Explosives Act (R.S.C., 1985, c. E-17)

Marginal note:Illicit trafficking, etc.

6.2 No person shall knowingly

• (a) engage in illicit trafficking; or

• (b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive.

Licences and Permits

Marginal note:Licences and permits

• 7 (1) The Minister may issue

  • (a) licences for factories and magazines;

  • (b) permits for vehicles used for the transportation of explosives; and

  • (c) certificates for carrying out, on an occasional and temporary basis, activities relating to the manufacture, testing or storage of explosives or the use of fireworks or the training of persons in the use of fireworks.

• Marginal note:Additional conditions

  (2) The Minister may make any licence, permit or certificate referred to in subsection (1) subject to any term or condition, in addition to those prescribed by the regulations, that the Minister considers necessary for the protection of any person or property, including, without limiting the generality of the foregoing, compliance with security or safety standards in respect of any factory or magazine or any class thereof that are supplementary to but not inconsistent with those provided for under paragraph 5(g.1).

Marginal note:Inexplosive component parts

8 Notwithstanding anything in this Act, the Governor in Council, on the recommendation of the Minister, accompanied by a certificate from the Chief Inspector of Explosives approving of the nature of the components and of the final explosive product, may allow the inexplosive component parts of an authorized explosive to be assembled and blended at or near the place of use.

Marginal note:Permits

• 9 (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada, of explosives.

• Marginal note:No import, export or transport without permit

  (2) Except as provided by the regulations, no person shall, without a permit issued under this section, import or export, or transport in transit through Canada, any explosive.

• Marginal note:Evidence of financial responsibility

  (3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada, of any explosive and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister.

Marginal note:Applications

10 An application for a licence, permit or certificate issued pursuant to section 7 or a permit issued pursuant to section 9 shall be made in such manner and be accompanied by such information and other material as are prescribed by the regulations.

Marginal note:Form

10.1 Licences, permits and certificates issued pursuant to section 7 and permits issued pursuant to section 9 shall be in the form prescribed by the Minister.

Marginal note:No alterations without a permit

• 11 (1) The operator of a factory, magazine or vehicle for which a licence or permit has been issued under section 7 shall not,

  • (a) in the case of a factory or magazine, relocate or make any alteration or addition to the factory or magazine or rebuild any part thereof, or

  • (b) in the case of a vehicle, make any alteration to the vehicle

  until the operator has obtained written authority therefor from the Minister.

• Marginal note:Emergency situations

  (2) Notwithstanding subsection (1), an operator referred to in that subsection may undertake any of the activities referred to therein with the approval of the Minister granted by any means where, in the opinion of the Minister, extraordinary circumstances exist for doing so or it is necessary to do so for the protection of any person or property.

Marginal note:Cessation of use where a special danger

12 The Minister may require the operator of any factory or magazine or the operator of any vehicle in which an explosive is being conveyed to stop using, or to use only under and subject to conditions specified by the Minister, any building, structure or vehicle that, from its location or from the nature of the processes carried on therein, constitutes, in the opinion of the Minister, a special danger.

Inspectors and Chemists

Marginal note:Appointment

• 13 (1) There may be appointed in the manner authorized by law a Chief Inspector of Explosives, together with such other inspectors and chemists as are necessary for the carrying out of this Act.

• Marginal note:Inspectors without remuneration

  (2) The Governor in Council may appoint, in addition to the inspectors appointed under subsection (1), such other inspectors and deputy inspectors, without remuneration, as the Governor in Council considers necessary for the carrying out of this Act.

Marginal note:Inspection

• 14 (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested, stored, sold or transported, any restricted component is being stored or sold, or any fireworks are being or are intended to be used, and the inspector may

  • (a) open or cause to be opened any thing found in that place that the inspector believes, on reasonable grounds, contains an explosive or a substance that may be used in the manufacture of an explosive;

  • (b) inspect any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or any thing that may be used in the manufacturing, packing or marking of an explosive;

  • (c) take samples of any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or a substance that may be used in the manufacture of an explosive;

  • (d) require any person to produce for inspection or copying, in whole or in part, any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and

  • (e) make copies of or take extracts from any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations.

