stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition. *

Terms preceded by an asterisk are defined in section 6.

Stacking 150 (1) Packages and containers of *explosives must be

stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

Prohibited use of packages (2) Packages and containers of explosives must not be used as supports for conveyors or ramps.

Air circulation (3) There must be enough space between the stacks of explosives, the walls, the ceiling and the ventilation openings to permit air circulation.

Opening packages (4) Packages or containers that are made from wood or

have metal fasteners or strapping must not be opened in a magazine. Other packages or containers may be opened in a magazine for inspection or to remove explosives, but they must be opened one at a time. Opened packages (5) Any package or container of explosives that has been opened outside a magazine must be dry, clean and free of grit and other contamination before it is taken into the magazine. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of Magazine Licences Sections 151-153

Fire prevention 151 (1) Precautions must be taken that minimize the

likelihood of fire in or near a magazine.

No smoking (2) Smoking must be prohibited in a magazine.

Thunderstorms (3) On the approach of a thunderstorm, all people in a magazine must be immediately moved to a safe place and until the storm passes must not be permitted to return.

Prohibited activities 152 The following activities must not be carried out inside a magazine unless the magazine licence authorizes them to be carried out there: (a) packing or repacking *explosives; (b) adding a detonator to, or inserting a detonator in,

an explosive; (c) assembling explosive components; (d) uncoiling the leg wires of, or removing the shunt from, an electric detonator or an electric initiator; (e) opening a package or container of explosives to expose an *explosive substance; or (f) stripping, cutting or slitting the wrapping of an *explosive article to expose an explosive substance. *

Terms preceded by an asterisk are defined in section 6.

Unlocked magazine 153 (1) A magazine must be *attended in person when it

is unlocked. Key control plan (2) A key control plan that includes the following requirements must be put in place for each magazine: (a) every key to the magazine must be numbered; (b) a person may have possession of a key to the magazine only if they are named in the plan;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of Magazine Licences Sections 153-155

(c) the number of people named in the plan must not

exceed the number necessary for the operation of the magazine; (d) each key must be kept in a locked and secure location when it is not in the possession of a person named in the plan; and (e) in the case of an *industrial explosive or a type D

explosive, the lock on the magazine must be of a type for which keys can be obtained only from the lock’s manufacturer or a certified locksmith designated by the manufacturer. Change of circumstances (3) The plan must be updated to reflect any change in

circumstances that could adversely affect the security of the magazine site. Lost or stolen key (4) If a key is lost or stolen, the lock must be immediately replaced. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 14.

Fire safety plan 154 (1) A copy of the fire safety plan included in the licence application must be sent to the local fire department and made available to employees. Change of circumstances (2) The plan must be updated to reflect any change in circumstances that could adversely affect the safety of the site. A copy of the updated plan must be sent to the local fire department as soon as the circumstances permit.

Site security plan 155 (1) If a site security plan is included in the licence application, it must be implemented.

Change of circumstances (2) The plan must be updated to reflect any change in

circumstances that could adversely affect the security of the magazine site. A copy of the updated plan must be sent to the Chief Inspector of Explosives as soon as the circumstances permit. Copy of plan (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of Magazine Licences Sections 156-158

Storage record 156 A record for each magazine must be kept for two

years after the date on which it is made. The record must include (a) each type of *explosive that is stored; (b) the quantity of each type of explosive that is stored; and (c) the dates on which each explosive was placed in

and removed from the magazine. *

Terms preceded by an asterisk are defined in section 6.

Maintenance of magazine 157 (1) A magazine must be kept clean, dry and organized. Any spill, leakage or other contamination must be cleaned up immediately. Combustible material (2) A magazine must be kept free of grit, combustible or

abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might spontaneously combust. Lighting, electrical fixtures and wiring (3) The lighting (including portable lighting), electrical

fixtures and wiring systems that are used in a magazine must not increase the likelihood of an ignition. All portable lighting must be impact-resistant.

Repairs to magazine 158 (1) Before any repair work that could increase the

likelihood of an ignition begins in or on a magazine, the * explosives in the magazine must be either (a) put into another magazine; or (b) taken to a location where the presence of the explosives will not increase the likelihood of harm to people or property, the explosives are protected from weather and the repair work will not cause an ignition.

Attendance of explosives (2) Any explosives that are not put into another magazine must be *attended in person.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of Magazine Licences Sections 158-160

Putting explosives back (3) Explosives must not be returned to a magazine until the repairs to the magazine no longer increase the likelihood of an ignition. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 15.

Interior sign 159 A sign that indicates the type of *explosives, and the

maximum quantity of each type, that may be stored in the magazine, as specified in the licence, must be posted inside every magazine in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Deteriorated explosives 160 (1) The *explosives in a magazine must be checked

regularly for signs of deterioration and to ensure that the manufacturer’s expiry date has not passed.

Marking (2) Every deteriorated, expired or misfired explosive

must be clearly marked “Deteriorated/Détérioré” or “Expired/Périmé” or “Misfired/Raté”, as the case may be. Destruction of deteriorated, expired or misfired explosives (3) Explosives that have deteriorated, expired or misfired must be safely destroyed as soon as the circumstances permit. However, explosives that have deteriorated to the extent that they are unstable or in a very dangerous condition must be destroyed immediately in a manner that does not increase the likelihood of an accidental ignition during or after the destruction. Authorization required (4) Subsection (3) does not authorize a person to destroy

deteriorated, expired or misfired explosives. The destruction must be authorized by these Regulations or otherwise under the Explosives Act. Storage until destruction — normal hazard (5) A deteriorated, expired or misfired explosive may be

stored in a magazine with other *compatible explosives if the storage would not increase the likelihood of an ignition.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of Magazine Licences Sections 160-162

Storage until destruction — more than normal hazard (6) A deteriorated, expired or misfired explosive must be

stored in a magazine that does not contain other explosives if storing it with other explosives could increase the likelihood of an ignition. *

Terms preceded by an asterisk are defined in section 6.

Person in possession of key 161 A person who is in possession of a key that is subject to a key control plan referred to in subsection 153(2) must not duplicate the key. After using it, the person must return the key to a locked location to which access is controlled.

Requirements for Holders of User Magazine Zone Licences Notice of change of site 162 (1) When the storage of explosives that is authorized by a user magazine zone licence is moved to a new site, within 24 hours after the move the holder of the licence must complete, sign and send a notice of change of site, in the form provided by the Department of Natural Resources, to the Minister, to the police force in the locality of the previous site and to the police force in the locality of the new site. The notice must be dated and include the following information: (a) the name, address, telephone and cellphone number, fax number and email address of both the licence holder and a contact person; (b) the holder’s licence number and its expiry date; (c) the name, telephone number and cellphone number of the person who is responsible for the new site; (d) the date on which the storage of explosives began

at the new site; (e) the geographic coordinates of the previous and

new sites; (f) the directions by road to the new site; (g) the safety and security features of the new site (for

example, signs, alarm systems, barriers, fencing and berms); and (h) a list of the magazines to be used at the new site

that sets out

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 6 Magazine Licences and Storage in a Licensed Magazine Requirements for Holders of User Magazine Zone Licences Sections 162-163

(i) in the case of a magazine that has been moved, its number, letter or distinctive name as shown on the previous site plan, (ii) its tag number, if any, (iii) the applicable magazine type number, as set

out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time, and (iv) each type of *explosive, and the quantity of each type, to be stored.

Site plan (2) The notice must include a site plan that shows (a) the location of each magazine and each *vulnerable

place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored; (b) the distance in metres between each magazine at

the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and (c) the minimum distance in metres to be maintained

between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances, as amended from time to time. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 16, 41, 42(E), 43(F).

Copy of licence and notice 163 The holder must ensure that a copy of the user magazine zone licence and of the notice are posted in each magazine. SOR/2016-75, s. 17(F).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 7 Provisions of General Application Sections 164-167

PART 7

Provisions of General Application Overview 164 This Part sets out certain terms and conditions that

apply to holders of the documents (licences, permits and certificates) issued by the Minister under section 7 of the Explosives Act. It also sets out the procedures for changing or renewing these documents and provides for their suspension and cancellation. SOR/2016-75, s. 38.

Terms and Conditions Authorized activities 165 (1) A holder of a licence, permit or certificate may

carry out any *activity involving an explosive that is authorized by the document and must do so in the manner specified in it. Responsibility of holder (2) The holder must ensure that their employees and

other workers carry out the activities authorized by the document in the manner specified in it. *

Terms preceded by an asterisk are defined in section 6.

Presentation of licence, permit or certificate 166 A holder of a licence, permit or certificate must present their document for review at the request of a peace officer.

Fire 167 (1) A holder of a licence, permit or certificate must

immediately inform the local fire department of any fire that involves an *explosive under their control.

Incidents (2) A holder of a licence, permit or certificate must inform an inspector as soon as the circumstances permit of any of the following incidents that involves an explosive under their control: (a) the theft, attempted theft or loss of an explosive; (b) a fire, spill or accidental explosion; (c) an injury or death; or

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 7 Provisions of General Application Terms and Conditions Sections 167-169

(d) any accidental property damage.

Report (3) The holder must provide the Chief Inspector of Explosives with a detailed follow-up report about the incident as soon as the circumstances permit. The report must include the likely cause of the incident and the steps that the holder will take to prevent such an incident from happening again. *

Terms preceded by an asterisk are defined in section 6.

Destruction of explosives 168 A holder of a licence, permit or certificate who has

not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the *explosives under their control for which a licence, permit or certificate is required (a) are destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction; (b) are returned to the person from whom they were bought; or (c) are delivered to a holder of a factory licence that

authorizes storage of those explosives. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 16.

Decommissioning plan — factory 169 (1) Before decommissioning a factory, a holder of a

division 1 factory licence must send a written decommissioning plan to the Minister. Decommissioning plan — magazine (2) Before decommissioning a workplace or magazine, a

holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decomissioning plan to the Minister if the workplace or magazine contains any *explosive residue.

Contents of plan (3) A decommissioning plan must include a description of the safety measures that the holder will take to minimize the likelihood of harm to people or property during and after the decommissioning.

Additional safety measures (4) The Minister may require the holder to implement

additional safety measures that are necessary to minimize the likelihood of harm to people or property.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 7 Provisions of General Application Terms and Conditions Sections 169-170

Responsibility of holder (5) The holder must implement the decommissioning

plan and ensure that the factory, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the factory or magazine is decommissioned. They must inform the Minister when the decommissioning is complete. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 38, 44(F).

Annual report 170 (1) For any calendar year during which a holder of a factory licence, an import or export permit or a manufacturing certificate carries out an *activity involving an explosive of type E, I or D, the holder must submit a report to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The report must include, for each *explosive, (a) its UN number; (b) for each UN number, the quantity of explosive that was acquired, *manufactured, imported, exported, used, sold, lost, stolen or destroyed during the calendar year; and (c) the quantity of each explosive in the holder’s inventory on December 31 of the calendar year or, if the holder ceased operations during the year, on the date on which operations ceased.

Submission (2) The report must be submitted (a) when the holder applies to renew their licence, permit or certificate, if the application for renewal is between the end of the calendar year and March 31 of the following year; or (b) on or before March 31 of the year following the

calendar year if the holder has not applied for a renewal before that day. Exception (3) Subsections (1) and (2) 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. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 18; SOR/2018-231, s. 17.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 7 Provisions of General Application Terms and Conditions Sections 171-172

Suspension of activity 171 A licence holder who intends to suspend an activity for which their licence was issued must, no later than 14 days before the date on which the suspension is to begin, give the Minister written notice of the date of suspension and the anticipated date, if any, for resuming the activity. SOR/2016-75, s. 38.

Amendment and Renewal Amendment or renewal with amendment 172 (1) An applicant for an amendment of a licence,

permit or certificate, or for a renewal with amendment, 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 the amendment requested is to a licence, a permit or a certificate and must include the following information: (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person; (b) the number of the applicant’s licence, permit or certificate; (c) the amendment requested; and (d) all the information that differs from that provided

in the previous application. Renewal without amendment (2) An applicant for a renewal without amendment of a licence, permit or certificate must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the name, address, telephone number, fax number

and email address of both the applicant and a contact person; and (b) the number of the applicant’s licence, permit or certificate.

Exception (3) Despite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 7 Provisions of General Application Amendment and Renewal Sections 172-173

Fees (4) An applicant must pay the applicable fees set out in

Part 19.

Suspension and Cancellation Suspension 173 (1) The Chief Inspector of Explosives may suspend

a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act, these Regulations or any term or condition of the document. The suspension continues until the measures required to bring the holder into compliance are taken.

Cancellation (2) The Chief Inspector may cancel a licence, permit or

certificate if the holder (a) fails more than one time to comply with the Explosives Act, these Regulations or any term or condition of the document; or (b) jeopardizes the safety of the public or the holder’s

employees by failing to follow the practices of the *explosives industry. Procedure (3) Before suspending or cancelling a licence, permit or

certificate, the Chief Inspector must provide the holder with written notice of the reasons for the suspension or cancellation and its effective date and give them an opportunity to provide reasons why the licence, permit or certificate should not be suspended or cancelled.

Review by Minister (4) The holder may request that the Minister review the Chief Inspector’s decision to suspend or cancel. The request must be made in writing within 15 days after the Chief Inspector has given the holder notice of the decision. The Minister must confirm, revoke or amend the decision. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening Sections 174-175

PART 8

Screening Overview 174 This Part sets out the screening requirements for

people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to *manufacture, store, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval. *

Terms preceded by an asterisk are defined in section 6.

SOR/2013-211, s. 502.

Definitions 175 (1) The following definitions apply in this Part.

approval letter means an approval letter issued by the Minister under section 183. (lettre d’approbation) certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. (certificat) equivalent document means (a) a permis général issued under Quebec’s An Act respecting explosives, as amended from time to time; (b) a FAST card (free and secure trade card) issued by

the Canada Border Services Agency; (c) a NEXUS card issued by the Canada Border Services Agency; (d) a Firearms Possession and Acquisition Licence issued under the Firearms Act; or (e) a security clearance issued by Public Services and Procurement Canada to individuals working for or on behalf of entities that are registered in its Contract Security Program. (document équivalent)

high hazard explosive refers to (a) military explosives or law enforcement explosives

(type D); (b) high explosives (type E); or (c) initiation systems (type I). (explosif à risque élevé)

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening DIVISION 1 Application for Licence, Permit or Certificate Sections 175-177

licence means a licence that authorizes the storage of a high hazard explosive. (licence) permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. (permis)

Access (2) A person is considered to have access to a high hazard explosive if it is possible for them to come into contact, even momentary contact, with such an explosive. SOR/2013-211, s. 503; SOR/2016-75, s. 38; SOR/2018-231, s. 18.

DIVISION 1

Application for Licence, Permit or Certificate [SOR/2013-211, s. 507]

Approval letter or equivalent document 176 (1) An individual who applies for a licence, permit or certificate or for the renewal of one must include with their application proof that they have an approval letter or equivalent document.

List of employees (2) Every applicant for a licence, permit or certificate, or

for the renewal of one, must also include a list of their employees who are required by this Part to have an approval letter and must indicate whether the employee has applied for the letter and whether it has been received. SOR/2013-211, s. 507(E); SOR/2016-75, ss. 19, 45(F).

Issuance of document 177 The Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document. SOR/2013-211, ss. 507(E), 508(F); SOR/2016-75, ss. 20, 44(F); SOR/2018-231, s. 19.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening DIVISION 2 Approval Letters Sections 178-179

DIVISION 2

Approval Letters Requirements for Holders of a Licence, Permit or Certificate [SOR/2013-211, s. 507]

Approval letter required 178 (1) A holder of a licence, permit or certificate must

ensure that an approval letter or equivalent document is held by every employee, director or contractor who, in carrying out their functions for the holder, (a) has access to a high hazard explosive; (b) permits others to have access to a high hazard explosive; or (c) controls, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive.

Control over others (2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they control, directly or indirectly, a person who, in carrying out their functions for the holder, has access to a high hazard explosive. SOR/2013-211, s. 507; SOR/2016-75, s. 45(F).

Access prevented 179 (1) A holder of a licence, permit or certificate must

ensure that a person who does not have an approval letter or an equivalent document does not have access to a high hazard explosive that is being *manufactured, stored, sold, imported, exported or transported by the holder. Exception — supervised person (2) Subsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and was either refused or is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document. *

Terms preceded by an asterisk are defined in section 6.

SOR/2013-211, s. 504.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening DIVISION 2 Approval Letters Requirements for Holders of a Licence, Permit or Certificate Sections 180-183

Visitors 180 A holder of a licence or certificate must ensure that

a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document. SOR/2013-211, s. 505.

Exception — peace officers, etc. 181 Subsection 179(1) and section 180 do not apply in

respect of the following people when they are acting in the course of their duties: (a) a peace officer; (b) an employee of the federal government; or (c) an inspector appointed under the Explosives Act.

Application for Approval Letter Application 182 (1) A person may apply for an approval letter by completing, signing and sending to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the applicant’s name, address, telephone number

and email address; (b) the applicant’s date of birth; and (c) if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number, fax number and email address and, if applicable, the name of the applicant’s supervisor.

Criminal record check (2) The application must include the original of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister. SOR/2013-211, s. 507; SOR/2016-75, s. 38.

Issuance of letter 183 (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2), the Minister must issue a dated approval letter to the

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening DIVISION 2 Approval Letters Application for Approval Letter Section 183

applicant and send a copy of the letter to any holder of a licence, permit or certificate mentioned in the application. Refusal (2) The Minister must refuse to issue an approval letter

and must give the applicant written notice of the refusal, and the reasons for the refusal, if the applicant’s criminal record check reveals any of the following circumstances: (a) the applicant is subject to a court order prohibiting them from possessing any *explosives; (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).

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening DIVISION 2 Approval Letters Application for Approval Letter Sections 183-185

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.

Disposition on review (4) After reviewing the new information or documents, the Minister must (a) issue the approval letter 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, and send a copy of the notice to any licence, permit or certificate holder mentioned in the application, if the information on which the refusal was based is correct.

Review not requested (5) If the applicant does not request a review, the Minister must, at the end of the period mentioned in subsection (3), send a copy of the notice of refusal to any licence, permit or certificate holder mentioned in the application. *

Terms preceded by an asterisk are defined in section 6.

SOR/2013-211, s. 507; SOR/2016-75, ss. 38, 44(F).

Period of validity 184 An approval letter remains valid for five years after the date on which it is issued.

Copy of letter 185 (1) A person who has been issued an approval letter

may (a) obtain a copy of the letter by sending a request to

the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; or (b) have a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address.

Verification (2) A holder of a licence, permit or certificate who wishes

to verify that a director or employee of the holder, or a person seeking employment from the holder, has an

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 8 Screening DIVISION 2 Approval Letters Application for Approval Letter Sections 185-188

approval letter must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the name, address, telephone number, fax number and email address of both the holder and a contact person; (b) the name and date of birth of the person whose

approval letter is to be verified; and (c) that person’s written consent, witnessed and

signed by a witness. SOR/2013-211, s. 507.

PART 9

Transporting Explosives Overview 186 This Part sets out the requirements for transporting

explosives, including in transit transportation and the loading and unloading of explosives, that must be met by owners, shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply. *

*

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 20.

Definitions 187 The following definitions apply in this Part.

carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur) shipper means a person who arranges for a carrier, prepares the *explosives for transport and delivers them to the carrier. (expéditeur) *

Terms preceded by an asterisk are defined in section 6.

Explosive quantity 188 A reference to the mass of an *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 *explosive article, also excluding any component that is not an *explosive substance), except in section 190 where it is a reference to its gross

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Exemption of Certain Explosives Sections 188-190

quantity (the mass of the explosive plus the mass of any packaging or container). *

Terms preceded by an asterisk are defined in section 6.

Driver who is not a carrier 189 A driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.

Exemption of Certain Explosives [SOR/2018-231, s. 21]

List of explosives 190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport (a) no more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED; (b) no more than 150 kg of an explosive with the number (i) UN 0161, POWDER, SMOKELESS, (ii) UN 0186, ROCKET MOTORS, (iii) UN 0191, SIGNAL DEVICES, HAND, (iv) UN 0197, SIGNALS, SMOKE, (v) UN 0276, CARTRIDGES, POWER DEVICE, (vi) UN 0312, CARTRIDGES, SIGNAL, (vii) UN 0336, FIREWORKS, (viii) UN 0351, ARTICLES, EXPLOSIVE, N.O.S., (ix) UN 0403, FLARES, AERIAL, (x) UN 0431, ARTICLES, PYROTECHNIC, (xi) UN 0453, ROCKETS, LINE THROWING, (xii) UN 0499, PROPELLANT, SOLID, (xiii) UN 0501, PROPELLANT, SOLID, (xiv) UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS, (xv) UN 0505, SIGNALS, DISTRESS, (xvi) UN 0509, POWDER, SMOKELESS; or

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Exemption of Certain Explosives Section 190

(c) any quantity of an explosive with the number (i) UN 0012, CARTRIDGES, SMALL ARMS, (ii) UN

0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK, (iii) UN 0044, PRIMERS, CAP,

(iv) UN

0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER, (v) UN 0105, FUSE, SAFETY,

(vi) UN 0131, LIGHTERS, FUSE, (vii) UN 0173, RELEASE DEVICES, EXPLOSIVE, (viii) UN 0323, CARTRIDGES, POWER DEVICE; (ix) UN 0337, FIREWORKS, (x) UN 0373, SIGNAL DEVICES, HAND, (xi) UN 0404, FLARES, AERIAL, (xii) UN 0405, CARTRIDGES, SIGNAL, (xiii) UN 0432, ARTICLES, PYROTECHNIC, (xiv) UN 0454, IGNITERS, (xv) UN 0506, SIGNALS, DISTRESS, or (xvi) UN 0507, SIGNALS, SMOKE.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Exemption of Certain Explosives Sections 190-191

Requirements (2) However, the carrier and driver must ensure that the

explosives are transported in a package or container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized. SOR/2016-75, s. 21; SOR/2018-231, s. 22.

