Explosives Regulations, 2013 (SOR/2013-211)

Marginal note: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:

• (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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Exception

  (4) Subsection (3) does not apply to intermediate bulk containers or containers holding explosives in bulk.

Rules for Users

Marginal note: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.

Marginal note: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.

Marginal note:Storage

• 223 (1) A user who holds a licence must store their industrial explosives in the magazine specified in their licence.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Exception

  (4) Subsection (3) does not apply to intermediate bulk containers or containers holding explosives in bulk.

PART 12Blank Cartridges for Tools

Marginal note: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.

Marginal note:Definitions

• 226 (1) The following definitions apply in this Part.

  distributor

  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

  licence means a licence that authorizes the storage of blank cartridges for tools. (licence)

  retailer

  retailer means a person, other than a distributor, who sells blank cartridges for tools. (détaillant)

  seller

  seller means a distributor or a retailer. (vendeur)

  user

  user means a person who acquires blank cartridges for tools for use. (utilisateur)

• Marginal note: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.

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note: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.

Storage

Marginal note:Licensed seller

• 228 (1) A seller who holds a licence must store their blank cartridges for tools in the magazine specified in their licence.

• Marginal note: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.

Marginal note:No display for sale

• 229 (1) Blank cartridges for tools must not be displayed for sale in a dwelling.

• Marginal note: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).

• Marginal note:Access

  (3) Only people authorized by the retailer may have access to the area behind a sales counter.

230 [Repealed, SOR/2018-231, s. 30]

Marginal note: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.

• Marginal note: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 symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

Sale

Marginal note: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.

• Marginal note: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.

Marginal note:Retailer

233 A retailer may sell blank cartridges for tools only to users.

DIVISION 2Rules for Users

Marginal note: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.

Marginal note: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.

• Marginal note: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 and must ensure that the storage requirements of sections 236 and 237 are met.

236 [Repealed, SOR/2018-231, s. 31]

Marginal note: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.

• Marginal note: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 symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

PART 13Special Purpose Explosives

Marginal note: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).