• Marginal note:Vehicle

  (2) For the purpose of carrying out an inspection under subsection (1), an inspector may stop a vehicle or direct that it be moved to a place where the inspection may be carried out.

• Marginal note:Operation of data processing and copying equipment

  (3) In carrying out an inspection at any place under this section, an inspector may

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (b) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

• Marginal note:Certificate to be produced

  (4) An inspector, other than a peace officer, shall be furnished with a certificate of appointment and on entering any place described in subsection (1) shall, if so required, produce the certificate to the person in charge thereof.

• Marginal note:Warrant required to enter dwelling-house

  (5) An inspector may not enter a dwelling-house except with the consent of the occupant of the dwelling-house or under the authority of a warrant issued pursuant to subsection (6).

• Marginal note:Authority to issue warrant

  (6) Where on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,

  the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (7) An inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Marginal note:Seizure

• 14.1 (1) If, in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive or any restricted component

  • (a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence.

• Marginal note:Storage

  (2) The seized explosive or restricted component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage.

• Marginal note:Storage

  (3) The explosive or restricted component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure.

• Marginal note:Prohibition

  (4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive or a restricted component that is seized and detained under this Act.

Marginal note:Safety measures

14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives or restricted components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention.

Marginal note:Assistance to inspector

14.3 The operator of a place entered by an inspector pursuant to subsection 14(1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act, and shall furnish the inspector with any information the inspector may reasonably require with respect to the administration of this Act and the regulations.

Marginal note:Detention

• 14.4 (1) An explosive or a restricted component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry, it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it.

• Marginal note:Continued detention

  (2) If proceedings are instituted in relation to a seized explosive or restricted component, the explosive or restricted component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2).

Marginal note:Application for return

• 14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.

• Marginal note:Order

  (2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it.

Marginal note:Consent to forfeiture

14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.

Inquiries into Accidents

Marginal note:Minister may direct inquiry

• 15 (1) The Minister may direct an inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, whenever any accidental explosion of any explosive has occurred, or when any accident has been caused by an explosive.

• Marginal note:Authority of person appointed to inquire

  (2) The person authorized by the Minister to conduct an inquiry under subsection (1) has all the powers and authority of a commissioner appointed under Part I of the Inquiries Act.

• (3) [Repealed, 1989, c. 3, s. 42]

• Marginal note:Where provincial inquiry provided

  (4) This section does not apply where an accident has been caused by an explosion of an explosive occurring in any mine or quarry or metallurgical work in a province in which provision is made by the law of that province for a proper and thorough investigation and inquiry into the cause of such an accident.

Offences, Punishment and Procedure

Marginal note:Offences

• 16 (1) Every person who

  • (a) fails to permit an inspector to enter any place or to inspect, examine or make inquiries in pursuance of the inspector’s duties,

  • (b) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, in respect of which no appeal has been taken under section 17,

  • (c) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, as amended or confirmed by the Minister pursuant to section 17, or

  • (d) in any manner whatever, obstructs an inspector in the execution of the inspector’s duties under this Act,

  is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Certificate of Minister as evidence

  (2) In any prosecution under paragraph (1)(b) for failure to comply with an order, direction or requirement of an inspector, a certificate purporting to have been signed by or on behalf of the Minister stating that no appeal in respect of the order, direction or requirement has been taken under section 17 shall be received in evidence as proof, in the absence of evidence to the contrary, of that fact.

• Marginal note:Idem

  (3) In any prosecution under paragraph (1)(c) for failure to comply with an order, direction or requirement of an inspector as amended or confirmed by the Minister, a certificate purporting to have been signed by or on behalf of the Minister stating

  • (a) that the Minister has amended or confirmed the order, direction or requirement of the inspector, and

  • (b) the terms of the order, direction or requirement as amended or confirmed,

  shall be received in evidence as proof, in the absence of evidence to the contrary, of the matters set out in the certificate.