Transporting Explosives in a Vehicle Vehicle requirements 191 (1) A carrier of *explosives by vehicle must ensure that the portion of the vehicle that contains the explosives (a) is either an intermodal container or is fully enclosed and fire resistant; and (b) is kept locked except when the explosives are being loaded or unloaded.

Vehicle kept locked (2) The driver of the vehicle must also ensure that the

portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded. Towed vehicle (3) A carrier of explosives must not transport explosives

in a towed vehicle unless (a) the explosives are in a semi-trailer attached to a

truck tractor or in a fifth-wheel trailer; or (b) the explosives are in a trailer that is part of a road

train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken. Exception (3.1) Subsection (3) does not apply to (a) the transportation of explosives at a mine site or quarry; or (b) the transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) and ensures that the quantity of fireworks transported

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Section 191

in the towed vehicle does not exceed 750 kg and precautions have been taken to minimize the sway of both vehicles. Oversized load (4) If an *explosive article or equipment that is contaminated with an *explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and covered.

Application for permit (5) A carrier who applies for a permit to use a flatbed to

transport an explosive article or equipment that is contaminated with an explosive substance must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the applicant’s name, address, telephone number,

fax number and email address; (b) the licence plate number and vehicle identification number of the flatbed; (c) the number of the division 1 factory licence or

magazine licence that authorizes the *manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported; (d) a description of the explosive article or contaminated equipment; and (e) a description of the method to be used to cover the article or equipment and to secure it to the flatbed.

Iron or steel parts (6) If an iron or steel part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport so as to increase the likelihood of an ignition, the carrier must ensure that the part is covered with material that will prevent the contact, unless the iron or steel is part of the means of containment for in bulk transportation of the explosives numbered

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Section 191

(a) UN 0331, EXPLOSIVE, BLASTING, type B; or (b) UN 0332, EXPLOSIVE, BLASTING, type E.

Vehicle transporting more than 2 000 kg of explosives (7) If the vehicle will be used to transport more than 2

000 kg of explosives, the carrier must ensure that the vehicle is not gasoline-powered. The carrier must also ensure that the fuel tank and fuel lines are not located in, under, beside or over the portion of the vehicle that contains the explosives, unless there is no possible alternative and precautions that minimize the likelihood of an ignition have been taken.

Fire extinguishers (8) The carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.

Heater and lights (9) The carrier must ensure that the portion of the vehicle that contains explosives does not have a heater or light — other than a heater or light installed in the portion of the vehicle occupied by the driver — unless the Minister determines that (a) a heater or light is required because of the properties of the explosives or the operations to be carried out in the vehicle; and (b) precautions that minimize the likelihood of an ignition have been taken.

Refrigeration and climate control systems (10) The carrier must ensure that the portion of the vehicle that contains explosives does not have a refrigeration or climate-control system with its own fuel tank unless (a) the fuel system is drained and purged or removed

and any battery is isolated by a cut-off switch or removed; or (b) the Minister determines that (i) the system has to be operational because of the

properties of the explosives or the operations to be carried out in the vehicle, and (ii) precautions that will minimize the likelihood of an ignition have been taken.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 191-192

Hot components of exhaust system (11) The carrier must ensure that the portion of the vehicle that contains explosives is protected from any component of an exhaust system that could, by heating up, increase the likelihood of an ignition. Dangerous goods safety marks (12) The carrier and the driver must ensure that any

dangerous goods safety marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38; SOR/2018-231, s. 23.

Detonators 192 (1) When detonators are to be transported in a vehicle that contains other *explosives, the shipper and the carrier must ensure that no more than 20 000 detonators will be transported with the other explosives. They must also ensure that (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the detonators are stowed apart from the other explosives so that an explosion of one or more detonators will not ignite any of the other explosives; and (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the detonators are stowed in a container in or compartment of the vehicle that is fully enclosed, cannot be accessed from the portion of the vehicle that contains the other explosives and will prevent the detonators from exploding during a fire for at least one hour.

Damaged or deteriorated explosives (2) The shipper and the carrier must not transport damaged or deteriorated explosives unless the Minister determines that the explosives must be transported to another location for the purpose of storing them, making them fit for use, remaking or repairing them or destroying them and that precautions that minimize the likelihood of an ignition have been taken.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 192-193

Items transported with explosives (3) The shipper and the carrier must ensure that things

other than explosives are not transported with explosives unless (a) in the case of a vehicle that contains no more than

2 000 kg of explosives, the things are stowed, or separated from, the explosives so as to minimize the likelihood of an ignition; and (b) in the case of a vehicle that contains more than 2

000 kg of explosives, the vehicle has been authorized to transport the things by a permit issued by the Minister under paragraph 7(1)(b) of the Explosives Act and the permit is in the vehicle. Permit to transport non-explosive items (4) A shipper or a carrier who applies for a permit to

transport things other than explosives in a vehicle that will contain explosives must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the applicant’s name, address, telephone number, fax number and email address; (b) a list of the non-explosive items to be transported

with the explosives in the vehicle; and (c) the precautions that will be taken to eliminate any

possibility of an ignition. Limit for road trains on ice roads (5) In the case of a road train travelling over ice roads,

the carrier must ensure that no more than 20 000 kg of explosives are transported in any trailer forming part of the train. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

Sound mechanical condition 193 (1) The carrier must ensure that the vehicle to be

used to transport *explosives is in sound mechanical condition and capable of safely transporting explosives.

Combustible material (2) The carrier and the driver must ensure that the portion of the vehicle containing explosives is free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might ignite spontaneously.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 193-194

Inspection (3) The driver must ensure that the vehicle, while transporting explosives, is inspected daily to verify that the following requirements are met: (a) the fire extinguishers are filled and in good working order; (b) the electric wiring is completely insulated and firmly secured; (c) the fuel tank and fuel lines have no leaks; (d) the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease; (e) the brakes and steering apparatus are in good condition; and (f) the tires are not worn smooth or visibly defective.

Correcting deficiencies (4) The driver must ensure that any deficiencies found

on the vehicle during an inspection are corrected before it is used to transport explosives. *

Terms preceded by an asterisk are defined in section 6.

Loading and unloading 194 (1) The carrier must ensure that, while *explosives

are being loaded into or unloaded from a vehicle, precautions that minimize the possibility of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

Precautions (2) The carrier must ensure that precautions are taken

that will prevent unauthorized people from having access to the explosives during loading or unloading and that will prevent any person in the immediate vicinity from doing anything that could increase the likelihood of an ignition. Fuel, oil and tire pressure check (3) The carrier must ensure that the vehicle is fuelled,

the oil level and tire pressure are checked and all required servicing of the vehicle is carried out before the loading of explosives begins.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 194-196

Engine turned off and brakes set (4) During the loading or unloading of explosives, the

driver must ensure that the engine is turned off and the brakes are set. However, the engine may be left running if it is needed to operate a power take-off or if cold and wind conditions could make restarting the engine difficult.

No stopping (5) The carrier must ensure that once the loading or unloading begins, it continues without stopping until it is completed.

Throwing or dropping explosives (6) The carrier must ensure that packages or containers

of explosives are not thrown or dropped during the loading or unloading of explosives. Securing explosives (7) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported. *

Terms preceded by an asterisk are defined in section 6.

Confirmation — shipper 195 (1) Before delivering the *explosives to the carrier,

the shipper must obtain confirmation from the intended recipient that the explosives will be (a) used on the same day they are delivered and *attended in person until they are used; (b) stored in a factory magazine, licensed magazine,

storage unit or dwelling in accordance with these Regulations; or

*

(c) shipped immediately to the next recipient.

Confirmation — carrier (2) A carrier must not load explosives into a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 22.

Age of driver 196 (1) A person who is less than 21 years old must not

drive a vehicle that is transporting more than 2 000 kg of explosives.

*

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Section 196

No smoking (2) A person must not smoke while they are in a vehicle

that contains explosives, or while they are *attending one. Performance-diminishing substance (3) A person who is under the influence of alcohol or another performance-diminishing substance must not be in or attend a vehicle that contains explosives. However, a person who has taken a prescription drug may be in or attend a vehicle containing explosives if they have medical proof that they need the drug and that it will not impede their ability to function safely.

Performance-diminishing substance — possession (4) A driver and any person assisting the driver must not

carry alcohol or another performance-diminishing substance for their personal use while transporting explosives. No stopping on route (5) The driver of a vehicle transporting explosives must not stop en route unnecessarily. If a stop is necessary, the driver must stop for no longer than required under the circumstances and must park the vehicle away from areas where people gather.

Repairs (6) In the case of a mechanical breakdown of a vehicle

transporting explosives, the driver must ensure that repairs to the vehicle are done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and that the work is done by a person who understands the hazards to which they could be exposed and who is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the vehicle. Route (7) The driver of a vehicle transporting explosives must follow dangerous goods routes. If there are no dangerous goods routes, the driver must, if possible, avoid routes that pass through densely populated areas.

Maintaining separation (8) A driver of a vehicle transporting more than 2 000 kg

of explosives must maintain a distance of at least 300 m between their vehicle and any other vehicle that is transporting more than 2 000 kg of explosives.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 196-198

Towed vehicle (9) Except at a mine site or quarry, the driver of a vehicle

transporting explosives must ensure that the vehicle is not towed unless the Minister or a police officer directs that it be towed because of an emergency or a breakdown. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38; SOR/2018-231, s. 24.

Obtaining assistance 197 The carrier must ensure that the driver of a vehicle

transporting more than 2 000 kg of *explosives is able to rely on assistance from one or more of the following people: (a) an assistant who is accompanying the driver; (b) a person who is in another vehicle that is not

transporting explosives following the vehicle transporting explosives and with whom the driver is in constant communication; (c) a person who is monitoring a two-way radio or

equivalent communication system. *

Terms preceded by an asterisk are defined in section 6.

Tracking and communication systems 198 (1) If a vehicle — other than a vehicle in which a

manufacturing operation may be carried out — is used to transport 1 000 or more detonators or at least 2 000 kg of an *explosive that is listed in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system. *

Listed explosives (2) The tracking and communication system is required if the vehicle is transporting explosives that are classified under the Transportation of Dangerous Goods Regulations as follows: (a) Class 1, Division 1, 2 or 3; (b) Class 1, Division 4 with one of the following UN

numbers: (i) UN 0104, CORD DETONATING, MILD EFFECT

or FUSE DETONATING, MILD EFFECT, (ii) UN 0237, CHARGES, SHAPED, FLEXIBLE,

LINEAR, (iii) UN 0255, DETONATORS, ELECTRIC, (iv) UN 0267, DETONATORS, NON-ELECTRIC,

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 198-199

(v) UN 0289, CORD, DETONATING, (vi) UN 0361, DETONATOR ASSEMBLIES, NONELECTRIC, (vii) UN 0365, DETONATORS FOR AMMUNITION, (viii) UN 0366, DETONATORS FOR AMMUNITION, (ix) UN 0440, CHARGES, SHAPED, (x) UN 0441, CHARGES, SHAPED, (xi) UN 0445, CHARGES, EXPLOSIVE, COMMERCIAL, (xii) UN 0456, DETONATORS, ELECTRIC, (xiii) UN 0500, DETONATOR ASSEMBLIES, NONELECTRIC; or (c) Class 1, Division 5 or 6.

Requirements for system (3) The tracking and communication system must allow

the person who is monitoring the system to locate the vehicle at all times and must allow the driver and the person to communicate with one another. Monitoring system (4) The carrier must ensure that a person is monitoring the tracking and communication system at all times while the explosives are being transported and will notify the police in case of an emergency. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 25.

Vehicle attended 199 (1) The carrier and the driver of a vehicle that contains *explosives must ensure that it is *attended in person when it is not at a licensed factory. Exception (2) However, up to 25 kg of high explosives (type E) and

up to 100 detonators (type I) may be left unattended in a vehicle if (a) the explosives have been removed from a factory magazine or licensed magazine for a specific purpose set out in their authorization;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 199-200

(b) the explosives are stored in a *storage unit that has

been serviced at the factory or magazine and is bolted or welded to the vehicle or, if the explosives are perforating guns, the guns are securely locked to the vehicle; (c) no other item or substance that could increase the likelihood of an ignition is in the vehicle; (d) a device or system is in place that will ensure that

the vehicle is immobilized and that an alarm will alert the driver if an attempt is made to steal the explosives, tamper with the storage unit or tamper with or steal the vehicle; and (e) if it is parked overnight, the vehicle is parked at

least 30 m from any dwelling, highway or railway line and any place where flammable substances (for example, gasoline pumps, propane tanks or above-ground storage tanks for a flammable liquid or flammable gas) are stored.

Leftover explosives (3) When the specific purpose for which the explosives were removed has been carried out or abandoned, the carrier and driver must ensure that any explosives remaining in the vehicle are stored in a factory or licensed magazine as soon as the circumstances permit. *

Terms preceded by an asterisk are defined in section 6.

Overnight parking 200 (1) If a vehicle that contains *explosives is to be parked overnight, the driver must park at a place where there is no open flame, match or any other thing that could increase the likelihood of an ignition. The distance between the parking place and any dwelling, any place where flammable substances (for example, gasoline pumps, propane tanks or above-ground storage tanks for flammable liquid or flammable gas) are stored and any area where people are likely to gather must be great enough to eliminate any possibility of harm to people and property in case of an ignition.

Vehicle attended (2) The driver must ensure that the parked vehicle is *attended. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Vehicle Sections 201-202

Accidents and incidents 201 (1) The driver of a vehicle that contains *explosives

and is involved in an accident or incident that is likely to delay the delivery of the explosives must, as soon as the circumstances permit, notify the police, the shipper and the carrier of the accident or incident and of the delay. Report (2) The carrier must, as soon as the circumstances permit, report the accident or incident to an inspector. The carrier must ensure that any damaged explosives are transported as soon as the circumstances permit to any location that the Minister designates and any undamaged explosives are transported to their destination or to a safe and secure location as soon as the circumstances permit. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38; SOR/2018-231, s. 26.

Transporting Explosives in a Means of Transport Other Than a Vehicle Loading and unloading 202 (1) The carrier must ensure that, while *explosives

are being loaded into or unloaded from a means of transport other than a vehicle, precautions that minimize the likelihood of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

Precautions (2) The carrier must ensure that precautions that prevent unauthorized people from having access to the explosives during loading or unloading are taken, as well as precautions that prevent any person in the immediate vicinity from doing anything that might increase the likelihood of an ignition.

Throwing or dropping explosives (3) The carrier must ensure that packages or containers

of explosives are not thrown or dropped during the loading or unloading of the explosives.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Means of Transport Other Than a Vehicle Sections 202-203.1

Securing explosives (4) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported. *

Terms preceded by an asterisk are defined in section 6.

Confirmation — shipper 203 (1) Before delivering the *explosives to the carrier,

the shipper must obtain confirmation from the intended recipient of the explosives that the explosives will be (a) used on the same day they are delivered and *attended until they are used; (b) stored in a factory magazine, licensed magazine, * storage unit or dwelling in accordance with these Regulations; or

(c) shipped immediately to the next recipient.

Confirmation — carrier (2) A carrier must not load explosives into a means of

transport other than a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery. *

Terms preceded by an asterisk are defined in section 6.

Transportation by vessel 203.1 (1) Subject to subsection (3), no person shall, at a

wharf or port facility, load onto or unload from a vessel packaged goods that contain 25 kg or more of *explosives unless (a) the quantity of explosives does not exceed 20 000

kg and the explosives are loaded or unloaded by driving a single vehicle directly aboard a roll-on, roll-off cargo vessel immediately before departing, or driving it ashore immediately after arrival, on a last-on, firstoff basis; or (b) a quantified risk assessment that meets the requirements of subsection (5) has been conducted on the wharf or port facility where explosives of the types in question will be loaded or unloaded and an inspector has determined that the quantity of explosives to be loaded or unloaded does not exceed the maximum quantity permitted for each type of explosive and hazard category in the assessment report and the safety measures set out in the report are complied with.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Means of Transport Other Than a Vehicle Section 203.1

Additional safety measures (2) An inspector who makes the determination referred

to in paragraph (1)(b) must impose any additional safety measures that are necessary for the safe loading and unloading of the explosives. Maximum waiting time (3) If explosives are loaded or unloaded under paragraph

(1)(a), the maximum waiting time of the vehicle dockside is 30 minutes and during that time the vehicle must be parked as far as possible from all areas used by the general public or for the handling or storage of other cargo.

Exception (4) Subsections (1) and (3) do not apply to explosives included in Class 1.4S of the International Maritime Dangerous Goods Code, published by the International Maritime Organization. Quantified risk assessment — requirements (5) The quantified risk assessment must meet the following requirements: (a) its methodology must be approved by the Chief Inspector of Explosives; (b) it must be conducted by a person who is qualified to carry out quantified risk assessments of *activities involving explosives; (c) it must establish safety measures, including quantity limits, for loading and unloading the types of explosives in question, taking into account the hazard categories of the explosives; (d) the safety measures must ensure that the risk of harm to people and property resulting from loading or unloading the explosives does not increase the risk to people who are not involved in loading or unloading the explosives or the risk to property; and (e) the safety measures must be set out in a report

that has been approved by an inspector.

Approval of methodology — criteria (6) The Chief Inspector of Explosives must approve the methodology to be used in a quantified risk assessment if he or she determines that the methodology is capable of accurately calculating the risks to people and property resulting from the loading and unloading of explosives at the wharf or port facility to be assessed, taking into account

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 9 Transporting Explosives Transporting Explosives in a Means of Transport Other Than a Vehicle Sections 203.1-205

(a) the types of explosives that will be loaded or unloaded and the quantity of each type; (b) the hazard categories of the explosives; (c) the structure of the vessel onto which the explosives will be loaded or from which they will be unloaded; (d) the distance between the explosives and people

likely to be in the vicinity; (e) the characteristics, proximity and use of the surrounding structures and infrastructure; and (f) the activities that are likely to be carried out in the

vicinity. Approval of report — criteria (7) An inspector to whom a quantified risk assessment report has been submitted must approve the report if he or she determines that the safety measures in it meet the requirements referred to in paragraphs (5)(c) and (d). *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 27.

PART 10

Military Explosives and Law Enforcement Explosives Overview 204 This Part authorizes the acquisition, storage and

sale of military explosives (type D) and law enforcement explosives (type D) and sets out the rules for sellers and users.

Definitions 205 The following definitions apply in this Part.

law enforcement agency means a police force, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi) licence means a licence that authorizes the storage of the military explosives or law enforcement explosives to be sold or acquired. (licence)

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 10 Military Explosives and Law Enforcement Explosives Rules for Sellers Sections 205-208

user means a person, or a law enforcement agency, that acquires military explosives or law enforcement explosives for use. (utilisateur) SOR/2016-75, s. 23.

Rules for Sellers Acquisition for sale 206 A seller may acquire, store and sell military explosives or law enforcement explosives if they hold a licence. A seller who acquires military explosives or law enforcement explosives must comply with this Part.

Storage 207 (1) A seller must store their military explosives and law enforcement explosives in the magazine specified in their licence.

No display for sale (2) A seller must not display military explosives or law

enforcement explosives for sale.

Sale — licensed buyer 208 (1) A seller may sell military explosives or law enforcement explosives only to a buyer who holds a licence.

Maximum quantity (2) A seller must not sell more military explosives or law enforcement explosives to a buyer than the buyer is authorized by their licence to store.

Sale — certain entities (3) Despite subsection (1), a seller may sell the following explosives to the following buyers even if the buyer is unlicensed: (a) military explosives and law enforcement explosives to the Department of National Defence and to any armed forces cooperating with the Canadian Forces; and (b) military explosives, hazard category PE 3 or PE 4,

and law enforcement explosives, hazard category PE 3 or PE 4, to a police force operating in Canada.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 10 Military Explosives and Law Enforcement Explosives Rules for Sellers Sections 209-211

Record of sale 209 A seller must keep a record of every sale of military

explosives or law enforcement explosives in a secure location for two years after the date of the sale. The record must include the following information: (a) the name and address of the individual who bought the explosives and, if applicable, the name of the entity for which the explosives were acquired; (b) in the case of a licensed buyer, the licence number and expiry date; (c) the *product name of each explosive sold and the

name of the person who obtained its authorization; (d) the quantity of explosives sold under each product

name; and (e) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

Rules for Users Acquisition — licensed user 210 (1) A user may acquire and store military explosives or law enforcement explosives if they hold a licence. A user who acquires military explosives or law enforcement explosives must comply with subsection (2).

Storage — licensed user (2) A user must store their military explosives and law

enforcement explosives in the magazine specified in their licence. Acquisition — exception 211 (1) Despite subsection 210(1), a law enforcement agency may acquire and store military explosives, hazard category PE 3 or PE 4, or law enforcement explosives, hazard category PE 3 or PE 4, even if the agency is unlicensed. A law enforcement agency that acquires such explosives must comply with subsection (2).

Storage — exception (2) The explosives must be stored away from flammable

substances and sources of ignition, in a manner that prevents them from being stolen and ensures that access to them is limited to people authorized by the law enforcement agency. SOR/2016-75, s. 24.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 11 Industrial Explosives Sections 212-215

PART 11

Industrial Explosives Overview 212 This Part authorizes the acquisition, storage and

sale of explosives that are used for industrial purposes and sets out the rules for sellers and users. Definitions 213 The following definitions apply in this Part.

industrial explosive means the following types of explosive: (a) E.1 — blasting explosives; (b) E.2 — perforating explosives; (c) E.3 — special-application explosives; (d) I — initiation systems; and (e) P.1 — black powder and hazard category PE 1

black powder substitutes, when they are used in mining, quarrying, construction or avalanche control. (explosif industriel) licence means a licence that is issued by the Minister and authorizes storage of the type of industrial explosive to be sold or acquired. (licence) manufacturing certificate means a certificate that authorizes the *manufacture and storage of the type of industrial explosive to be acquired or manufactured. (certificat de fabrication) user means a person who acquires *industrial explosives for use or conveyance. (utilisateur) *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 25, 38.

Rules for Sellers Acquisition for sale 214 A seller may acquire, store and sell industrial explosives if they hold a licence. A seller who acquires industrial explosives must comply with this Part.

Storage 215 A seller must store their industrial explosives in the magazine specified in their licence.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 11 Industrial Explosives Rules for Sellers Sections 216-219

No display for sale 216 A seller must not display industrial explosives for

sale. Sale — authorized buyer 217 (1) A seller may sell industrial explosives only to a buyer who holds a licence or a manufacturing certificate or who is authorized by a competent provincial or territorial authority to store industrial explosives at a mine site or quarry.

Maximum quantity (2) A seller must not sell more industrial explosives to a

buyer than the buyer is authorized by their licence, certificate or provincial or territorial authorization to store.

Information on packaging 218 (1) A seller must mark the number of the buyer’s licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manner (a) on the outer packaging or container of the *explosives if the outer packaging or the container is sealed; or (b) on the inner packaging of each explosive or each reel of detonating cord if the outer packaging or the container is not sealed.

Exception (2) Subsection (1) does not apply to (a) the outer packaging or containers of explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container; (b) containers holding explosives in bulk; (c) intermediate bulk containers holding explosives in

bulk; or (d) plastic bags that meet the requirements of UN

packaging code 5H4. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 28.

Record of sale 219 A seller must keep a record of each sale of industrial

explosives for two years after the date of the sale. The record must include the following information:

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 11 Industrial Explosives Rules for Sellers Sections 219-220

(a) the buyer’s name and address; (b) the number of the buyer’s licence, certificate or

authorization; (c) the type, *product name and dimensions of each

explosive sold and name of the person who obtained its authorization; (d) the quantity of explosives sold under each product

name; and (e) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

Reuse of packaging 220 (1) A seller must ensure that any packaging or container that has been used for industrial explosives is not reused unless (a) it is in good condition; (b) it contains no explosive residue; (c) it is reused for the same type of explosive that it previously contained; and (d) all information on the packaging or container remains accurate. Packaging — nitroglycerine-based explosive (2) A seller must ensure that any packaging or container that has been used for a nitroglycerine-based explosive or any other explosive that is *manufactured from a liquid explosive is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied.

Packaging — in poor condition (3) A seller must ensure that any packaging or container

that is not in good condition when it is emptied of explosives is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit.

Exception (4) Subsection (3) does not apply to intermediate bulk containers or containers holding explosives in bulk. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 11 Industrial Explosives Rules for Users Sections 221-224

Rules for Users Acquisition 221 A user may acquire and store industrial explosives if

they hold a licence or a manufacturing certificate or are authorized by a competent provincial or territorial authority to store such explosives at a mine site or quarry. A user who acquires industrial explosives must comply with this Part.

Information on packaging 222 A user who acquires industrial explosives that are in

a sealed container or sealed outer packaging must, after opening the packaging or container, mark the number of their licence, certificate or authorization in a clear and permanent manner on the inner packaging of each explosive or on each reel of detonating cord.

Storage 223 (1) A user who holds a licence must store their industrial explosives in the magazine specified in their licence.

Explosives to be attended (2) A user who holds a licence or a manufacturing certificate must ensure that their industrial explosives are *attended when they are at a site of use.

Exception (3) Subsections (1) and (2) do not apply to industrial explosives that are stored on offshore platforms for use in offshore oil or gas wells. *

Terms preceded by an asterisk are defined in section 6.

Reuse of packaging 224 (1) A user must ensure that any packaging or container that has been used for industrial explosives is not reused unless (a) it is in good condition; (b) it contains no explosive residue; (c) it is reused for the same type of explosive that it

previously contained; and (d) all information on the packaging or container remains accurate.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 11 Industrial Explosives Rules for Users Sections 224-226

Packaging — nitroglycerine-based explosive (2) A user must ensure that any packaging or container

that has been used for a nitroglycerine-based explosive or any other explosive that is manufactured from a liquid explosive is destroyed so that it cannot be reused (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied. Packaging not in good condition (3) A user must ensure that any packaging or container that is not in good condition when it is emptied of explosives is destroyed so that it cannot be reused (for example, by breaking the packaging or container) as soon as the circumstances permit.

Exception (4) Subsection (3) does not apply to intermediate bulk

containers or containers holding explosives in bulk.

PART 12

Blank Cartridges for Tools [SOR/2016-75, s. 26]

Overview 225 This Part authorizes the acquisition, storage and

sale of blank cartridges for tools (type C.2). Division 1 sets out the rules for sellers, while Division 2 sets out the rules for users. SOR/2016-75, s. 37.

Definitions 226 (1) The following definitions apply in this Part.

distributor means a person who sells blank cartridges for tools to other distributors or to retailers, whether or not they sell to users. (distributeur) licence means a licence that authorizes the storage of blank cartridges for tools. (licence) retailer means a person, other than a distributor, who sells blank cartridges for tools. (détaillant) seller means a distributor or a retailer. (vendeur) user means a person who acquires blank cartridges for tools for use. (utilisateur)

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 12 Blank Cartridges for Tools DIVISION 1 Rules for Sellers Sections 226-229

Storage (2) For the purposes of this Part, blank cartridges for tools are stored in a sales establishment, including a dwelling, if they are (a) inside the sales establishment, whether or not they are in a *storage unit or displayed for sale; (b) outside the sales establishment in a storage unit that is used in operating the establishment; or (c) in a licensed magazine that is either inside or outside the establishment. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 37.

DIVISION 1

Rules for Sellers Acquisition for Sale Distributor and retailer 227 A distributor or retailer may acquire, store and sell

blank cartridges for tools whether or not they hold a licence. A distributor or retailer who acquires blank cartridges for tools must comply with this Division. SOR/2016-75, s. 37; SOR/2018-231, s. 29.

Storage Licensed seller 228 (1) A seller who holds a licence must store their

blank cartridges for tools in the magazine specified in their licence. Unlicensed retailer (2) A retailer who does not hold a licence must store

their blank cartridges for tools in a sales establishment and must ensure that the requirements of sections 229 to 231 are met. SOR/2016-75, s. 37.

No display for sale 229 (1) Blank cartridges for tools must not be displayed for sale in a dwelling.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 12 Blank Cartridges for Tools DIVISION 1 Rules for Sellers Storage Sections 229-231

Display for sale (2) Blank cartridges for tools that are displayed for sale in a sales establishment other than a dwelling must be kept behind a sales counter or locked up (for example, in a cabinet).

Access (3) Only people authorized by the retailer may have access to the area behind a sales counter. SOR/2016-75, s. 37.

230 [Repealed, SOR/2018-231, s. 30]

Storage requirements — dwelling 231 (1) When blank cartridges for tools are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the retailer.

Storage requirements — storage unit (2) When blank cartridges for tools are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than blank cartridges for tools may

be stored in the storage unit; (g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 12 Blank Cartridges for Tools DIVISION 1 Rules for Sellers Storage Sections 231-235

(j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 37, 46(E).

Sale Maximum quantity — licensed buyer 232 (1) A seller must not sell more blank cartridges for tools to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more blank cartridges for tools to an unlicensed buyer than the buyer is authorized by this Part to store. SOR/2016-75, s. 37.

Retailer 233 A retailer may sell blank cartridges for tools only to

users. SOR/2016-75, s. 37.

DIVISION 2

Rules for Users Acquisition 234 A user may acquire and store blank cartridges for tools, whether or not they hold a licence. A user who acquires blank cartridges for tools must comply with this Division. SOR/2016-75, s. 37.

Storage — licensed user 235 (1) A user who holds a licence must store their

blank cartridges for tools in the magazine specified in their licence. Storage — unlicensed user (2) A user who does not hold a licence must store their blank cartridges for tools in a dwelling or a *storage unit

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 12 Blank Cartridges for Tools DIVISION 2 Rules for Users Sections 235-237

and must ensure that the storage requirements of sections 236 and 237 are met. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 37.

236 [Repealed, SOR/2018-231, s. 31]

Storage requirements — dwelling 237 (1) When blank cartridges for tools are stored in a

dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When blank cartridges for tools are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than blank cartridges for tools may

be stored in the storage unit; (g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 12 Blank Cartridges for Tools DIVISION 2 Rules for Users Sections 237-239

symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, ss. 37, 46(E).

PART 13

Special Purpose Explosives Overview 238 This Part authorizes the acquisition, storage and

sale of special purpose explosives. Division 1 sets out the rules for sellers and users of low-hazard special purpose explosives (type S.1: for example, highway flares, personal distress flares, bird scaring cartridges and fire extinguisher cartridges). Division 2 sets out the rules for sellers and users of high-hazard special purpose explosives (type S.2: for example, reactive targets, explosive bolts and cable cutters). Division 3 deals with the destruction of expired marine flares (type S.1 or S.2). SOR/2016-75, s. 27.

Definitions 239 (1) The following definitions apply in this Part.

distributor means a person who sells special purpose explosives to other distributors or to retailers, whether or not they sell to users. (distributeur) retailer means a person, other than a distributor, who sells special purpose explosives. (détaillant) seller means a distributor or a retailer. (vendeur) user means a person who acquires special purpose explosives for use. (utilisateur)

Storage (2) For the purposes of this Part, special purpose explosives are stored in a sales establishment if the explosives are (a) inside the sales establishment, whether in a *storage unit or displayed for sale; (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 1 Low-hazard Special Purpose Explosives Sections 239-243

(c) in a licensed magazine that is either inside or outside the establishment. *

Terms preceded by an asterisk are defined in section 6.

Explosive quantity 240 A reference to the mass of a special purpose explosive in this Part is a reference to its gross mass (the mass of the explosives plus the mass of any packaging or container).

DIVISION 1

Low-hazard Special Purpose Explosives Definition of licence 241 In this Division, licence means a licence that authorizes the storage of low-hazard special purpose explosives.

Rules for Sellers Acquisition for Sale Distributor 242 (1) A distributor may acquire, store and sell lowhazard special purpose explosives if they hold a licence. A distributor who acquires low-hazard special purpose explosives must comply with this Division.

Retailer (2) A retailer may acquire, store and sell low-hazard special purpose explosives, whether or not they hold a licence. A retailer who acquires low-hazard special purpose explosives must comply with this Division.

Storage Licensed seller 243 (1) A seller who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.

Unlicensed retailer (2) A retailer who does not hold a licence must store

their low-hazard special purpose explosives in a sales establishment other than a dwelling and ensure that the requirements of sections 244 to 246 are met.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 1 Low-hazard Special Purpose Explosives Rules for Sellers Sections 244-246

Display for sale 244 (1) Only highway flares, marine flares and personal

distress flares may be displayed for sale.

Maximum quantity (2) No more than 1 000 kg of flares may be displayed for sale at any one time.

Precautions (3) Flares that are displayed for sale must be kept behind

a sales counter or locked up (for example, in a cabinet) unless the flares are in consumer packs.

Access (4) Only people authorized by the retailer may have access to the area behind a sales counter. Lots (5) Flares that are displayed for sale must be separated into lots of 25 kg or less. Each lot must be separated from the other lots by a fire break. The lots must be kept away from flammable substances and sources of ignition.

Maximum quantity 245 (1) No more than 1 000 kg of low-hazard special

purpose explosives may be stored in a sales establishment at any one time, including those that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg may be stored in the establishment at any one time, including explosives that are displayed for sale.

Place of storage (2) Low-hazard special purpose explosives that are not displayed for sale must be stored in a *storage unit. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — storage unit 246 When low-hazard special purpose explosives are stored in a *storage unit, (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

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Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 1 Low-hazard Special Purpose Explosives Rules for Sellers Sections 246-248

(b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal); (f) nothing other than special purpose explosives may

be stored in the storage unit; (g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Sale No sale from dwelling 247 A seller must not sell low-hazard special purpose

explosives from a dwelling. Maximum quantity — licensed buyer 248 (1) A seller must not sell more low-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more low-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

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Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 1 Low-hazard Special Purpose Explosives Rules for Sellers Sections 249-253

Retailer 249 A retailer may sell low-hazard special purpose explosives only to a user. Record of sale 250 A seller must keep a record of every sale of more than 100 kg of low-hazard special purpose explosives. The record must be kept for two years after the date of the sale and must include the following information: (a) the buyer’s name and address; (b) in the case of a licensed buyer, the licence number and expiry date; (c) the *product name of each explosive sold and the

name of the person who obtained its authorization; (d) the quantity of explosives sold under each product

name; and (e) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

Rules for Users Acquisition 251 A user may acquire and store low-hazard special purpose explosives, whether or not they hold a licence. A user who acquires low-hazard special purpose explosives must comply with this Division.

Storage — licensed user 252 (1) A user who holds a licence must store their lowhazard special purpose explosives in the magazine specified in their licence.

Storage — unlicensed user (2) A user who does not hold a licence must store their low-hazard special purpose explosives in a dwelling or a * storage unit and ensure that the requirements of sections 253 and 254 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 253 No more than 1 000 kg of low-hazard special purpose explosives may be stored at any one time, of which no more than 40 kg may be stored in a dwelling.

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Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 1 Low-hazard Special Purpose Explosives Rules for Users Section 254

Storage requirements — dwelling 254 (1) When low-hazard special purpose explosives

are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When low-hazard special purpose explosives are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than special purpose explosives may

be stored in the storage unit; (g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 2 High-hazard Special Purpose Explosives Sections 255-261

DIVISION 2

High-hazard Special Purpose Explosives Definition of licence 255 In this Division, licence means a licence that authorizes the storage of high-hazard special purpose explosives.

Rules for Sellers Acquisition for Sale and Storage Acquisition for sale 256 A seller may acquire, store and sell high-hazard special purpose explosives if they hold a licence. A seller who acquires high-hazard special purpose explosives must comply with this Division.

Storage 257 A seller must store their high-hazard special purpose explosives in the magazine specified in their licence.

Display for sale 258 A seller must not display high-hazard special purpose explosives for sale.

Sale Maximum quantity — licensed buyer 259 (1) A seller must not sell more high-hazard special

purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more high-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Retailer 260 A retailer may sell high-hazard special purpose explosives only to a user. Record of sale 261 A seller must keep a record of every sale of highhazard special purpose explosives for two years after the

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Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 2 High-hazard Special Purpose Explosives Rules for Sellers Sections 261-265

date of the sale. The record must include the following information: (a) the buyer’s name and address; (b) in the case of a licensed buyer, the licence number and expiry date; (c) the *product name of each explosive sold and the

name of the person who obtained its authorization; (d) the quantity of explosives sold under each product

name; and (e) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

Rules for Users Acquisition 262 A user may acquire and store high-hazard special purpose explosives, whether or not they hold a licence. A user who acquires high-hazard special purpose explosives must comply with this Division.

Storage — licensed user 263 (1) A user who holds a licence must store their high-hazard special purpose explosives in the magazine specified in their licence.

Storage — unlicensed user (2) A user who does not hold a licence must store their

high-hazard special purpose explosives in a *storage unit and ensure that the requirements of sections 264 and 265 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 264 No more than 20 kg of high-hazard special purpose

explosives may be stored at any one time. Storage requirements — storage unit 265 When high-hazard special purpose explosives are

stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

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Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 2 High-hazard Special Purpose Explosives Rules for Users Sections 265-266

(c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than special purpose explosives may

be stored in the storage unit; (g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

DIVISION 3

Marine Flares Disposal plan 266 (1) A distributor who sells marine flares, whether

low-hazard or high-hazard, must implement the marine flare disposal plan included in their licence application. Return of flares (2) A distributor must accept the return of any marine

flares sold by them that have expired. Destruction (3) The distributor must store any expired marine flares

that are returned to them in the magazine specified in their licence and destroy them in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

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Explosives Regulations, 2013 PART 13 Special Purpose Explosives DIVISION 3 Marine Flares Sections 266-268

Annual report (4) If any expired marine flares are returned during a

calendar year, the distributor must submit to the Chief Inspector of Explosives, by March 31 of the following year, a report that sets out the number of each type returned, whether low-hazard or high-hazard, and the number of each type destroyed, during the calendar year.

PART 14

Small Arms Cartridges, Propellant Powder and Percussion Caps Overview 267 This Part authorizes the acquisition, storage and

sale of small arms cartridges and the *manufacture of small arms cartridges and black powder cartouches. Division 1 sets out the rules for sellers and users of commercially manufactured small arms cartridges (type C.1). It also sets out rules for storing small arms cartridges that are manufactured under Division 2. Division 2 sets out the rules for sellers and users of propellant powder (type P) and percussion caps (also known as primer) (type C.3) and for manufacturers of small arms cartridges and black powder cartouches. *

Terms preceded by an asterisk are defined in section 6.

Definitions 268 (1) The following definitions apply in this Part.

black powder means an explosive classified as type P.1. (poudre noire) propellant powder means black powder and smokeless powder. (poudre propulsive) small arms cartridge means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge. (cartouche pour armes de petit calibre) smokeless powder means an explosive classified as type P.2. (poudre sans fumée)

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 1 Small Arms Cartridges Sections 268-270

Storage (2) For the purposes of this Part, small arms cartridges, propellant powder and percussion caps are stored in a sales establishment, including a dwelling, if they are (a) inside the sales establishment, whether or not they

are in a *storage unit or displayed for sale; (b) outside the sales establishment in a storage unit that is used in operating the establishment; or (c) in a licensed magazine that is either inside or outside the establishment. *

Terms preceded by an asterisk are defined in section 6.

Quantity of cartridges, powder or cartouches 269 A reference in this Part to the mass of a small arms

cartridge, propellant powder or a black powder cartouche is a reference to its net quantity (the mass of the *explosive excluding the mass of any packaging, container, shell casing or projectile). *

Terms preceded by an asterisk are defined in section 6.

DIVISION 1

Small Arms Cartridges Definitions 270 The following definitions apply in this Division.

distributor means a person who sells small arms cartridges to other distributors or to retailers, whether or not they sell to users. (distributeur) licence means a licence that authorizes the storage of small arms cartridges. (licence) Note: A licence that authorizes the storage of small arms cartridges may also authorize the storage of propellant powder, percussion caps and black powder cartouches. retailer means a person, other than a distributor, who sells small arms cartridges. (détaillant) seller means a distributor or a retailer. (vendeur) user means a person who acquires small arms cartridges for use. (utilisateur)

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 1 Small Arms Cartridges Rules for Sellers Sections 270-274

Rules for Sellers Acquisition for Sale Distributor 271 (1) A distributor may acquire, store and sell small arms cartridges if they hold a licence. A distributor who acquires small arms cartridges must comply with this Division.

Retailer (2) A retailer may acquire, store and sell small arms cartridges, whether or not they hold a licence. A retailer who acquires small arms cartridges must comply with this Division.

Storage Licensed seller 272 (1) A seller who holds a licence must store their small arms cartridges in the magazine specified in their licence.

Unlicensed retailer (2) A retailer who does not hold a licence must store

their small arms cartridges in a sales establishment and must ensure that the requirements of sections 273 to 275 are met. Attendance 273 (1) When a sales establishment is unlocked, small arms cartridges that are displayed for sale must be *attended, kept behind a sales counter or locked up (for example, in a cabinet).

Access (2) Only people authorized by the retailer may have access to the area behind a sales counter. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 274 (1) No more than 225 kg of small arms cartridges may be stored in a sales establishment at any one time, including cartridges that are displayed for sale.

Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 1 Small Arms Cartridges Rules for Sellers Sections 274-275

Place of storage (2) Small arms cartridges that are not displayed for sale

must be stored in a dwelling or a *storage unit. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — dwelling 275 (1) When small arms cartridges are stored in a

dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the cartridges.

Storage requirements — storage unit (2) When small arms cartridges are stored in a *storage

unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than propellant powder and percussion caps may be stored with the small arms cartridges; (g) small arms cartridges, propellant powder and percussion caps must be stored separately from one another (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized

and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately;

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 1 Small Arms Cartridges Rules for Sellers Sections 275-279

(k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Sale Maximum quantity — licensed buyer 276 (1) A seller must not sell more small arms cartridges to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more small arms cartridges to an unlicensed buyer than the buyer is authorized by this Division to store.

Retailer 277 A retailer may sell small arms cartridges only to a

user.

Rules for Users Acquisition 278 A user may acquire and store small arms cartridges, whether or not they hold a licence. A user who acquires small arms cartridges must comply with this Division.

Storage — licensed user 279 (1) A user who holds a licence must store their small arms cartridges in the magazine specified in their licence.

Storage — unlicensed user (2) A user who does not hold a licence must store their small arms cartridges, including any small arms cartridges *manufactured by the user under Division 2, in a

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 1 Small Arms Cartridges Rules for Users Sections 279-281

dwelling or a *storage unit and ensure that the requirements of sections 280 and 281 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 280 No more than 225 kg of small arms cartridges may

be stored at any one time. Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile). Storage requirements — dwelling 281 (1) When small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the cartridges.

Storage requirements — storage unit (2) When small arms cartridges are stored in a *storage

unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than propellant powder, percussion caps or black powder cartouches may be stored with the small arms cartridges; (g) small arms cartridges, propellant powder, percussion caps and black powder cartouches must be stored separately from one another (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked;

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 1 Small Arms Cartridges Rules for Users Sections 281-282

(i) the storage unit must be kept clean, dry, organized

and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

DIVISION 2

Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Definitions 282 (1) The following definitions apply in this Division.

distributor means a person who sells propellant powder or percussion caps to other distributors or to retailers, whether or not they sell to users. (distributeur) licence means a licence issued under the Explosives Act that authorizes the storage of the *explosive, whether propellant powder, percussion caps or black powder cartouches, that are to be sold, acquired or *manufactured. (licence) Note: A licence that authorizes the storage of propellant powder, percussion caps or black powder cartouches may also authorize the storage of small arms cartridges. retailer means a person, other than a distributor, who sells propellant powder or percussion caps. (détaillant) seller means a distributor or a retailer. (vendeur) user means a person who acquires propellant powder or percussion caps for use. (utilisateur)

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Sellers Sections 282-286

propellant powder (2) A reference in this Division to a mass of propellant powder does not include propellant powder that is in a small arms cartridge. *

Terms preceded by an asterisk are defined in section 6.

Rules for Sellers Acquisition for Sale Distributor 283 (1) A distributor may acquire, store and sell propellant powder and percussion caps if they hold a licence. A distributor who acquires propellant powder or percussion caps must comply with this Division.

Retailer (2) A retailer may acquire, store and sell propellant powder and percussion caps, whether or not they hold a licence. A retailer who acquires propellant powder or percussion caps must comply with this Division.

Storage Licensed seller 284 (1) A seller who holds a licence must store their

propellant powder and percussion caps in the magazine specified in their licence. Separate storage (2) A seller must not store propellant powder and percussion caps in the same magazine.

Unlicensed retailer 285 A retailer who does not hold a licence must store

their propellant powder and percussion caps in a sales establishment and must ensure that the requirements of sections 286 to 288 are met. Display for sale — propellant powder 286 (1) No more than 12 kg of propellant powder, of

which no more than 500 g may be black powder, may be displayed for sale. Size of container (2) Propellant powder that is displayed for sale must be in a container that holds no more than 500 g.

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Sellers Sections 286-287

Display for sale — percussion caps (3) No more than 10 000 percussion caps may be displayed for sale. Original packaging (4) Percussion caps that are displayed for sale must be in their original packaging.

Precautions (5) Propellant powder and percussion caps that are displayed for sale must be kept behind a counter or locked up (for example, in a cabinet).

Access (6) Only people authorized by the retailer may have access to the area behind a sales counter.

Place of storage 287 (1) Propellant powder and percussion caps that are

not displayed for sale must be stored in a dwelling or a storage unit.

*

Original packaging (2) Percussion caps must be stored in their original

packaging. Note: These Regulations do not limit the number of percussion caps that may be stored in their original packaging in a dwelling or a storage unit.

Detached dwellings (3) The maximum quantity of propellant powder that

may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder. Other dwellings — smokeless powder (4) The maximum quantity of smokeless powder that

may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Sellers Sections 287-288

Other dwellings — black powder (5) The maximum quantity of black powder that may be

stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is (a) 1 kg, if the black powder is in containers; or (b) 3 kg less any quantity that is in containers, if the

black powder is in small arms cartridges or black powder cartouches.

Detached storage unit (6) The maximum quantity of propellant powder that may be stored at any one time in storage units that are not attached to a dwelling, whether in a single unit or in several, is 75 kg. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — dwelling 288 (1) When propellant powder or percussion caps are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the propellant powder or percussion caps.

Storage requirements — storage unit (2) When propellant powder or percussion caps are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than small arms cartridges may be

stored with the propellant powder or percussion caps; (g) propellant powder, percussion caps and small

arms cartridges must be stored separately from one

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Sellers Sections 288-292

another (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Transfer of powder 289 A seller must not transfer propellant powder from

one container to another for the purpose of sale unless they hold a licence that authorizes them to do so.

Sale Notification of Chief Inspector 290 A retailer who does not hold a licence must, before beginning to sell propellant powder, send the Chief Inspector of Explosives a written notice that sets out their name, address, telephone number, fax number and email address and the date on which they will begin to sell. If such a retailer stops selling propellant powder, they must send the Chief Inspector a written notice to that effect as soon as the circumstances permit.

Original packaging 291 A seller may sell percussion caps only if they are in

their original packaging. Maximum quantity — licensed buyer 292 (1) A seller must not sell more propellant powder

or percussion caps to a licensed buyer than the buyer is authorized by their licence to store.

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Sellers Sections 292-295

Maximum quantity — unlicensed retailer (2) A seller must not sell more propellant powder to an

unlicensed buyer than the buyer is authorized by this Division to store.

Retailer 293 A retailer may sell propellant powder or percussion

caps only to a user. Identification 294 (1) Before selling propellant powder to a buyer, the

seller must require the buyer to establish their identity by providing (a) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer; or (b) two pieces of identification, each of which sets out

the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address.

Verification of identity (2) If the buyer provides a piece of identification that

bears a photograph, the seller must ensure, before selling the propellant powder, that the photograph is that of the buyer. Record of sale 295 A seller must keep a record of each sale of propellant powder for two years after the date of the sale. The record must include the following information: (a) the buyer’s name and address or the number of

their licence, if any, issued under the Firearms Act; (b) in the case of a licensed buyer, the licence number and expiry date; (c) the type and *product name of the powder sold, the size of the container in which it was sold and the name of the person who obtained its authorization; (d) the quantity of powder sold under each product

name; and (e) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

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Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Sellers Sections 295-299

Rules for Users Acquisition Acquisition 296 A user may acquire and store propellant powder

and percussion caps, whether or not they hold a licence. A user may *manufacture small arms cartridges and black powder cartouches for their own personal use and may store them, whether or not they hold a licence. A user who acquires propellant powder or percussion caps or manufactures small arms cartridges or black powder cartouches must comply with this Division. Note: Part 5 regulates the commercial manufacture of small arms cartridges. *

Terms preceded by an asterisk are defined in section 6.

Storage Licensed user 297 (1) A user who holds a licence must store their propellant powder, percussion caps and black powder cartouches in the magazine specified in their licence.

Separate storage (2) A user must not store propellant powder and percussion caps in the same magazine.

Unlicensed user 298 A user who does not hold a licence must store their

propellant powder, percussion caps and black powder cartouches in a dwelling or a *storage unit and ensure that the requirements of sections 299 to 304 are met. Note: Subsection 279(2) provides that users must store small arms cartridges in accordance with sections 280 and 281. *

Terms preceded by an asterisk are defined in section 6.

Percussion caps 299 (1) Percussion caps must be stored in their original

packaging. Note: These Regulations do not limit the number of percussion caps that may be stored in their original packaging in a dwelling or a *storage unit.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Users Sections 299-302

Smokeless powder (2) Smokeless powder must be stored in its original container or in small arms cartridges.

Black powder (3) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 300 The maximum quantity of propellant powder that

may be stored by a user at any one time under sections 301 to 303 is reduced by the quantity of any propellant powder that the user is storing under section 375 and any quantity that they are storing under section 389. Detached dwellings 301 The maximum quantity of propellant powder that

may be stored at any one time in a detached dwelling, or in a *storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder. *

Terms preceded by an asterisk are defined in section 6.

Other dwellings — smokeless powder 302 (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

Other dwellings — black powder (2) The maximum quantity of black powder that may be

stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is (a) 1 kg, if the black powder is in containers; or (b) 3 kg less any quantity that is in containers, if the

black powder is in small arms cartridges or black powder cartouches.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Users Sections 303-304

Detached storage unit 303 The maximum quantity of propellant powder that

may be stored at any one time in *storage units that are not attached to a dwelling, whether in a single unit or in several, is 75 kg. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — dwelling 304 (1) When propellant powder, percussion caps or black powder cartouches are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the propellant powder, percussion caps or black powder cartouches.

Storage requirements — storage unit (2) When propellant powder, percussion caps or black

powder cartouches are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than small arms cartridges may be

stored with the propellant powder, percussion caps or black powder cartouches; (g) propellant powder, percussion caps, small arms cartridges and black powder cartouches must be stored separately from one another (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Users Sections 304-305

(k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 32(E).

Manufacture Age 305 (1) A person who *manufactures small arms cartridges or black powder cartouches must be at least 18 years old or under the supervision of a person who is at least 18 years old. Requirements (2) A person who manufactures small arms cartridges or

black powder cartouches must ensure that the following requirements are met: (a) the place where the manufacturing is carried out

must have a means of escape that will permit all people in the place to leave it quickly and easily in an emergency; (b) precautions that minimize the likelihood of an ignition must be taken; (c) all containers of explosives must be labelled to

identify their contents and must be kept closed when not in use; (d) no more than 2 kg of smokeless powder may be within 1 m of the loading area; (e) no more than 500 g of black powder may be within 1 m of the loading area; (f) the small arms cartridges must not include an incendiary or similar military component or device; and (g) no more than 150 percussion caps may be kept in the loader mechanism of the reloading equipment.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 14 Small Arms Cartridges, Propellant Powder and Percussion Caps DIVISION 2 Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches Rules for Users Sections 305-307

Classification of explosives (3) For the purposes of transporting small arms cartridges or black powder cartouches manufactured under this Division, the small arms cartridges are classified as UN 0012 and the black powder cartouches are classified as UN 0014. *

Terms preceded by an asterisk are defined in section 6.

PART 15

Model and High-Power Rocket Motors Overview 306 This Part authorizes the acquisition, storage and

sale of rocket motors, reloading kits and igniters. Division 1 sets out the rules for sellers and users of model rocket motors (type R.1), model rocket motor reloading kits (type R.1) and igniters for model rocket motors (type R.3). Division 2 sets out the rules for sellers and users of high-power rocket motors (type R.2), high-power rocket motor reloading kits (type R.2) and igniters for highpower rocket motors (type R.3).

Definitions 307 (1) The following definitions apply in this Part.

distributor means a person who sells rocket motors, reloading kits or igniters to other distributors or to retailers, whether or not they sell to users. (distributeur) licence means a licence that authorizes storage of the type of rocket motor, reloading kit or igniter to be sold or acquired. (licence) high-power rocket motor means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and exceeds 160 newton-seconds but does not exceed 40 960 newton-seconds. (moteur de fusée haute puissance) model rocket motor means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and does not exceed 160 newton-seconds. (moteur de fusée miniature)

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Sections 307-309

reloading kit means a package that contains a solid propellant and other components that are designed to be used in a reloadable rocket motor. (trousse de rechargement) retailer means a person, other than a distributor, who sells rocket motors, reloading kits or igniters. (détaillant) seller means a distributor or a retailer. (vendeur) user means a person who acquires rocket motors, reloading kits or igniters for use. (utilisateur)

Storage (2) For the purposes of this Part, rocket motors, reloading kits and igniters are stored in a sales establishment, including a dwelling, if they are (a) inside the sales establishment, whether or not they are in a *storage unit or displayed for sale; (b) outside the sales establishment in a storage unit that is used in operating the establishment; or (c) in a licensed magazine that is either inside or outside the establishment. *

Terms preceded by an asterisk are defined in section 6.

Quantity of motors and kits 308 A reference to the mass of a rocket motor or reloading kit in this Part is a reference to its gross mass (the mass of the motor or kit plus the mass of any packaging or container).

DIVISION 1

Model Rocket Motors Motor rockets, kits and igniters 309 In this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a reference to a model rocket motor, a reloading kit for a model rocket motor or an igniter for a model rocket motor.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Rules for Sellers Sections 310-312

Rules for Sellers Acquisition for Sale Distributor 310 (1) A distributor may acquire, store and sell rocket

motors, reloading kits and igniters if they hold a licence. A distributor who acquires rocket motors, reloading kits or igniters must comply with this Division.

Retailer (2) A retailer may acquire, store and sell rocket motors, reloading kits and igniters, whether or not they hold a licence. A retailer who acquires rocket motors, reloading kits or igniters must comply with this Division.

Storage Licensed seller 311 (1) A seller who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Unlicensed retailer (2) A retailer who does not hold a licence must store

their rocket motors, reloading kits and igniters in a sales establishment and must ensure that the requirements of sections 312 to 315 are met.

Display for sale prohibited 312 (1) Rocket motors, reloading kits and igniters must

not be displayed for sale in a dwelling.

Maximum quantity (2) In the case of a sales establishment that is not a dwelling, no more than 25 kg of rocket motors and reloading kits (combined quantity) and no more than 300 igniters may be displayed for sale.

Precautions (3) Rocket motors, reloading kits and igniters that are

displayed for sale must be kept behind a sales counter or locked up (for example, in a cabinet) unless they are in consumer packs that meet the requirements of section 313.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Rules for Sellers Sections 312-314

Access (4) Only people authorized by the retailer may have access to the area behind a sales counter.

Separation of motors, kits and igniters (5) When displayed for sale, rocket motors and reloading kits that are not in consumer packs must be separated by a fire break, or kept at least 1 m , from igniters that are not in consumer packs.

Consumer packs 313 For the purposes of this Division, a consumer pack

must meet the following requirements: (a) it must be of sufficient strength to withstand normal handling; (b) it must be designed so that it prevents a person who is handling it from being able to ignite the rocket motors, reloading kits or igniters it contains; and (c) it must be designed so that it prevents any shifting

of the rocket motors, reloading kits or igniters during handling or transportation.

Maximum quantity 314 (1) No more than 200 kg of rocket motors and

reloading kits (combined quantity) and no more than 2 500 igniters may be stored at any one time, including those that are displayed for sale. Place of storage (2) Rocket motors, reloading kits and igniters that are

not displayed for sale must be stored in a dwelling or a storage unit.

*

Rocket with motor installed (3) A model rocket in which a motor has been installed

must not be stored. Heat or dampness (4) Rocket motors, reloading kits and igniters must not

be exposed to heat or dampness that could cause them to deteriorate. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Rules for Sellers Section 315

Storage requirements — dwelling 315 (1) When rocket motors, reloading kits or igniters

are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the retailer.

Storage requirements — storage unit (2) When rocket motors, reloading kits or igniters are

stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal); (f) nothing other than rocket motors, reloading kits and igniters may be stored in the storage unit; (g) if the rocket motors, reloading kits and igniters are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol,

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Rules for Sellers Sections 315-319

at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Sale Maximum quantity — licensed buyer 316 (1) A seller must not sell more rocket motors,

reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more rocket motors, reloading

kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.

Retailer 317 A retailer may sell rocket motors, reloading kits and

igniters only to a user.

Rules for Users Acquisition 318 (1) A user who is at least 18 years old may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.

Acquisition — at least 12 years old (2) A user who is at least 12 years old may acquire and

store single use rocket motors with an impulse that does not exceed 80 newton-seconds and igniters for those motors without a licence. A user who acquires such motors or igniters must comply with this Division.

Storage — licensed user 319 (1) A user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Storage — unlicensed user (2) A user who does not hold a licence must store their

rocket motors, reloading kits and igniters in a dwelling or

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Rules for Users Sections 319-321

a *storage unit and must ensure that the requirements of sections 320 and 321 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 320 (1) No more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 2 500 igniters may be stored at any one time. If high-power rocket motors or reloading kits for high-power rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for high-power rocket motors are stored with igniters, the combined quantity must not exceed 2 500.

Maximum quantity — under 18 years old (2) A user who is less than 18 years old may store no more than 6 single use rocket motors with an impulse that does not exceed 80 newton-seconds, and no more than 10 igniters.

Place of storage (3) Rocket motors, reloading kits and igniters must be

stored in a dwelling or a *storage unit.

Rocket with motor installed (4) A model rocket in which the motor has been installed must not be stored. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — dwelling 321 (1) When rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When rocket motors, reloading kits or igniters are

stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 1 Model Rocket Motors Rules for Users Sections 321-322

(c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than high-power rocket motors and reloading kits and igniters for high-power rocket motors may be stored with the rocket motors, reloading kits and igniters; (g) if the rocket motors, reloading kits and igniters,

and any high-power rocket motors or reloading kits and igniters for high-power rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

DIVISION 2

High-power Rocket Motors Motor rockets, kits and igniters 322 In this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 2 High-power Rocket Motors Rules for Sellers Sections 322-328

reference to a high-power rocket motor, a reloading kit for a high-power rocket motor or an igniter for a highpower rocket motor.

Rules for Sellers Acquisition for Sale and Storage Acquisition for sale 323 A seller may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A seller who acquires rocket motors, reloading kits or igniters must comply with this Division.

Storage 324 A seller must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

No display for sale 325 A seller must not display rocket motors or reloading kits for sale.

Sale Maximum quantity — licensed buyer 326 (1) A seller must not sell more rocket motors, reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more rocket motors, reloading

kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.

Retailer 327 A retailer may sell rocket motors, reloading kits or

igniters only to a user.

Record of sale 328 A seller must keep a record of every sale of a rocket

motor, reloading kit or igniter for two years after the date of the sale. The record must include the following information: (a) the buyer’s name and address;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 2 High-power Rocket Motors Rules for Sellers Sections 328-331

(b) in the case of a licensed buyer, the licence number and expiry date; (c) the type, *product name and power level of each rocket motor and each reloading kit sold and the name of the person who obtained its authorization; (d) the product name of each igniter sold and the

name of the person who obtained its authorization; (e) the number of motors, kits and igniters sold under each product name; and (f) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

Rules for Users Acquisition 329 A user may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.

Storage — licensed user 330 (1) A user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Storage — unlicensed user (2) A user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a *storage unit and ensure that the requirements of sections 331 to 333 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity — dwelling 331 (1) In the case of storage in a dwelling, no more than 10 kg of rocket motors and reloading kits (combined quantity) and no more than 40 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 10 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 40.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 2 High-power Rocket Motors Rules for Users Sections 331-332

Maximum quantity — storage unit (2) In the case of storage in a *storage unit, no more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 200 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 200.

Rocket with motor installed (3) A high-power rocket in which a motor has been installed must not be stored. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — dwelling 332 (1) When rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When rocket motors, reloading kits or igniters are

stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than model rocket motors and

reloading kits and igniters for model rocket motors

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 15 Model and High-Power Rocket Motors DIVISION 2 High-power Rocket Motors Rules for Users Sections 332-335

may be stored with the rocket motors, reloading kits and igniters; (g) if the rocket motors, reloading kits and igniters, and any model rocket motors or reloading kits or igniters for model rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Attendance 333 Rocket motors, reloading kits and igniters must be

attended when they are not in storage.

*

*

Terms preceded by an asterisk are defined in section 6.

PART 16

Consumer Fireworks Overview 334 This Part authorizes the acquisition, storage and

sale of consumer fireworks (type F.1) and regulates their use. Division 1 sets out rules for sellers, while Division 2 sets out rules for users.

Definitions 335 (1) The following definitions apply in this Part.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks Sections 335-337

distributor means a person who sells consumer fireworks to other distributors or to retailers, whether or not they sell to users. (distributeur) licence means a licence that authorizes the storage of consumer fireworks. (licence) retailer means a person, other than a distributor, who sells consumer fireworks. (détaillant) seller means a distributor or a retailer. (vendeur) user means a person who acquires consumer fireworks for use. (utilisateur)

Storage (2) For the purposes of this Part, consumer fireworks are stored in a sales establishment if they are (a) inside the sales establishment, whether or not they

are in a *storage unit or displayed for sale; (b) outside the sales establishment in a storage unit that is used in operating the establishment; or (c) in a licensed magazine that is either inside or outside the establishment. *

Terms preceded by an asterisk are defined in section 6.

Consumer fireworks quantity 336 A reference to a mass of consumer fireworks in this

Part is a reference to their gross mass (the mass of the fireworks plus the mass of any packaging or container).

Prohibition on use 337 Except as authorized by this Part, it is prohibited for a person to use consumer fireworks.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Sections 338-341

DIVISION 1

Rules for Sellers Acquisition for Sale Distributor 338 (1) A distributor may acquire, store and sell consumer fireworks if they hold a licence. A distributor who acquires consumer fireworks must comply with this Division.

Retailer (2) A retailer may acquire, store and sell consumer fireworks, whether or not they hold a licence. A retailer who acquires consumer fireworks must comply with this Division.

Sales Establishment No sale from dwelling 339 A seller must not sell consumer fireworks from a

dwelling. Unobstructed exits 340 A seller must ensure that their sales establishment

has at least two unobstructed exits, that all aisles containing consumer fireworks are at least 1.2 m wide and that the aisles are not blocked at either end.

Retail sales establishment 341 (1) The sales establishment of a retailer who does

not hold a licence may be permanent (located in a permanent structure) or temporary (located in a tent, trailer or other temporary shelter).

Requirements (2) Whether the establishment is permanent or temporary, the retailer must ensure that (a) the sales establishment is protected from unauthorized access when it is not open for business; and (b) all places where consumer fireworks are stored,

whether inside or outside the establishment, must be at least 100 m from all above-ground storage tanks for flammable substances in bulk and at least 8 m from the following: (i) fuel dispensers at a fuel dispensing station,

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Sales Establishment Sections 341-343

(ii) retail propane-dispensing tanks and cylinders, (iii) above-ground storage tanks for flammable substances, and (iv) dispensing facilities for compressed natural

gas.

Temporary sales establishment (3) If the sales establishment is temporary, the retailer must also ensure that (a) all places where consumer fireworks are stored,

whether inside or outside the establishment, are at least 8 m from all flammable materials, sources of ignition, thoroughfares, buildings or other temporary sales establishments and at least 3 m from any vehicle parking area; (b) the fireworks are*attended at all times; and (c) if the sales establishment is a tent, the tent is made from flame-retardant material. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 28(E).

Storage Storage — licence holder 342 (1) A seller who holds a licence must store all their consumer fireworks in the magazine specified in their licence and ensure that the requirement of section 343 is met.

Storage — unlicensed retailer (2) A retailer who does not hold a licence must store

their consumer fireworks in a sales establishment other than a dwelling and ensure that the requirements of sections 343 to 349 are met.

Handling 343 Consumer fireworks may be handled by a buyer only after they have been sold, unless they are in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Storage Sections 343-345

Non-aerial fireworks 344 (1) Non-aerial fireworks (flares, fountains, snakes,

ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they are (a) kept behind a sales counter; (b) locked up (for example, in a cabinet); (c) in consumer packs that meet the requirements of section 345; or (d) in packaging or containers that comply with the

safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

Aerial fireworks (2) Aerial fireworks may be displayed for sale only if they

are (a) kept behind a sales counter; (b) locked up (for example, in a cabinet); or (c) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

Non-aerial and aerial fireworks (3) Non-aerial and aerial fireworks may be displayed for sale only if they are displayed in accordance with section 346. SOR/2013-211, s. 506; SOR/2016-75, s. 29.

Adequate consumer pack 345 For the purposes of this Part, a consumer pack must

meet the following requirements: (a) it must be of sufficient strength to withstand normal handling; (b) it must be designed so that it prevents a person

who is handling it from being able to ignite the consumer fireworks it contains; and

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Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Storage Sections 345-346

(c) it must be designed so that it prevents any shifting

of the consumer fireworks during handling or transportation; and (d) the *product name of all consumer fireworks in the

pack must be printed on it, along with the words “Non-aerial Fireworks/Pièces pyrotechniques non aériennes”, in a location that is clearly visible. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Requirements for display 346 When consumer fireworks are displayed for sale,

the following requirements must be met: (a) non-aerial fireworks in consumer packs that meet

the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less; (b) aerial fireworks in packaging or containers that

comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less; (c) all other fireworks, whether aerial or non-aerial,

must be separated into lots of 25 kg or less; (d) each lot must be separated from the other lots by a fire break; (e) the fireworks must be kept away from flammable substances and sources of ignition; (f) the fireworks must not be exposed to heat or dampness that might cause them to deteriorate; (g) the fireworks must be separated from the ceiling and from any fire prevention system by at least 0.6 m; (h) only people authorized by the retailer may have access to the area behind a sales counter; (i) smoking must be prohibited within 8 m of the fireworks; and (j) the fireworks must be *attended when the sales establishment is unlocked. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Storage Sections 346-349

Exception 347 Sections 343 to 346 do not apply to sparklers and

toy pistol caps. Maximum quantity 348 (1) No more than 1 000 kg of consumer fireworks may be stored in a sales establishment at any one time, including fireworks that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg may be stored at any one time, including fireworks that are displayed for sale.

Place of storage (2) Consumer fireworks that are not displayed for sale must be stored in a *storage unit. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — storage unit 349 When consumer fireworks are stored in a *storage

unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal); (f) nothing other than consumer fireworks may be

stored in the storage unit;

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Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Storage Sections 349-352

(g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Sale Maximum quantity — licensed buyer 350 (1) A seller must not sell more consumer fireworks

to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more consumer fireworks to an unlicensed buyer than the buyer is authorized by this Division to store.

Retailer 351 A retailer may sell only to users.

Copy of rules 352 (1) A distributor who sells consumer fireworks to a

retailer must offer the retailer a copy of this Division.

Table (2) A seller who sells consumer fireworks to a user must offer the user either a copy of the table at the end of this Part or a document that includes the same information.

Exception (3) Subsection (2) does not apply to the sale of toy pistol

caps.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 1 Rules for Sellers Sale Sections 353-355

Record of sale 353 A seller must keep a record of every sale of 150 kg or

more of consumer fireworks for two years after the date of the sale. The record must include the following information: (a) the buyer’s name and address; (b) in the case of a licensed buyer, the licence number and expiry date; (c) the *product name of each firework sold and the

name of the person who obtained its authorization; (d) the quantity of fireworks sold under each product

name; (e) in the case of a sale by a distributor, an indication

of whether the fireworks were purchased for re-sale or for use; and (f) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

DIVISION 2

Rules for Users Acquisition and Storage Acquisition 354 (1) A user who is at least 18 years old may acquire,

store and use consumer fireworks, whether or not they hold a licence. A user who acquires consumer fireworks must comply with this Division.

Toy pistol caps (2) A user who is less than 18 years old may acquire and

use toy pistol caps. Storage — licensed user 355 (1) A user who holds a licence must store their consumer fireworks in the magazine specified in the licence.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 2 Rules for Users Acquisition and Storage Sections 355-357

Storage — unlicensed user (2) A user who does not hold a licence must store their

consumer fireworks in a dwelling or a *storage unit and ensure that the requirements of sections 356 and 357 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity — dwelling 356 (1) The maximum quantity of consumer fireworks

that may be stored at any one time in a dwelling is 10 kg.

Maximum quantity — storage unit (2) The maximum quantity of consumer fireworks that

may be stored at any one time in *storage units, whether in a single unit or in several, is 1 000 kg. *

Terms preceded by an asterisk are defined in section 6.

Storage requirements — dwelling 357 (1) When consumer fireworks are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When consumer fireworks are stored in a *storage

unit, (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be unobstructed; (e) any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal); (f) nothing other than consumer fireworks may be

stored in the storage unit;

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Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 2 Rules for Users Acquisition and Storage Sections 357-359

(g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Use Instructions 358 (1) When using consumer fireworks, a user must

follow the instructions of the person who obtained their authorization. If there are no such instructions, the fireworks must not be used. Electric match (2) A user must not use an electric match to fire fireworks.

No smoking (3) A user must not smoke, and must prohibit all others

from smoking, within 8 m of the site of use of the fireworks. SOR/2016-75, s. 30.

User under 18 years old 359 (1) A user who is under the age of 18 may use consumer fireworks if they are supervised by a person who is at least 18 years old.

Supervision (2) A person who acquires consumer fireworks may give

them to a user who is under the age of 18 if the person ensures that the user is supervised by a person who is at least 18 years old.

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Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 2 Rules for Users Use Section 359

Toy pistol caps (3) The supervision requirement in subsections (1) and (2) does not apply in respect of toy pistol caps.

TABLE/TABLEAU IMAGES

USING CONSUMER FIREWORKS

Part 16 of the Explosives Regulations, 2013 provides additional safety rules for consumer fireworks.

PEOPLE UNDER 18 YEARS OLD who use fireworks m be supervised by an adult.

CHOOSE a wide, clear site away from all obstacles. to the safety instructions on the fireworks label for minimum distances from spectators.

DO NOT FIRE IN WINDY CONDITIONS.

READ all instructions on the fireworks. PLAN the ord firing before you begin.

USE A GOOD FIRING BASE such as a pail filled with earth or sand.

BURY fireworks that do not have a base HALFWAY i container of earth or sand (such as a pail, box or wheelbarrow) unless the label on the firework indica otherwise. Set them at a 10-degree angle, pointing a from people.

NEVER try to light a firework or hold a lit firework in hand unless the instructions of the person who obta its authorization indicate that they are designed to b hand-held.

LIGHT CAREFULLY: Always light the fuse at its tip.

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Explosives Regulations, 2013 PART 16 Consumer Fireworks DIVISION 2 Rules for Users Use Sections 360-361

IMAGES

USING CONSUMER FIREWORKS KEEP WATER NEARBY: Dispose of used fireworks (including debris) in a pail of water.

WAIT at least 30 minutes before approaching a firew that did not go off. NEVER try to RELIGHT a firework did not go off. NEVER try to fix a firework that is defective.

KEEP fireworks in a cool, dry, ventilated place, out o reach of children.

IT IS RECOMMENDED that safety glasses be worn.

SOR/2016-75, s. 31.

PART 17

Special Effect Pyrotechnics Overview 360 This Part authorizes the acquisition, storage and

sale of special effect pyrotechnics and regulates their use. Division 1 sets out rules for sellers. Division 2 sets out rules for users and other acquirers and indicates how to obtain a fireworks operator certificate.

Definitions 361 The following definitions apply in this Part.

black powder means an explosive classified as type P.1. (poudre noire) licence means a licence that authorizes the storage of the type of pyrotechnics to be sold or acquired. (licence)

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics Sections 361-362

propellant powder means black powder and smokeless powder. (poudre propulsive) pyrotechnic event means an event at which special effect pyrotechnics are used and includes a film or television production in which special effect pyrotechnics are used. (activité pyrotechnique) special effect pyrotechnics means, in addition to any explosive classified as type F.3, the following types of explosive if it will be used to produce a special effect in a film or television production or a performance before a live audience: *

(a) fireworks accessories (type F.4); (b) black powder and hazard category PE 1 black powder substitutes (type P.1); (c) smokeless powder and hazard category PE 3 black

powder substitutes (type P.2); (d) initiation systems (type I) (for example, blasting accessories); (e) detonating cord (type E.1); and (f) low-hazard special purpose explosives (Type S.1)

and high-hazard special purpose explosives (Type S.2). (pièce pyrotechnique à effets spéciaux) smokeless powder means an explosive classified as type P.2. (poudre sans fumée) special purpose pyrotechnics means special effect pyrotechnics that are combined with a flammable liquid, solid or gas to produce custom-made special effects. (pièce pyrotechnique à usage particulier) user means a person who acquires special effect pyrotechnics for use, which includes setting them up and firing them. (utilisateur) *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 33.

Pyrotechnics quantity 362 A reference to the mass of a special effect pyrotechnic in this Part is a reference to its gross mass (the mass of the pyrotechnic plus the mass of any packing or container) except in the case of propellant powder, where it is a reference to its net quantity (the mass of the powder excluding the mass of any packaging or container and, in

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 1 Rules for Sellers Sections 362-368

the case of an *explosive article, also excluding any component that is not an *explosive substance). *

Terms preceded by an asterisk are defined in section 6.

Prohibition on use 363 Except as authorized by this Part, it is prohibited for

a person to use special effect pyrotechnics.

DIVISION 1

Rules for Sellers Acquisition for Sale and Storage Acquisition 364 A seller may acquire, store and sell special effect pyrotechnics if they hold a licence. A seller who acquires special effect pyrotechnics must comply with this Division.

Storage 365 (1) A seller must store their special effect pyrotechnics in the magazine specified in their licence. (2) [Repealed, SOR/2018-231, s. 34] SOR/2018-231, s. 34.

No display for sale 366 A seller must not display special effect pyrotechnics for sale.

Transfer of powder 367 A seller must not transfer propellant powder from one container to another for the purpose of sale unless their licence authorizes them to do so.

Sale Certificate required 368 (1) A seller may sell special effect pyrotechnics only

to a buyer who holds the fireworks operator certificate that is required for use of the pyrotechnics that are to be bought.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 1 Rules for Sellers Sale Sections 368-370

Licence and certificate required (2) A seller may sell initiation systems or detonating

cord only to a buyer who holds a licence and a fireworks operator certificate (special effects pyrotechnician — detonating cord).

Exception (3) Despite subsection 1, a seller may sell flash cotton, flash paper, flash string, sparkle string or propellant powder to a buyer who holds neither a licence nor a fireworks operator certificate.

Licence required (4) A seller may sell special effect pyrotechnics to a buyer

who is not a user only if the buyer holds a licence.

Maximum quantity — licensed buyer 369 (1) A seller must not sell more special effect pyrotechnics to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more special effect pyrotechnics to an unlicensed buyer than the buyer is authorized by this Part to store.

Identification 370 (1) Before selling special effect pyrotechnics, the seller must require the buyer to establish their identity by showing either (a) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the user; or (b) two pieces of identification, each of which sets out

the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address.

Comparison (2) If the buyer provides a piece of identification that

bears a photograph, the seller must, before selling the special effect pyrotechnics, ensure that the photograph is that of the buyer.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 1 Rules for Sellers Sale Sections 371-372

Record of sale 371 A seller must keep a record of every sale of special

effect pyrotechnics for two years after the date of the sale. The record must include the following information: (a) the buyer’s name and address; (b) if applicable, the number and expiry date of the

buyer’s licence and, if applicable, the number and expiry date of the buyer’s fireworks operator certificate; (c) the type and *product name of each special effect

pyrotechnic sold and the name of the person who obtained its authorization; (d) the quantity of special effect pyrotechnics sold under each product name; (e) a short description of the effects of any *explosive article sold; (f) the size of the container in which any propellant

powder was sold; and (g) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

DIVISION 2

Rules for Users and Other Acquirers SUBDIVISION A

Users without a Licence or Certificate Flash Cotton, Flash Paper, Flash String and Sparkle String Acquisition 372 A user who holds neither a fireworks operator certificate nor a licence may acquire, store and use flash cotton, flash paper, flash string and sparkle string.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION a Users without a Licence or Certificate Sections 373-377

Storage 373 A user who acquires flash cotton, flash paper, flash

string or sparkle string must store it in a dwelling or a storage unit and ensure that the requirements of sections 374, 382 and 383 are met.

*

*

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 374 No more than 200 g of flash cotton, 1 kg of flash paper, 200 g of flash string and 200 g of sparkle string may be stored at any one time.

Percussion Caps and Propellant Powder Used in Historical Re-enactments Acquisition 375 (1) A user who holds neither a fireworks operator

certificate nor a licence may acquire, store and use percussion caps and propellant powder, if the caps and powder are acquired for use in original or reproduction firearms in an historical re-enactment.

Requirements for use (2) A user who acquires percussion caps and propellant powder for an historical re-enactment (a) must have the written approval of the *local authority to hold the re-enactment or must be under the supervision of a person who has that approval; and (b) must have experience in the safe use of explosives in historical re-enactments, have completed a course on this use certified by the Minister or be under the supervision of a person who has that experience or has completed such a course. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38.

Storage 376 A user must store their percussion caps and propellant powder in a dwelling or in a *storage unit and ensure that the requirements of sections 377 to 380, 382 and 383 are met. *

Terms preceded by an asterisk are defined in section 6.

Percussion caps 377 (1) Percussion caps must be stored in their original

packaging.

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION a Users without a Licence or Certificate Sections 377-380

Smokeless powder (2) Smokeless powder must be stored in its original container or in *small arms cartridges.

Black powder (3) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches. *

Terms preceded by an asterisk are defined in section 6.

Detached dwellings or site of use 378 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, in a *storage unit attached to a detached dwelling or in a storage unit at the site of use is 25 kg, of which no more than 10 kg may be black powder. *

Terms preceded by an asterisk are defined in section 6.

Other dwellings — smokeless powder 379 (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a *storage unit attached to a dwelling other than a detached dwelling, is (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

Other dwellings — black powder (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is (a) 1 kg, if the black powder is in containers; or (b) 3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches. *

Terms preceded by an asterisk are defined in section 6.

Detached storage unit 380 The maximum quantity of propellant powder that

may be stored at any one time in *storage units that are not attached to a dwelling and are not at the site of use, whether in a single unit or in several, is 75 kg. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION a Users without a Licence or Certificate Sections 380-382

Pyrotechnics Used in Student Training Student in training 381 A user who holds neither a fireworks operating certificate nor a licence and who is taking a college or university course on special effect pyrotechnics that is certified by the Minister may, during their training and while under the supervision of a holder of a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician), use any special effect pyrotechnics that their supervisor is authorized to use. SOR/2016-75, s. 38.

Storage Storage requirements — dwelling 382 (1) When special effect pyrotechnics are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When special effect pyrotechnics are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than special effect pyrotechnics may be stored in the storage unit;

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION a Users without a Licence or Certificate Sections 382-384

(g) propellant powder, firework accessories and other

special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden partition); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Storage — site of use 383 (1) When special effect pyrotechnics are stored in a

storage unit at the site of use, the unit must be made from, or lined with, a non-sparking material, marked with the words “Pyrotechnics/Pièces pyrotechniques” and kept locked. Nothing other than special effect pyrotechnics may be stored in the storage unit.

*

Location of storage unit (2) The storage unit must be kept away from other

flammable substances and sources of ignition and in an area that is not accessible to the public. *

Terms preceded by an asterisk are defined in section 6.

Use Instructions 384 (1) A user must, when using special effect pyrotechnics, follow the instructions of the person who obtained their authorization. Prohibited use (2) A user must not use special effect pyrotechnics if they

show any signs of deterioration (for example, discoloration or a vinegary smell).

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION a Users without a Licence or Certificate Sections 384-387

Electric match (3) A user must not use an electric match to ignite flash

cotton, flash paper, flash string or sparkle string. SOR/2016-75, s. 32.

SUBDIVISION B

Other Acquirers Without a Certificate License holder 385 A person who does not hold a fireworks operator

certificate may acquire and store special effect pyrotechnics if they hold a licence. They must store their special effect pyrotechnics in the magazine specified in their licence.

SUBDIVISION C

Users with a Certificate Fireworks Operator Certificates Types of certificate 386 The fireworks operator certificates issued by the Minister that are required for the use of special effect pyrotechnics are the following: (a) fireworks operator certificate (pyrotechnician); (b) fireworks operator certificate (senior pyrotechnician); (c) fireworks operator certificate (special effects pyrotechnician); (d) fireworks operator certificate (special effects pyrotechnician — detonating cord); and (e) fireworks operator certificate (visitor pyrotechnician). SOR/2016-75, s. 38.

Qualifications to Obtain a Certificate Pyrotechnician 387 (1) To obtain a fireworks operator certificate (pyrotechnician), a person must successfully complete the special effects pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division,

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION c Users with a Certificate Sections 387-388

Department of Natural Resources or a course certified as equivalent by the Minister.

Senior pyrotechnician (2) To obtain a fireworks operator certificate (senior pyrotechnician), a person must have acted as a pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3 and propellant powder. Special effects pyrotechnician (3) To obtain a fireworks operator certificate (special effects pyrotechnician), a person must have acted as a senior pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3, propellant powder and special purpose pyrotechnics.

Special effects pyrotechnician — detonating cord (4) To obtain a fireworks operators certificate (special effects pyrotechnician — detonating cord), a person must have a fireworks operator certificate (special effects pyrotechnician) and must be able to safely use initiation systems and detonating cords.

Visitor pyrotechnician (5) To obtain a fireworks operator certificate (visitor pyrotechnician), a person must reside outside Canada and have the necessary experience using special effect pyrotechnics to safely carry out the activities of a holder of a fireworks operator certificate (pyrotechnician). SOR/2016-75, s. 38.

Application Application for certificate — pyrotechnician 388 (1) An applicant for a fireworks operator certificate (pyrotechnician) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents: (a) the applicant’s name, date of birth, address, telephone number, fax number and email address; (b) the name of any organization of pyrotechnicians to which the applicant belongs;

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION c Users with a Certificate Section 388

(c) a photograph of the applicant taken within the

previous 12 months; and (d) proof that the applicant has successfully completed the pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

Proof of course completion (2) An applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.

Application — senior pyrotechnician and special effects pyrotechnician (3) An applicant for a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents: (a) the applicant’s name, date of birth, address, telephone number, fax number and email address; (b) the name of any organization of pyrotechnicians to which the applicant belongs; (c) the number and expiry date of the applicant’s fireworks operator certificate; (d) a photograph of the applicant taken within the previous 12 months; and (e) a copy of the applicant’s work journal that sets out (i) the date and place of each pyrotechnic event at which the applicant has worked and the types of explosives used, (ii) the capacity in which the applicant acted at

each pyrotechnic event, and (iii) the name of the applicant’s supervisor at each pyrotechnic event. (f) [Repealed, SOR/2018-231, s. 35]

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION c Users with a Certificate Section 388

Other certificates (4) An applicant for one of the following certificates

must provide the information and documents referred to in subsection (3) and, in addition, must (a) for a fireworks operator certificate (senior pyrotechnician), establish that they have acted as a pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3 and propellant powder; (b) for a fireworks operator certificate (special effects pyrotechnician), establish that they have acted as a senior pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3, propellent powder and special purpose pyrotechnics; and (c) for a fireworks operator certificate (special effects

pyrotechnician — detonating cord), establish that they have acted as a special effects pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use initiation systems and detonating cords.

Application — visitor pyrotechnician (5) An applicant for a fireworks operator certificate (visitor pyrotechnician) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents: (a) the applicant’s name, date of birth, address, telephone number, fax number and email address; (b) the name of any organization of pyrotechnicians to which the applicant belongs; (c) a photograph of the applicant taken within the

previous 12 months; (d) a copy of the applicant’s resumé which sets out the

pyrotechnic events at which they have used special effect pyrotechnics and the people and organizations for which they have worked; (e) a list of the pyrotechnic events in which they plan to participate in Canada and the dates of the events; and

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(f) the name, telephone number and number of the

fireworks operator certificate of the pyrotechnician in charge at each event in which they plan to participate.

Fees (6) An applicant for a fireworks operator certificate or a

modification to or change of a certificate must pay the applicable fees set out in Part 19. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 38; SOR/2018-231, s. 35.

Acquisition and Storage Acquisition 389 A user may acquire and store special effect pyrotechnics, whether or not they hold a licence, if they hold the fireworks operator certificate required for use of the pyrotechnics to be acquired. However, a user who does not hold a licence must not acquire initiation systems or detonating cords. A user who acquires special effect pyrotechnics must comply with this subdivision.

Storage — licensed user 390 (1) A user who holds a licence must store their special effect pyrotechnics in the magazine specified in their licence. Exception (2) Despite subsection (1), a user who holds a licence may store up to 500 electric matches and up to 25 kg of other special effect pyrotechnics in a dwelling or a *storage unit. A user who does so must ensure that the requirements of sections 393 to 397 are met. *

Terms preceded by an asterisk are defined in section 6.

Storage — unlicensed user 391 A user who does not hold a licence must store their special effect pyrotechnics in a dwelling or a *storage unit and ensure that the requirements of sections 392 to 397 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 392 No more than 500 electric matches and 25 kg of other special effect pyrotechnics may be stored at any one time.

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Smokeless powder 393 (1) Smokeless powder must be stored in its original

container or in small arms cartridges.

Black powder (2) Black powder must be stored in its original container,

in small arms cartridges or in black powder cartouches.

Detached dwelling 394 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a *storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder. *

Terms preceded by an asterisk are defined in section 6.

Other dwellings — smokeless powder 395 (1) The maximum quantity of smokeless powder

that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

Other dwellings — black powder (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is (a) 1 kg, if the black powder is in containers; and (b) 3 kg less any quantity that is in containers, if the

black powder is in *small arms cartridges or black powder cartouches. *

Terms preceded by an asterisk are defined in section 6.

Detached storage unit 396 The maximum quantity of propellant powder that a

user may store at any one time in a *storage unit that is not attached to a dwelling, whether in a single unit or in several, is 75 kg. *

Terms preceded by an asterisk are defined in section 6.

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION c Users with a Certificate Section 397

Storage requirements — dwelling 397 (1) When special effects pyrotechnics are stored in

a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the pyrotechnics from theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When special effect pyrotechnics are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than special effect pyrotechnics may

be stored in the storage unit; (g) propellant powder, firework accessories and other

special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden partition); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

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398 (1) and (2) [Repealed, SOR/2018-231, s. 36]

Storage — site of use (3) Any *storage unit at the site of use must be located in

an area that is not accessible to the public.

Storage — in magazine (4) Special effect pyrotechnics that are not stored in a

locked storage unit must be stored in a magazine.

Pyrotechnics to be attended (5) Special effect pyrotechnics must be attended when

they are not in a storage unit or a magazine. *

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 36.

Use Pyrotechnician and visitor pyrotechnician 399 A user who holds a fireworks operator certificate (pyrotechnician) or a fireworks operator certificate (visitor pyrotechnician) may use the following explosives: (a) explosives that are classified as type F.3 and whose

use by pyrotechnicians or visitor pyrotechnicians has been authorized by the Chief Inspector of Explosives under section 32 or 33 as well as all fireworks accessories; (b) smokeless powder; (c) explosives classified as type F.3, other than those

referred to in paragraph (a), and black powder, but only under the direct supervision of a senior pyrotechnician or special effects pyrotechnician; (d) special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; and (e) initiation systems and detonating cord, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

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Senior pyrotechnician 400 A user who holds a fireworks operator certificate (senior pyrotechnician) may use the following explosives: (a) explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; (b) special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; and (c) initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

Special effects pyrotechnician 401 (1) A user who holds a fireworks operator certificate (special effects pyrotechnician) may (a) assemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; and (b) use initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

Special effects pyrotechnician — detonating cord (2) A user who holds a fireworks operator certificate

(special effects pyrotechnician — detonating cord) may (a) assemble at the site of use and use special purpose

pyrotechnics, explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; and (b) use initiation systems and detonating cords.

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Explosives Regulations, 2013 PART 17 Special Effect Pyrotechnics DIVISION 2 Rules for Users and Other Acquirers SUBDIVISION c Users with a Certificate Sections 402-403

Supervision of a Pyrotechnic Event Pyrotechnician in charge 402 (1) Every organizer of a pyrotechnic event must ensure that the event is supervised by a pyrotechnician in charge. Responsibilities (2) The pyrotechnician in charge must ensure that the

event is carried out safely and that the requirements of sections 403 to 408 are complied with.

Plan 403 (1) A pyrotechnic event plan must be prepared in

writing and kept for two years after the date of the pyrotechnic event. The plan must include the following information: (a) the name of the pyrotechnician in charge and the

number and expiry date of their fireworks operator certificate; (b) a description of the site of the event, including the

placement of the special effect pyrotechnics, the proximity of the audience and the location of every exit, every storage area for the pyrotechnics and every smoke detector that may be triggered by the pyrotechnics used in the event; (c) the type and *product name of each special effect pyrotechnic that will be used and name of the person who obtained its authorization; (d) a description of each special effect pyrotechnic; (e) the anticipated height, duration and fallout effect of the effects of each special effect pyrotechnic; (f) a description of the anticipated effects of each special purpose pyrotechnic; (g) the method and sequence of firing the special effect pyrotechnics; and (h) an assessment of the likelihood of harm to people

or property resulting from the use of the special effect pyrotechnics.

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Approval (2) The plan must be submitted to the *local authority.

The written approval of the local authority to hold the pyrotechnic event must be obtained before the event takes place. Safety meetings (3) Meetings must be held with the people who will participate in presenting the pyrotechnic event (for example, security guards, artists and technicians) to inform them of the special effect pyrotechnics that will be used and the safety precautions to be taken during the event. Subsequent meetings must be held if the event is changed in a way that increases the likelihood of harm to people or property resulting from the use of the pyrotechnics. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Danger zone 404 (1) A danger zone must be established, taking into

account the properties of the special effect pyrotechnics to be used, how they will be positioned, the instructions of the person who obtained their authorization, the weather conditions if the pyrotechnic event is to be held outdoors and the likelihood of harm to people or property resulting from the use of the pyrotechnics.

Flammables (2) The danger zone must not contain any flammables or

other items that are likely to catch fire.

Access (3) Only people authorized by the pyrotechnician in

charge may enter or be in the danger zone from the time any special effect pyrotechnics are brought into the zone until the pyrotechnician in charge declares the zone to be free of explosives.

No smoking (4) Smoking must be prohibited in the danger zone. SOR/2016-75, s. 33.

Fire prevention and first aid 405 During the pyrotechnic event, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid

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that minimize the possibility of harm must be present at the site.

Instructions 406 (1) When setting up and firing the special effect pyrotechnics, the instructions of the person who obtained their authorization must be followed.

Firing unit (2) Only the pyrotechnician in charge, or a person designated by the pyrotechnician in charge, may have access to the firing unit.

Physical keying device (3) The pyrotechnician in charge, or a person designated

by the pyrotechnician in charge, must have control of any physical keying device at all times. Safety interlock (4) The firing unit must be equipped with a safety interlock that has at least two steps. Extraneous electricity (5) Precautions that minimize the likelihood of extraneous electricity igniting an electric match must be taken.

Device attached to body (6) Any device that is used to contain special effect pyrotechnics and is hand-held or attached to a person’s body must be equipped with a firing system that has two switches.

Connecting to power supply (7) A firing unit must not be connected to a power supply except during a test of circuit continuity or immediately before a special effect pyrotechnic is to be fired. The circuit continuity tester must be current-limited and intrinsically safe so as to eliminate the possibility of an ignition of any pyrotechnic.

Devices (8) Any device that is used to contain special effect pyrotechnics must be (a) designed and manufactured to prevent fragmentation or distortion of the device;

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(b) designed and manufactured to prevent or contain

fragmentation of the pyrotechnics; (c) mounted so as to prevent any change in position or direction when used; (d) positioned and secured in a manner that minimizes the likelihood of harm to people and property; and (e) maintained in good condition.

Damaged pyrotechnics (9) Special effect pyrotechnics that are damaged, leaking, damp or contaminated must not be used.

No firing (10) A special effect pyrotechnic must not be fired if a

circumstance occurs that could increase the likelihood of harm to people or property.

Postponing or stopping event (11) A pyrotechnic event must be postponed or stopped if unfavourable weather conditions develop, a special effect pyrotechnic malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property. SOR/2016-75, s. 34.

Firing unit disconnected 407 (1) The firing unit must be disconnected immediately after the pyrotechnic event, as well as during a pause in the event if keeping the unit connected could increase the likelihood of harm to people or property. When a unit is disconnected, any physical keying device must be removed and kept in the possession of the pyrotechnician in charge or a person designated by the pyrotechnician in charge.

Misfired pyrotechnics (2) Misfired special effect pyrotechnics must not be approached until at least (a) one minute after firing, if the firing was initiated by an electric match; and (b) 30 minutes after firing, if the firing was initiated

by other means.

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Precautions (3) Precautions that minimize the likelihood of harm to

people and property from misfired special effect pyrotechnics must be taken.

Search (4) As soon as the circumstances permit after the periods referred to in subsection (2), the site of the pyrotechnic event must be searched and all explosives must be removed from the site.

Access (5) After the event, only people designated to do a search by the pyrotechnician in charge may enter or be in the danger zone until the pyrotechnician in charge declares the zone to be free of explosives.

Logbook of events 408 A record of the pyrotechnic event must be made in a

logbook that sets out the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded event. The record must include the following information and documents: (a) a copy of the pyrotechnic event plan prepared for the event; (b) a copy of the *local authority’s approval to hold the

event; (c) the name and address of every person who worked

at the event under the supervision of the pyrotechnician in charge; and (d) a description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with. *

Terms preceded by an asterisk are defined in section 6.

Record of licence holder 409 When a pyrotechnic event is held on behalf of a licence holder, the holder must keep a record of the event for two years after the date of the event. The record must include the following information and documents: (a) the licence holder’s name and address and the number and expiry date of their licence;

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(b) the name of the pyrotechnician in charge and the

number and expiry date of their fireworks operator certificate; (c) a copy of the *local authority’s approval to hold the

event; (d) the type and *product name of each special effect pyrotechnic used and the name of the person who obtained its authorization; (e) the quantity used under each product name; and (f) the date and site of the event. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

PART 18

Display Fireworks Overview 410 This Part authorizes the acquisition, storage and

sale of display fireworks (type F.2) and their accessories and regulates their use. Division 1 sets out rules for sellers and users of display fireworks and fireworks accessories, including how to obtain a fireworks operator certificate. Division 2 sets out additional rules for display fireworks that are firecrackers.

Definitions 411 The following definitions apply in this Part.

licence means a licence that authorizes the storage of display fireworks and their accessories. (licence) user means a person who acquires display fireworks or their accessories for use, which includes setting them up and firing them. (utilisateur)

Quantity of display fireworks 412 A reference to a mass of display fireworks or their

accessories in this Part is a reference to their net quantity

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Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks Sections 412-418

(the mass of the fireworks excluding the mass of any packaging or container). SOR/2018-231, s. 37.

Use prohibited 413 Except as authorized by this Part, it is prohibited for a person to use display fireworks or their accessories.

DIVISION 1

Display Fireworks Definition of fireworks 414 In this Division, fireworks means display fireworks and fireworks accessories that are used with display fireworks.

SUBDIVISION A

Rules for Sellers Acquisition for Sale and Storage Acquisition 415 A seller may acquire, store and sell fireworks if they hold a licence. A seller who acquires fireworks must comply with this Division.

Storage 416 (1) A seller must store their fireworks in the magazine specified in their licence. Electric matches (2) A seller must not store electric matches in a magazine in which other fireworks are stored.

No display for sale 417 A seller must not display fireworks for sale.

Sale Authorized buyers 418 A seller may sell fireworks only to

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Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION a Rules for Sellers Sections 418-420

(a) a person who holds a licence; or (b) a user who holds the fireworks operator certificate that is required for use of the fireworks to be bought and who provides the seller with a copy of a *local authority’s approval to hold the fireworks display in which the fireworks will be used. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity — licensed buyer 419 (1) A seller must not sell more fireworks to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer (2) A seller must not sell more fireworks to an unlicensed buyer than the buyer is authorized by the *local authority to store or the quantity set out in section 426, whichever is less. *

Terms preceded by an asterisk are defined in section 6.

Record of sale 420 A seller must keep a record of every sale of fireworks for two years after the date of the sale. The record must include the following information and documents: (a) the buyer’s name and address; (b) in the case of a sale to a licensed buyer, the number and expiry date of their licence; (c) in the case of a sale to the holder of a fireworks operator certificate, the number and expiry date of the certificate and a copy of a *local authority’s approval to hold the fireworks display in which the fireworks will be used; (d) the type and *product name of each firework sold

and the name of the person who obtained its authorization; (e) the quantity of fireworks sold under each product

name; and (f) the date of the sale. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 38, 44(F), 45(E).

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Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION b Rules for Users Sections 421-422

SUBDIVISION B

Rules for Users Fireworks Operator Certificates Types of certificates 421 The certificates issued by the Minister that are required for the use of fireworks are the following: (a) fireworks operator certificate (display assistant); (b) fireworks operator certificate (display supervisor); (c) fireworks operator certificate (display supervisor

with endorsement); and (d) fireworks operator certificate (display visitor). SOR/2016-75, s. 38.

Qualifications to Obtain a Certificate Display assistant 422 (1) To obtain a fireworks operator certificate (display assistant), a person must successfully complete the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

Display supervisor (2) To obtain a fireworks operator certificate (display supervisor), a person must have acted as a display assistant in at least three fireworks displays within five years after the date on which the applicant completed the display fireworks safety and legal awareness course or its equivalent.

Display supervisor with endorsement (3) To obtain a fireworks operator certificate (display supervisor with endorsement), a person must hold a fireworks operator certificate (display supervisor) and must either (a) successfully complete an advanced safety course,

certified by the Minister, on the fireworks or display sites covered by the endorsement; or (b) demonstrate to the Minister that, working under

the direct supervision of a display supervisor in

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charge, they have obtained the necessary experience to safely carry out the activities covered by the endorsement. Display visitor (4) To obtain a fireworks operator certificate (display visitor), a person must reside outside Canada and must have the experience necessary to safely carry out the activities of a holder of a fireworks operator certificate (display assistant). SOR/2016-75, ss. 38, 44(F).

Application Applying for certificate 423 (1) An applicant for a fireworks operator certificate (display assistant) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents: (a) the applicant’s name, date of birth, address, telephone number, fax number and email address; (b) the name of any organization of fireworks operators to which the applicant belongs; (c) a photograph of the applicant taken within the previous 12 months; and (d) proof that the applicant has successfully completed the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

Late submission of proof (2) An applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.

Display supervisor (3) An applicant for a fireworks operator certificate (display supervisor) must complete, sign and send to the Chief Inspector of Explosives the application form

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Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION b Rules for Users Section 423

provided by the Department of Natural Resources. The application must include the following information and documents: (a) the applicant’s name, date of birth, address, telephone number, fax number and email address; (b) the name of any organization of fireworks operators to which the applicant belongs; (c) the number and expiry date of the applicant’s fireworks operator certificate; (d) a photograph of the applicant taken within the

previous 12 months; (e) a copy of the applicant’s work journal that sets out (i) the date and place of each fireworks display at

which the applicant has worked and a description of the fireworks used, (ii) the capacity in which the applicant acted at

each fireworks display, and (iii) the name of the display supervisor in charge at

each fireworks display; and (f) a letter of recommendation.

Endorsements (4) In an application for a fireworks operator certificate

(display supervisor with endorsement), in addition to providing the information and documents referred to in subsection (3), the applicant must establish that they have acted as a display supervisor in charge in at least three fireworks displays within the previous five years and, (a) for a large shell endorsement, establish that they

hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of large shells and which attests that the applicant is able to safely use the shells; (b) for a nautical effects endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of nautical effects and which attests that the applicant is able to safely use the effects;

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(c) for a flying saucer endorsement, establish that

they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of flying saucers and which attests that the applicant is able to safely use flying saucers; (d) for a rooftop site endorsement, establish that they

hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a rooftop and which attests that the applicant is able to safely fire from a rooftop site; (e) for a bridge site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a bridge and which attests that the applicant can safely fire from a bridge site; (f) for a flatbed site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a flatbed and which attests that the applicant can safely fire from a flatbed site; or (g) for a floating platform site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display in which the applicant was trained to fire fireworks from a floating platform and which attests that the applicant can safely fire from a floating platform site.

Display visitor (5) An applicant for a fireworks operator certificate (display visitor) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents: (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

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(b) the name of any organization of fireworks operators to which the applicant belongs; (c) a photograph of the applicant taken within the previous 12 months; (d) a copy of the applicant’s resumé that sets out the

displays in which they have used display fireworks and the people and organizations for which they have worked; (e) a list of the fireworks displays in which they plan to participate while in Canada and the dates of the events; and (f) the name, telephone number and number of the

fireworks operator certificate of the supervisor in charge at each fireworks display in which they plan to participate. Fees (6) An applicant for a fireworks operator certificate or

for a modification to, or change of, a certificate must pay the applicable fees set out in Part 19. SOR/2016-75, s. 38.

Acquisition and Storage Acquisition 424 A user may acquire fireworks, whether or not they hold a licence, if they hold the fireworks operator certificate required for the use of the fireworks to be acquired. A user who acquires fireworks must comply with this Division.

Storage — licence holder 425 (1) A user who holds a licence must store their fireworks in the magazine specified in their licence.

Electric matches (2) A user must not store electric matches in a magazine

in which other fireworks are stored.

Storage — display supervisor in charge 426 A user who is the display supervisor in charge of a

display, whether or not they hold a licence, may store the fireworks to be used in a display –– to a maximum of 500 electric matches and 100 kg of other fireworks — in a

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Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION b Rules for Users Sections 426-427

storage unit if they obtain the written approval of the *local authority to do so. The user must ensure that the requirements in section 427 are met. *

*

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 39.

Storage requirements — storage unit 427 When fireworks are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed; (e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than *explosives classified as type F

may be stored in the storage unit; (g) electric matches must be stored separately from

other explosives (for example, on different shelves or separated by a wooden partition); (h) the storage unit must be *attended when it is unlocked; (i) the storage unit must be kept clean, dry, organized and free of grit; (j) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION b Rules for Users Sections 428-431

Use Display assistant and display visitor 428 A user may use fireworks if they hold a fireworks

operator certificate (display assistant) or a fireworks operator certificate (display visitor) and use them under the direct supervision of the display supervisor in charge.

Display supervisor 429 (1) A user may use fireworks other than aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) and fire them from a site other than a rooftop, bridge, flatbed or floating platform.

Endorsement required (2) A user may (a) use aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement; and (b) fire fireworks from a rooftop site, bridge site, flatbed site or floating platform site if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement.

SUBDIVISION C

Supervision of a Fireworks Display Definition of firing site 430 In this subdivision, firing site means the area within a display site where the fireworks are set up and fired.

Display supervisor in charge 431 (1) Every person who organizes a fireworks display

must ensure that it is supervised by a display supervisor in charge.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION c Supervision of a Fireworks Display Sections 431-432

Responsibilities (2) The display supervisor in charge must ensure that

the display is carried out safely and that the requirements in sections 432 to 438 are met.

Plan 432 (1) A fireworks display plan must be prepared in

writing and kept for two years after the date of the display. The plan must include the following information: (a) the name of the display supervisor in charge and

the number and expiry date of their fireworks operator certificate; (b) the location of any *storage units in which the fireworks to be displayed will be stored before or after the display; (c) a description of the display site, including the distance in metres from the firing site to the nearest spectators, buildings, structures and *vulnerable sites; (d) the type of fireworks to be used; (d.1) the diameter in millimetres of the largest aerial shell to be used or, if no aerial shells are to be used, the maximum height the fireworks will reach during the display; (e) the quantity of fireworks to be used; (f) a description of how the fireworks will be positioned within the firing site and how they will be fired; (g) a description of the crowd-control measures that

will be taken; and (h) an assessment of the likelihood of harm to people and property resulting from the use of the fireworks.

Approval (2) The plan must be submitted to the *local authority.

The written approval of the local authority to hold the fireworks display must be obtained before the display takes place.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION c Supervision of a Fireworks Display Sections 432-434

Safety meetings (3) Meetings must be held with all people who will participate in presenting the fireworks display (for example, security guards and technicians) to inform them of the fireworks that will be used and the safety precautions to be taken during the display. Subsequent meetings must be held if the display is changed in a way that increases the likelihood of harm to people or property resulting from the use of the fireworks. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 40.

Fireworks to be attended 433 The fireworks must be *attended when they are not

in a *storage unit or a magazine. *

Terms preceded by an asterisk are defined in section 6.

Danger zone 434 (1) When the fireworks are brought to the firing

site, a danger zone must be established whose outer boundary is at least 30 m from the perimeter of the firing site. A smaller danger zone may be established only with the written approval of the *local authority. Flammables (2) The danger zone must not contain any flammables or

other items that are likely to catch fire.

Fallout zone (3) Before the continuity of the circuits is tested or, in

the case of manually fired fireworks, before the first firework is fired, a fallout zone must be established that encompasses the area in which fireworks debris is likely to fall, taking into account the properties of the fireworks to be used, the angle from which they will be fired and the anticipated weather conditions.

Access (4) Only people authorized by the display supervisor in

charge may enter or be in the danger zone or the fallout zone from the time any fireworks are brought into the zone until the supervisor in charge declares the zone to be free of *explosives.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION c Supervision of a Fireworks Display Sections 434-436

Handling (5) Only a person who holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor), fireworks operator certificate (display supervisor with endorsement) or fireworks operator certificate (display visitor) and is authorized by the display supervisor in charge may handle fireworks in the danger zone or fallout zone.

No smoking (6) Smoking must be prohibited in the danger zone. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 35; SOR/2018-231, s. 41.

Fire prevention and first aid 435 During the fireworks display, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.

Firing procedures 436 (1) Fireworks must be positioned and aimed so that

after firing they will not cross over or burst directly above the spectators and any debris from the fireworks will fall within the fallout zone.

Aerial shells (2) When aerial shells are fired, (a) the mortars and mortar racks that are used to fire

the shells must be robust, in sound condition and otherwise safe and effective; (b) the mortars and mortar racks must be assembled, arranged and secured in a manner that minimizes the likelihood of harm to people and property if there is a premature explosion of a shell; (c) any support structures must be secured so that

they do not fall over when a shell is fired; and (d) multi-break shells in racks, report shells and shells with a diameter of more than 155 mm must be fired with electric matches.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION c Supervision of a Fireworks Display Sections 436-437

Access to firing unit (3) Only the display supervisor in charge, or a person designated by the display supervisor in charge, may have access to a firing unit.

Physical keying device (4) The display supervisor in charge, or a person designated by the display supervisor in charge, must have control of any physical keying device at all times.

Safety interlock (5) All firing units must be equipped with a safety interlock that has at least two steps.

Extraneous electricity (6) Precautions must be taken that minimize the likelihood of extraneous electricity igniting an electric match.

Connecting to power supply (7) A firing unit must not be connected to a power supply except during a test of circuit continuity or immediately before fireworks are to be fired. The circuit continuity tester must be current-limited and intrinsically safe so as to eliminate any possibility of an ignition. Damaged fireworks (8) Fireworks that are damaged, leaking, damp or contaminated must not be used. No firing (9) Fireworks must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.

Postponing or stopping display (10) A fireworks display must be postponed or stopped if unfavourable weather conditions develop, a firework malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.

Firing unit disconnected 437 (1) The firing unit must be disconnected immediately after the fireworks display as well as during a pause in the display if keeping the unit connected could increase the likelihood of harm to people or property. When a unit is disconnected, any physical keying device must be removed and kept in the possession of the display supervisor in charge or a person designated by the display supervisor in charge.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION c Supervision of a Fireworks Display Sections 437-438

Electrical firing (2) The firing site must not be approached until 30 minutes after the display has ended if any fireworks used in the display were fired with an electric match. Manual firing (3) Misfired fireworks must not be approached until 30

minutes after the display has ended if the fireworks used in the display were manually fired.

Precautions (4) Precautions must be taken that minimize the likelihood of harm to people and property from misfired fireworks. Search (5) As soon as the circumstances permit after the periods

referred to in subsections (2) and (3), the fallout zone must be searched and all *explosives must be removed. Access (6) After the display, only people designated to do a

search by the display supervisor in charge may enter or be in the fallout zone until the display supervisor in charge declares the zone to be free of explosives.

Second search (7) The fallout zone must be searched more thoroughly as soon as light and weather conditions permit. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 36(E).

Record of use 438 A record of the display must be made in a logbook that sets out the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded display. The record must include the following information and documents: (a) a copy of the fireworks display plan prepared for the display; (b) a copy of the *local authority’s approval to hold the

display; (c) the name and address of every person who worked

at the display under the supervision of the display supervisor in charge; and

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 1 Display Fireworks SUBDIVISION c Supervision of a Fireworks Display Sections 438-440

(d) a description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with. *

Terms preceded by an asterisk are defined in section 6.

Record of licence holder 439 When a fireworks display is held on behalf of a licence holder, the licence holder must keep a record of the display for two years after the date of the display. The record must include the following information and documents: (a) the licence holder’s name and address and the

number and expiry date of the licence; (b) a copy of the *local authority’s approval to hold the display; (c) the name of the display supervisor in charge and the number and expiry date of their fireworks operators certificate; (d) the *product name and diameter of each firework

used and the name of the person who obtained its authorization; (e) the quantity of fireworks used under each product name; and (f) the date and site of the display. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E).

DIVISION 2

Firecrackers SUBDIVISION A

Rules for Sellers Sale 440 A seller may sell firecrackers to a buyer who provides the seller with a copy of their firecracker use certificate. However, the quantity of firecrackers sold must not exceed the quantity that the buyer is authorized by their certificate to use.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 2 Firecrackers SUBDIVISION a Rules for Sellers Sections 441-444

Record of sale 441 A seller must keep a record of every sale of firecrackers for two years after the date of the sale. The record must include the following information and documents: (a) the buyer’s name and address; (b) a copy of the buyer’s firecracker use certificate; (c) the quantity of firecrackers sold; and (d) the date of the sale.

Unused or misfired firecrackers 442 A seller must accept any unused or misfired firecrackers that are returned.

SUBDIVISION B

Rules for Users Firecracker Use Certificate Certificate 443 To obtain a firecracker use certificate, a person

must demonstrate to the Minister that they are able to safely use firecrackers and that precautions will be taken that minimize the likelihood of harm to people and property resulting from their use. SOR/2016-75, s. 38.

Application for certificate 444 An applicant for a firecracker use certificate must

complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the applicant’s name, date of birth, address and telephone number; (b) a description of their past experience using firecrackers; (c) the quantity of firecrackers that the applicant intends to use and the time, date and site of use; (d) a copy of the *local authority’s written approval to

use the firecrackers; and

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 2 Firecrackers SUBDIVISION b Rules for Users Sections 444-448

(e) a description of the safety precautions that will be

taken when using the firecrackers. *

Terms preceded by an asterisk are defined in section 6.

Acquisition and Storage Acquisition 445 A user may acquire, store and use firecrackers,

whether or not they hold a licence, if they hold a firecracker use certificate. A user who acquires firecrackers must comply with this subdivision.

Storage — licensed user 446 (1) A user who holds a licence must store their firecrackers in the magazine specified in the licence.

Storage — unlicensed user (2) A user who does not hold a licence must store their firecrackers in a dwelling or a *storage unit and ensure that the requirements of sections 447 and 448 are met. *

Terms preceded by an asterisk are defined in section 6.

Maximum quantity 447 No more than five cases of firecrackers — not exceeding 16 000 firecrackers per case — may be stored at any one time. Storage requirements — dwelling 448 (1) When firecrackers are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the firecrackers against theft and ensures that access to them is limited to people authorized by the user.

Storage requirements — storage unit (2) When firecrackers are stored in a *storage unit, (a) the storage unit must be located in a dry place,

away from flammable substances and sources of ignition; (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather; (c) if the storage unit is a container, it must not impede exit in case of fire; (d) if the storage unit is not a container, all exits must

be kept unobstructed;

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 18 Display Fireworks DIVISION 2 Firecrackers SUBDIVISION b Rules for Users Sections 448-449

(e) any shelving in the storage unit must be made

from a non-sparking material (for example, wood or painted metal); (f) nothing other than firecrackers may be stored in the storage unit; (g) the storage unit must be *attended when it is unlocked; (h) the storage unit must be kept clean, dry, organized and free of grit; (i) any spill, leakage or other contamination in the

storage unit must be cleaned up immediately; (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and (k) a sign that displays the words “Danger — Fire

Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location. *

Terms preceded by an asterisk are defined in section 6.

Use Approval required 449 (1) Before using firecrackers, a user must obtain written approval from the *local authority.

Precautions (2) When using firecrackers, the user must take the following precautions: (a) non-flammable clothing and protective equipment

that minimizes the likelihood of harm to the user must be worn; and (b) at least one fire extinguisher with a capacity of at least 3–A :60–B:C must be easily accessible.

Misfired firecrackers (3) A user must remove any misfired firecrackers from the site of use as soon as the circumstances permit after the display.

Firecrackers to be returned (4) A user must return all misfired and unused firecrackers to the seller as soon as the circumstances permit after the date of use specified in the firecracker certificate. *

Terms preceded by an asterisk are defined in section 6.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 19 Fees Sections 450-453

PART 19

Fees Overview 450 This Part sets out the fees payable for obtaining authorizations, permits, licences and certificates.

Definitions 451 The following definitions apply in this Part.

distribution establishment has the same meaning as in section 144. (établissement de distribution) division 1 factory licence has the same meaning as in section 55. (licence de fabrique de la section 1) manufacturing certificate has the same meaning as in section 106. (certificat de fabrication) mobile process unit has the same meaning as in section 56. (unité de fabrication mobile) process unit has the same meaning as in section 56. (unité de fabrication) retail establishment has the same meaning as in section 144. (établissement de vente au détail) user magazine licence has the same meaning as in section 144. (licence de poudrière (utilisateur)) user magazine zone licence has the same meaning as in section 144. (licence de poudrière (utilisateur-zone)) vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

NEQ 452 In this Part, NEQ means net explosive quantity (the

mass of the *explosive excluding the mass of any packaging or container). *

Terms preceded by an asterisk are defined in section 6.

Fees 453 (1) The fees to be paid for obtaining the authorizations, licences, permits and certificates set out in column 1 of the table to this section are set out in column 2. Payment deadline (2) The fees are payable at the time the application is

submitted. However, the fees referred to in items 1 and 3

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 19 Fees Section 453

of the table are payable within 30 days after the date of the invoice from the Department of Natural Resources. TABLE

Item

Column 1

Column 2

Authorization, Permit, Licence or Certificate

Fees

Authorization of an * explosive: 1

Authorization for an indefinite period

$12 for each explosive, subject to a minimum fee per application of $125 and a maximum fee of $2,500 per year, plus (a) for an explosive *manufactured in Canada, $4 per year for each *explosive substance and each group of *explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $1,250 per year, and (b) for an explosive manufactured outside Canada, $15 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $2,500 per year

Authorization for a $150 specified period, for use other than at a special event, tour or international competition

Authorization for a specified period for use at a special event, tour or international competition

$500 for each *pyrotechnic event or fireworks display, subject to a maximum fee of $2,500 for events or displays that are part of the same special event, tour or international competition

Permit to import explosives: 4

Single use permit

Current to June 20, 2022 Last amended on November 2, 2018

$160

Explosives Regulations, 2013 PART 19 Fees Section 453

Column 1

Column 2

Item

Authorization, Permit, Licence or Certificate

Fees

Annual permit

$160 plus $20 for each 1 000 kg NEQ imported, subject to a maximum fee of $1,300, calculated (a) on the basis of the estimated maximum quantity to be imported during the year, for an initial application, and (b) on the basis of the quantity imported during the most recent year of importation, for any subsequent application

Factory licence: 6

Initial division 1 factory licence to manufacture blasting or military explosives

Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of (a) $800 for each process unit, (b) $800 for each mobile process unit, (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and (d) $225 for each detonator magazine

Renewal of a division 1 Subject to a minimum fee factory licence to of $3,000 and a maximum fee manufacture blasting or of $30,000, the total of military explosives (a) $575 for each process unit, (b) $575 for each mobile process unit, (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and (d) $225 for each detonator magazine

Division 1 factory licence Subject to a minimum fee to manufacture any of $800 and a maximum fee other explosives, and of $3,000, the total of any other factory licence (a) $800 for each process unit, and (b) $17 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQ Vendor magazine licence:

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 19 Fees Section 453

Item 9

Column 1

Column 2

Authorization, Permit, Licence or Certificate

Fees

Vendor magazine licence The total of to store high explosives (a) $25 for each 1 000 kg NEQ or initiation systems of storage limit increment of each magazine other than a detonator magazine, and (b) $275 for each detonator magazine

Vendor magazine licence (a) $140 for each retail estabto store any other lishment; explosives (b) $350 for each distribution establishment; and (c) $700 for each distribution establishment that repackages explosives User magazine licence:

User magazine licence to $140 per magazine, subject to store high explosives or a minimum fee of $280 initiation systems, other than high explosives and initiation systems stored by law enforcement agencies

User magazine zone licence to store high explosives or initiation systems

User magazine licence to $70 store any other explosives, other than explosives stored by law enforcement agencies

$200 per magazine, subject to a minimum fee of $400

Manufacturing certificate: 14

Certificate to manufacture blasting explosives

$200 per month, subject to a minimum fee of $800 and a maximum fee of $1,600

Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at a blast site

$800

Any other $75 manufacturing certificate Fireworks operator certificate:

Initial certificate

$150

Modification to or change of certificate

$100

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 19 Fees Sections 453-455

Column 1

Column 2

Item

Authorization, Permit, Licence or Certificate

Fees

Renewal of certificate

$100

*

Terms preceded by an asterisk are defined in section 6.

SOR/2018-231, s. 42.

PART 20

Restricted Components Overview 454 This Part prescribes components of explosives for the purpose of the definition restricted component in section 2 of the Explosives Act, restricts the acquisition and sale of those components and sets out the requirements for their sale and storage.

Definitions 455 The following definitions apply in this Part.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Components and Activities Sections 455-456

component seller means a person who is included on the component sellers list. (vendeur de composants) component sellers list means the list of component sellers that is compiled by the Chief Inspector of Explosives under subsection 462(1). (liste des vendeurs de composants) product seller means a person who is included on the product sellers list. (vendeur de produits) product sellers list means the list of product sellers that is compiled by the Chief Inspector of Explosives under subsection 463(1). (liste des vendeurs de produits) restricted component product means a product, other than an *explosive, that contains or is made from a restricted component. (produit de composant d’explosif limité) sell includes offer for sale. (vendre) *

Terms preceded by an asterisk are defined in section 6.

Components and Activities Prescribed components 456 (1) The following components are prescribed for

the purpose of the definition restricted component in section 2 of the Explosives Act: (a) ammonium nitrate in solid form at a concentration of at least 28% nitrogen; (b) hydrogen peroxide at a concentration of at least

30%; (c) nitromethane, UN number 1261; (d) potassium chlorate, UN number 1485; (e) potassium perchlorate, UN number 1489; (f) sodium chlorate in solid form, UN number 1495; (g) nitric acid at a concentration of at least 75%; (h) potassium nitrate, UN number 1486; (i) potassium nitrate and sodium nitrate mixture, UN number 1499; and (j) sodium nitrate in solid form, UN number 1498.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Components and Activities Sections 456-459

Sale restricted (2) The components set out in subsection (1) may be sold only by a person who is authorized by this Part to sell restricted components.

Acquisition restricted (3) The components set out in subsection (1) may be acquired for the purpose of manufacturing restricted component products for sale only by a person who is authorized by this Part to acquire restricted components for that purpose.

Authorized Sale and Acquisition Sale — use in laboratories 457 (1) Any person may sell a restricted component for use in a laboratory that is part of or affiliated with (a) a post-secondary educational institution recognized by a province; (b) a hospital or health clinic; or (c) a government or law enforcement agency.

Sale (2) A component seller may sell a restricted component.

A component seller who acquires a restricted component for sale must comply with this Part.

Acquisition — product sellers 458 A product seller may acquire a restricted component for the purpose of manufacturing restricted component products for sale. A product seller who acquires a restricted component must comply with this Part.

Acquisition — others 459 Any person may acquire a restricted component for a purpose other than manufacturing restricted component products for sale.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Component Sellers and Product Sellers Lists Section 460

Component Sellers and Product Sellers Lists Application — component seller 460 (1) An applicant for inclusion on the component sellers list must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the applicant’s name, address, telephone number, fax number and email address; (b) the restricted components to be sold; (c) the address of each location where a restricted component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and (d) the name, address, telephone number, fax number and email address of a contact person for each location where a restricted component will be stored or sold.

Security plan (2) If ammonium nitrate is to be sold, the application

must also include a declaration that a security plan has been prepared for each location where ammonium nitrate will be stored or sold. The plan must include (a) a description of the emergency procedures to be

followed in responding to all risk events, including security-related events, and an indication of the title of the person who will be responsible for ensuring that each procedure is followed; (b) a description of the measures to be taken to control access to the ammonium nitrate, including control of keys; (c) a description of the measures to be taken to control access to sales records; (d) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock; and (e) a description of the measures to be taken to ensure that the sale of ammonium nitrate will be refused if the quantity requested is not proportional to the buyer’s needs or if the component seller or their employee

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Component Sellers and Product Sellers Lists Sections 460-462

has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose. Application — product seller 461 (1) An applicant for inclusion on the product sellers

list must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the applicant’s name, address, telephone number, fax number and email address; (b) the *product name of each restricted component

product to be sold; (c) a list of the restricted components that will be used in manufacturing the products; (d) the address of each location where a restricted component will be stored and the storage capacity for each component at each location; and (e) the name, address, telephone number, fax number and email address of a contact person for each location where a restricted component will be stored.

Security plan (2) If ammonium nitrate is to be stored, the application

must include a declaration that a security plan has been prepared for each location where ammonium nitrate will be stored. The plan must include (a) a description of the emergency procedures to be

followed in responding to all risk events, including security-related events, and an indication of the title of the person who will be responsible for ensuring that each procedure is followed; (b) a description of the measures to be taken to control access to the ammonium nitrate, including control of keys; and (c) a description of the stock management system to

be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Listing of component seller 462 (1) If an applicant provides the information required by section 460, the Chief Inspector of Explosives must include their name on the component sellers list,

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Component Sellers and Product Sellers Lists Sections 462-467

assign them a number and provide them with a document that certifies the number and effective date of listing. Duration of listing (2) A listing is effective for five years after the date that is

set out in the document. Listing of product seller 463 (1) If an applicant provides the information required by section 461, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.

Duration of listing (2) A listing is effective for five years after the date that is

set out in the document. Notice of change 464 Every component seller and product seller must

provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

Rules for Component Sellers and Product Sellers Restricted Components Other Than Ammonium Nitrate Application 465 Sections 466 to 476 apply to all restricted components except ammonium nitrate. Responsibilities of component seller and product seller 466 Every component seller must ensure that the requirements of sections 467 to 476 are met at each location where they store or sell a restricted component. Every product seller must ensure that the requirements of sections 467 to 471 are met at each location where they store a restricted component.

Authorized location 467 A restricted component may only be stored in or sold from a location that has been disclosed in an application or in a notice of change referred to in section 464.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Restricted Components Other Than Ammonium Nitrate Sections 468-472

Components to be locked up 468 (1) A restricted component must be locked up

when it is not *attended. Sign (2) A sign that warns against unauthorized access must

be posted on the outside at each entrance to each location where a restricted component is stored. Access (3) Access to a restricted component must be limited to

people authorized by the component seller or product seller, as the case may be. *

Terms preceded by an asterisk are defined in section 6.

Employee list 469 A list of the employees who work at each location

where a restricted component is stored or sold must be kept at the location. Stock management 470 (1) A stock management system must be put in

place to account for all restricted components that are under the control of the component seller or product seller. Weekly inspection (2) Weekly inspections of the restricted components must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the date on which the record is made.

Theft or tampering 471 If any theft or attempted theft of, or any tampering with, a restricted component is discovered, (a) the local police force must be informed immediately; (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and (c) a written report of the incident must be submitted

to the Chief Inspector as soon as the circumstances permit. No sale 472 (1) The sale of a restricted component must be refused if the seller has reasonable grounds to suspect that the component will be used for a criminal purpose.

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Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Restricted Components Other Than Ammonium Nitrate Sections 472-473

Report (2) Every refusal to sell a restricted component as a result of complying with subsection (1) or section 476 must, within 24 hours after the refusal, be reported to the Chief Inspector of Explosives and to the local police force. Identification 473 Before a restricted component is sold, the buyer

must be required to establish their identity by providing (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate; (b) if the buyer intends to sell the component, proof

that the buyer is included on the component sellers list; and (c) in all other cases, (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer, (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address, (iii) the buyer’s provincial pesticide licence, (iv) proof of the buyer’s Canadian Wheat Board identification number, (v) proof of the buyer’s Producteur Agricole number, (vi) proof of the buyer’s Ontario Federation of

Agriculture number, (vii) the buyer’s business licence or proof of the buyer’s corporate registration, or (viii) proof of the buyer’s registration under the Controlled Goods Regulations.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Restricted Components Other Than Ammonium Nitrate Sections 474-475

Intermediary 474 A restricted component may be sold to a buyer who

is unable to establish their identity in accordance with section 473 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number. Record of sale 475 (1) A record of each sale of a restricted component 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 473

and the document’s reference number; (e) the *product name and quantity of the component sold; (f) an indication of whether the component was sold in bulk or in packages; (g) if the component was sold in packages, the weight or volume of each package; (h) a description of how the component will be used;

and (i) if the component was shipped, the date of reception and the quantity received.

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.

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.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Restricted Components Other Than Ammonium Nitrate Sections 475-479

Exception (4) This section does not apply to a sale of the following restricted components if the quantity sold is no more than the quantity set out below: (a) hydrogen peroxide, 1 L; (b) nitromethane, 1 L; (c) potassium chlorate, 1 kg; (d) potassium perchlorate, 10 kg; (e) sodium chlorate, 1 kg; (f) nitric acid, 4 L; (g) potassium nitrate, 25 kg; and (h) sodium nitrate, 25 kg.

Note: This exception for small sales of restricted components applies only to the requirement to keep records of sales. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Responsibility of employee 476 An employee of a component seller must not sell a

restricted component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

Ammonium Nitrate Application 477 Sections 478 to 495 apply to ammonium nitrate.

Responsibilities of component seller and product seller 478 Every component seller must ensure that the requirements of sections 479 to 495 are met at each location where they store or sell ammonium nitrate. Every product seller must ensure that the requirements of sections 479 to 488 are met at each location where they store ammonium nitrate. Authorized location 479 Ammonium nitrate may only be stored at or sold from a location that has been disclosed in an application or in a notice of change referred to in section 464.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Ammonium Nitrate Sections 480-485

Notice 480 The local police force must be informed in writing of all locations where ammonium nitrate is to be stored or sold.

Locked structures 481 (1) Any structure that contains ammonium nitrate and every door, window or other point of access to a building in which ammonium nitrate is stored must be locked when the ammonium nitrate is not *attended.

Key control plan (2) A key control plan must be prepared in writing and implemented.

Lighting (3) All main entrances to a building in which ammonium

nitrate is stored must be lit at all times outside business hours. *

Terms preceded by an asterisk are defined in section 6.

Security plan 482 The security plan of the component seller or the product seller, as the case may be, must be implemented and must be updated every 12 months.

Sign 483 (1) A sign that warns against unauthorized access

must be posted on the outside at each entrance to each location where ammonium nitrate is stored. Access (2) Access to ammonium nitrate must be limited to people authorized by the component seller or product seller.

Employee list 484 A list of the employees who work at each location where ammonium nitrate is stored or sold must be kept at the location.

Verification 485 When ammonium nitrate is received, (a) the quantity of ammonium nitrate that is received

must be compared with the quantity that is recorded on the bill of lading; (b) any signs of tampering with the vehicle or rail car

in which the ammonium nitrate is shipped and any signs of attempted theft must be recorded, and the

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Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Ammonium Nitrate Sections 485-487

record must be kept for two years after the date on which it is made; (c) the person from whom the ammonium nitrate was

bought must be informed of any signs of tampering or attempted theft and of any loss that is not attributable to normal operations; and (d) the cause of any loss of ammonium nitrate that is not attributable to normal operations must be recorded, and the record must be kept for two years after the date on which it is made.

Stock management 486 (1) A stock management system must be put in

place to account for all ammonium nitrate that is under the control of the component seller or product seller.

Audit (2) An annual inventory audit of the ammonium nitrate

must be performed. Weekly inspections (3) Weekly inspections of the ammonium nitrate must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the record is made.

Annual inventory 487 For each calendar year, an inventory must be submitted to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The inventory must be submitted no later than March 31 of the year following the year of the inventory and must include the following information: (a) the listing number of the component seller or product seller; (b) a record of the ammonium nitrate that sets out,

for each location where ammonium nitrate is stored or sold, (i) the starting inventory, (ii) the quantity of ammonium nitrate that was manufactured, (iii) the quantity of ammonium nitrate that was acquired and the manner of acquisition;

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Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Ammonium Nitrate Sections 487-490

(iv) the quantity of ammonium nitrate that was used, sold, exported, destroyed, stolen or lost, as the case may be, (v) the year-end inventory, and (vi) the historical normal range of loss that is due

to loss of water or mechanical abrasion; and (c) the name, address, telephone number, fax number

and email address of the person who completed the form.

Theft or tampering 488 If any theft or attempted theft of, or tampering with, ammonium nitrate is discovered, (a) the local police force must be informed immediately; and (b) a written report of the incident must be submitted

to the Chief Inspector of Explosives within 24 hours after the discovery. No sale 489 (1) A sale of ammonium nitrate must be refused if (a) the quantity requested is not proportional to the

buyer’s needs; or (b) the component seller or their employee has reasonable grounds to suspect that the ammonium nitrate will be used for a criminal purpose.

Report (2) Every refusal to sell ammonium nitrate as a result of

complying with subsection (1) or section 495 must, within 24 hours after the refusal, be reported to the Chief Inspector of Explosives and to the local police force. Identification 490 Before ammonium nitrate is sold, the buyer must be

required to establish their identity by providing (a) if the buyer intends to use the ammonium nitrate to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate; (b) if the buyer intends to sell the ammonium nitrate,

proof that the buyer is included on the component sellers list; and

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Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Ammonium Nitrate Sections 490-492

(c) in all other cases, (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer, (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address, (iii) proof of the buyer’s provincial pesticide licence, (iv) proof of the buyer’s Canadian Wheat Board identification number, (v) proof of the buyer’s Producteur Agricole number, (vi) proof of the buyer’s Ontario Federation of Agriculture number, or (vii) proof of the buyer’s registration under the Controlled Goods Regulations.

Intermediary 491 Ammonium nitrate may be sold to a buyer who is

unable to establish their identity in accordance with section 490 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number. Record of sale 492 (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;

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Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Ammonium Nitrate Sections 492-493

(e) the *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).

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. 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. 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. *

Terms preceded by an asterisk are defined in section 6.

SOR/2016-75, s. 39; SOR/2018-231, s. 44(F).

Shipping — vehicle 493 (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

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Explosives Regulations, 2013 PART 20 Restricted Components Rules for Component Sellers and Product Sellers Ammonium Nitrate Sections 493-495

(b) the driver of the vehicle must be provided with a

written notice stating that (i) the ammonium nitrate is to be *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.

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. *

Terms preceded by an asterisk are defined in section 6.

Notice 494 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.

Responsibility of employee 495 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.

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 PART 20 Restricted Components Suspension and Removal Sections 496-501

Suspension and Removal Suspension 496 (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.

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. Right to be heard 497 (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. 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.

Review 498 (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.

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 499 [Amendment] 500 [Amendment] 501 [Amendment]

Current to June 20, 2022 Last amended on November 2, 2018

Explosives Regulations, 2013 Amendments to These Regulations Sections 502-510

502 [Amendment] 503 [Amendments] 504 [Amendment] 505 [Amendment] 506 [Amendment] 507 [Amendment] 508 [Amendment]

Repeal 509 [Repeals]

Coming into Force February 1, 2014 510 (1) Subject to subsections (2) and (3), these Regulations come into force on February 1, 2014.

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.

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

on February 1, 2016.

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Explosives Regulations, 2013 AMENDMENTS NOT IN FORCE

AMENDMENTS NOT IN FORCE — SOR/2022-121, s. 1 1 Section 1 of the Explosives Regulations, 20131 is

replaced by the following: Overview 1 This Part sets out the scheme and application of these Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”. Finally, it explains the function of the notes that are used in the Regulations.

— SOR/2022-121, s. 2 2 Section 3 of the Regulations is repealed.

— SOR/2022-121, s. 3 3 Part 20 of the Regulations is replaced by the

following:

PART 20

Restricted Components Overview 454 This Part prescribes components of explosives for

the purpose of the definition restricted component in section 2 of the Explosives Act, restricts the sale of those components and sets out the requirements for their sale and storage. Definitions 455 The following definitions apply in this Part.

component seller means a person who sells a restricted component. (vendeur de composant) product seller means a person who manufactures a product, other than an explosive, for sale using a restricted component. (vendeur de produit) sell includes offer for sale. (vendre)

SOR/2013-211

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Chief Inspector’s delegate 456 The duties and functions of the Chief Inspector of Explosives that are set out in subsections 467(1) and 468(1), section 488, subsections 489(1), 500(1) and 501(1) and sections 514 and 515 may be performed by an inspector designated by the Chief Inspector.

Components Prescribed components 457 The components set out in Tables 1 to 3 to this Part are prescribed for the purpose of the definition restricted component in section 2 of the Explosives Act.

DIVISION 1

Tier 1 Requirements Definition 458 In this Division, Tier 1 component means a restricted component set out in column 1 of Table 1 to this Part.

Authorized Sale and Acquisition Sale 459 Only a person who is authorized by this Division

may sell a Tier 1 component.

Acquisition 460 A Tier 1 component may be acquired for the purpose of manufacturing products, other than explosives, for sale only by a person who is authorized by this Division to acquire a component for that purpose. Sale — use in laboratories 461 (1) Any person may sell a Tier 1 component for use

in a laboratory that is part of or affiliated with (a) a post-secondary educational institution recognized by a province; (b) a hospital or health clinic; or (c) a government or law enforcement agency.

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Sale — component seller (2) A component seller may sell a Tier 1 component. The component seller must comply with this Division.

Acquisition — product seller 462 A product seller may acquire a Tier 1 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.

Component Sellers and Product Sellers List Component sellers list 463 Only a component seller who is on the component sellers list referred to in subsection 467(1) is authorized to sell a Tier 1 component.

Application — component seller 464 (1) The component seller must complete, sign and

send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the component seller’s name, address, telephone

number, fax number and email address; (b) the Tier 1 components to be sold; (c) the address of each location where a Tier 1 component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and (d) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 1 component will be stored or sold.

Security plan (2) The application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component will be stored or sold. The plan must include (a) a description of the emergency procedures to be followed in responding to all risk events, including security-related events, and the title of the person who will be responsible for ensuring that each procedure is followed;

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(b) a description of the measures to be taken to control access to the component, including control of keys; (c) a description of the measures to be taken to control access to sales records; (d) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock; and (e) a description of the measures to be taken to ensure that the sale of the component will be refused if the quantity requested is not proportional to the buyer’s needs or if the component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

Product sellers list 465 Only a product seller who is on the product sellers

list referred to in subsection 468(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 1 component. Application — product seller 466 (1) The product seller must complete, sign and

send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the product seller’s name, address, telephone

number, fax number and email address; (b) the product name of products that will be manufactured using a Tier 1 component and that will be sold; (c) a list of the Tier 1 components that will be used in

manufacturing the products; (d) the address of each location where a Tier 1 component will be stored and the storage capacity for each component at each location; and (e) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 1 component will be stored.

Security plan (2) The application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component will be stored. The plan must include

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(a) a description of the emergency procedures to be

followed in responding to all risk events, including security-related events, and the title of the person who will be responsible for ensuring that each procedure is followed; (b) a description of the measures to be taken to control access to the component, including control of keys; and (c) a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock.

Listing of component seller 467 (1) If a component seller provides the information

required by section 464, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing. Duration of listing (2) A listing is effective for five years after the date that is

set out in the document. Listing of product seller 468 (1) If a product seller provides the information required by section 466, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.

Duration of listing (2) A listing is effective for five years after the date that is

set out in the document. Notice of change 469 Every component seller and product seller must

provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

Rules for Component Sellers and Product Sellers Responsibilities of component sellers and product sellers 470 Every component seller must ensure that the requirements set out in sections 471 to 487 are met at each location where they store or sell a Tier 1 component.

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Every product seller must ensure that the requirements set out in sections 471 to 480 are met at each location where they store a Tier 1 component. Authorized location 471 A Tier 1 component can only be stored at or sold

from a location that has been disclosed in an application or in the notice of change referred to in section 469.

Notice 472 The local police force must be informed in writing of all locations where a Tier 1 component is to be stored or sold.

Locked structures 473 (1) Any structure that contains a Tier 1 component

and every door, window or other point of access to a building in which the component is stored must be locked when it is not attended. Key control plan (2) A key control plan must be prepared in writing and implemented.

Lighting (3) All main entrances to a building in which a Tier 1

component is stored must be lit at all times outside business hours. Security plan 474 The security plan of a component seller or product seller must be implemented and must be updated every 12 months.

Sign 475 (1) A sign that warns against unauthorized access

must be posted on the outside at each entrance to each location where a Tier 1 component is stored. Access (2) Access to a Tier 1 component must be limited to people authorized by the component seller or product seller.

Employee list 476 A list of the employees who work at each location where a Tier 1 component is stored or sold must be kept at that location.

Verification 477 When a Tier 1 component is received,

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Explosives Regulations, 2013 AMENDMENTS NOT IN FORCE

(a) the quantity of the component that is received must be compared with the quantity that is recorded on the bill of lading; (b) any signs of tampering with the vehicle or rail car

in which the component is shipped and any signs of attempted theft of that component must be recorded, and the record must be kept for two years after the date on which it is made; (c) the person from whom the component was bought must be informed of any signs of tampering or attempted theft and any loss that is not attributable to normal operations; and (d) the cause of any loss of the component that is not attributable to normal operations must be recorded, and the record must be kept for two years after the date on which it is made.

Stock management 478 (1) A stock management system must be put in

place to account for a Tier 1 component that is under the control of the component seller or product seller.

Audit (2) An annual inventory audit of the component must be

performed. Weekly inspections (3) Weekly inspections of the component must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the record is made.

Annual inventory 479 For each calendar year, an inventory must be submitted to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The inventory must be submitted no later than March 31 of the year following the year of the inventory and must include the following information: (a) the listing number of the component seller or product seller; (b) a record of the Tier 1 component that sets out, for each location where that component is stored or sold, (i) the starting inventory,

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(ii) the quantity of the component that was manufactured, (iii) the quantity of the component that was acquired and the manner of acquisition, (iv) the quantity of the component that was used, sold, exported, destroyed, stolen or lost, as the case may be, (v) the year-end inventory, and (vi) the historical normal range of loss that is due

to loss of water or mechanical abrasion; and (c) the name, address, telephone number, fax number

and email address of the person who completed the form. Theft or tampering 480 If any theft or attempted theft of, or tampering with, a Tier 1 component is discovered, (a) the local police force must be informed immediately; and (b) a written report of the incident must be submitted to the Chief Inspector of Explosives within 24 hours after the discovery.

No sale 481 (1) A sale of a Tier 1 component must be refused if (a) the quantity requested is not proportional to the

buyer’s needs; or (b) the component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

Reporting (2) Every refusal to sell the component under subsection (1) or section 487 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

Identification 482 Before a Tier 1 component is sold, the buyer must be required to establish their identity by providing (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for that purpose, the number of the buyer’s licence or certificate;

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(b) if the buyer intends to sell the component, proof

that the buyer is included on the component sellers list; and (c) in all other cases, (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer, (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address, (iii) the buyer’s provincial pesticide licence, (iv) proof that registration of an agricultural operation with Québec’s Ministère de l’Agriculture, des Pêcheries et de l’Alimentation is assigned to the buyer, (v) proof of the buyer’s Ontario Federation of Agriculture number, or (vi) proof of the buyer’s registration under the Controlled Goods Regulations.

Intermediary 483 A Tier 1 component may be sold to a buyer who is

unable to establish their identity in accordance with section 482 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number. Record of sale 484 (1) A record of each sale of a Tier 1 component

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;

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(d) the type of document provided under section 482

and the document’s reference number; (e) the product name of the component sold; (f) the quantity of the component sold under each product name; (g) an indication of whether the component was sold

in bulk or in packages; (h) if the component was sold in packages, the weight or volume of each package; (i) a description of how the component will be used; (j) if the component 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 (k) if delivery was made at the time of purchase, a receipt signed by the buyer including the information required under paragraphs (a), (b) and (d) to (i).

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)(a)(d) and (i) need only be recorded once in each calendar year.

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. Exception (4) Subsections (1) to (3) only apply if the quantity of a

Tier 1 component sold is more than 1 kg.

Shipping — vehicle 485 (1) When more than 1 kg of a Tier 1 component is

shipped by vehicle, (a) each access point on the portion of the vehicle containing the component must be locked or sealed with a security cable immediately after the shipment is loaded; and

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(b) the driver of the vehicle must be provided with a

written notice stating that (i) the component is to be attended unless the vehicle is either parked in a secure location or the vehicle and load are locked up, (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. Shipping — rail (2) When a Tier 1 component is shipped by rail, (a) each access point on the rail car containing the

component 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.

Notice 486 When a Tier 1 component is sold to a buyer who is not a component seller or product seller, the buyer must be provided with a written notice stating that (a) security measures are to be taken to prevent the theft of the component; (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 the component is prohibited.

Responsibility of employee 487 An employee of a component seller must refuse to sell a Tier 1 component if (a) the quantity requested is not proportional to the

buyer’s needs; or (b) the employee has reasonable grounds to suspect

that the component will be used for a criminal purpose.

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Suspension and Removal Suspension 488 (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.

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 of Explosives may remove them from the component sellers list or product sellers list. Right to be heard 489 (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 removed.

Exception (2) A component seller or a product seller is suspended automatically and without notice if they fail to submit the annual inventory required under section 479.

Review 490 (1) Within 15 days after the date of a component

seller’s or product seller’s suspension or removal from the component sellers list or product sellers list, they may send the Minister a written request for a review of the decision of the Chief Inspector of Explosives. Minister’s decision (2) The Minister must confirm, revoke or amend the decision under review.

DIVISION 2

Tier 2 Requirements Definition 491 In this Division, Tier 2 component means a restricted component set out in column 1 of Table 2 to this Part.

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Authorized Sale and Acquisition Sale 492 Only a person who is authorized by this Division may sell a Tier 2 component.

Acquisition 493 A Tier 2 component may be acquired for the purpose of manufacturing products, other than explosives, for sale only by a person who is authorized by this Division to acquire a component for that purpose.

Sale — use in laboratories 494 (1) Any person may sell a Tier 2 component for use

in a laboratory that is part of or affiliated with (a) a post-secondary educational institution recognized by a province; (b) a hospital or health clinic; or (c) a government or law enforcement agency.

Sale — component seller (2) A component seller may sell a Tier 2 component. The

component seller must comply with this Division. Acquisition — product seller 495 (1) A product seller may acquire a Tier 2 component for the purpose of manufacturing products for sale. The product seller must comply with this Division. Exception (2) The requirements set out in this Division do not apply to a product seller who acquires or manufactures a restricted component set out at item 10 or 11 of Table 2 to this Part for the purpose of manufacturing a product for sale.

Component Sellers and Product Sellers List Component sellers list 496 Only a component seller who is on the component sellers list referred to in subsection 500(1) is authorized to sell a Tier 2 component.

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Application — component seller 497 The component seller must complete, sign and send

to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the component seller’s name, address, telephone

number, fax number and email address; (b) the components to be sold; (c) the address of each location where a component

will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; and (d) the name, address, telephone number, fax number and email address of a contact person for each location where a component will be stored or sold.

Product sellers list 498 Only a product seller who is on the product sellers

list referred to in subsection 501(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 2 component. Application — product seller 499 The product seller must complete, sign and send to

the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the product seller’s name, address, telephone

number, fax number and email address; (b) the product name of products that will be manufactured using a Tier 2 component and that will be sold; (c) a list of the Tier 2 components that will be used in manufacturing the products; (d) the address of each location where a Tier 2 component will be stored and the storage capacity for each component at each location; and (e) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 2 component will be stored.

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Listing of component seller 500 (1) If a component seller provides the information required by section 497, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.

Duration of listing (2) A listing is effective for five years after the date that is

set out in the document. Listing of product seller 501 (1) If a product seller provides the information required by section 499, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing. Duration of listing (2) A listing is effective for five years after the date that is

set out in the document. Notice of change 502 Every component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.

Rules for Component Sellers and Product Sellers Responsibilities of component sellers and product sellers 503 Every component seller must ensure that the requirements set out in sections 504 to 513 are met at each location where they store or sell a Tier 2 component. Every product seller must ensure that the requirements set out in sections 504 to 508 are met at each location where they store a Tier 2 component. Authorized location 504 A Tier 2 component can only be stored at or sold

from a location that has been disclosed in an application or in the notice of change referred to in section 502.

Locked component 505 (1) A Tier 2 component must be locked up when it

is not attended.

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Sign (2) A sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a Tier 2 component is stored.

Access (3) Access to a Tier 2 component must be limited to people authorized by the component seller or product seller.

Employee list 506 A list of the employees who work at each location

where a Tier 2 component is stored or sold must be kept at that location. Stock management 507 (1) A stock management system must be put in place to account for a Tier 2 component that is under the control of the component seller or product seller.

Weekly inspections (2) Weekly inspections of the component must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the date on which the record is made.

Theft or tampering 508 If any theft or attempted theft of, or any tampering with, a Tier 2 component is discovered, (a) the local police force must be informed immediately; (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and (c) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.

No sale 509 (1) The sale of a Tier 2 component must be refused if the component seller has reasonable grounds to suspect that the component will be used for a criminal purpose.

Reporting (2) Every refusal to sell the component under subsection (1) or section 513 must be reported to the Chief Inspector

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of Explosives and to the local police force within 24 hours after the refusal. Identification 510 Before a Tier 2 component is sold, the buyer must be required to establish their identity by providing (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate; (b) if the buyer intends to sell the component, proof

that the buyer is included on the component sellers list; or (c) in all other cases, (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer, (ii) two pieces of identification, each of which sets

out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address, (iii) the buyer’s provincial pesticide licence, (iv) proof that registration of an agricultural operation with Québec’s Ministère de l’Agriculture, des Pêcheries et de l’Alimentation is assigned to the buyer, (v) proof of the buyer’s Ontario Federation of Agriculture number, (vi) the buyer’s business licence or proof of the buyer’s corporate registration, or (vii) proof of the buyer’s registration under the Controlled Goods Regulations.

Intermediary 511 A Tier 2 component may be sold to a buyer who is

unable to establish their identity in accordance with section 510 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the

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type of document provided to the other component seller and its reference number. Record of sale 512 (1) A record of each sale of a Tier 2 component

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 510 and the document’s reference number; (e) the product name of the component sold; (f) the quantity of the component sold under each product name; (g) an indication of whether the component was sold in bulk or in packages; (h) if the component was sold in packages, the weight or volume of each package; (i) a description of how the component will be used; and (j) if the component was shipped, the date of reception and the quantity received.

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)(a)(d) and (i) need only be recorded once in each calendar year.

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. Exception (4) Subsections (1) to (3) do not apply to the sale of a

Tier 2 component set out in column 1 of Table 2 to this Part if the quantity sold is no more than the quantity set out for that component in column 2 of Table 2 to this Part.

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Responsibility of employee 513 An employee of a component seller must not sell a Tier 2 component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

Suspension and Removal Suspension 514 (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.

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 of Explosives may remove them from the component sellers list or product sellers list. Right to be heard 515 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 removed.

Review 516 (1) Within 15 days after the date of a component seller’s or product seller’s 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 a review of the decision of the Chief Inspector of Explosives.

Minister’s decision (2) The Minister must confirm, revoke or amend the decision under review.

DIVISION 3

Tier 3 Requirements Definition 517 In this Division, Tier 3 component means a restricted component set out in column 1 of Table 3 to this Part.

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Authorized Sale Sale 518 A component seller may sell a Tier 3 component. The component seller must comply with this Division.

Rules for Component Sellers Theft or tampering 519 If any theft or attempted theft of, or any tampering with, a Tier 3 component is discovered, (a) the local police force must be informed immediately; (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and (c) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.

No sale 520 (1) A sale of a Tier 3 component must be refused if

the component seller has reasonable grounds to suspect that the component will be used for a criminal purpose. Reporting (2) Every refusal to sell the component under subsection (1) or section 521 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

Responsibility of employee 521 An employee of a component seller must not sell a Tier 3 component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.

TABLE 1

Tier 1 Restricted Components Column 1

Item 1

Name of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w) Ammonium nitrate (CAS RN 6484-52-2) in solid form at a concentration of at least 28% w/w of nitrogen in relation to ammonium nitrate

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Column 1

Item

Name of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)

Calcium ammonium nitrate (a) that is a mixture of the following essential ingredients: (i) ammonium nitrate and calcium carbonate, (ii) ammonium nitrate and calcium magnesium carbonate, or (iii) ammonium nitrate, calcium carbonate and calcium magnesium carbonate; (b) that is prepared as homogeneous prills or granules; (c) that has a maximum combustible material content, expressed as carbon, of 0.4% w/w; and (d) that has a minimum content of carbonates of 20% w/w at a minimum purity level of 90% w/w

TABLE 2

Tier 2 Restricted Components Column 1

Item

Column 2

Name of component (Chemical Abstracts Service Registry Number (CAS) RN)) and concentration expressed as a percentage by weight (w/w) Quantity

Hydrogen peroxide (CAS RN 7722-84-1) at a concentration of at least 30% w/w

1L

Nitromethane (CAS RN 75-52-5) at a concentration of at least 90% w/w

1L

Potassium chlorate (CAS RN 3811-04-9) at a concentration of at least 90% w/w

1 kg

Potassium perchlorate (CAS RN 7778-74-7) at a concentration of at least 90% w/w

10 kg

Sodium chlorate (CAS RN 7775-09-9) in solid form at a concentration of at least 90% w/w

1 kg

Nitric acid (CAS RN 7697-37-2) at a concentration of at least 75% w/w

4L

Potassium nitrate (CAS RN 7757-79-1) at 25 kg a concentration of at least 90% w/w

Sodium nitrate (CAS RN 7631-99-4) and potassium nitrate (CAS RN 7757-79-1) mixture at a concentration of at least 90% w/w

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25 kg

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Column 1

Column 2

Name of component (Chemical Abstracts Service Registry Number (CAS) RN)) and concentration expressed as a percentage by weight (w/w) Quantity

Item 9

Sodium nitrate (CAS RN 7631-99-4) in solid form at a concentration of at least 90% w/w

25 kg

Hexamethylenetetramine (CAS RN 100-97-0) at a concentration of at least 90% w/w

0 kg

Aluminum powder (CAS RN 7429-90-5) 1 kg in dry form, at a concentration of at least 70% w/w and with a particle size of less than 200 μm

TABLE 3

Tier 3 Restricted Components Column 1

Item

Name of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)

Acetone (CAS RN 67-64-1) at a concentration of at least 90% w/w

Ammonium nitrate (CAS RN 6484-52-2) in solid form at a concentration of at least 28% w/w of nitrogen in relation to ammonium nitrate, contained in a cold pack

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Column 1

Item

Name of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)

Calcium ammonium nitrate (a) that is a mixture of the following essential ingredients: (i) ammonium nitrate and calcium carbonate, (ii) ammonium nitrate and calcium magnesium carbonate, or (iii) ammonium nitrate, calcium carbonate and calcium magnesium carbonate; (b) that is prepared as homogeneous prills or granules; (c) that has a maximum combustible material content, expressed as carbon, of 0.4% w/w; (d) that has a minimum content of carbonates of 20% w/w at a minimum purity level of 90% w/w; and (e) that is contained in a cold pack

— SOR/2022-121, s. 4 4 The Regulations are amended by striking out

all of the asterisks.

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