Explosives Regulations, 2013 (SOR/2013-211)

Suspension and Removal

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Minister’s decision

  (2) The Minister must confirm, revoke or amend the decision under review.

DIVISION 2Tier 2 Requirements

Marginal note:Definition

491 In this Division, Tier 2 component means a restricted component set out in column 1 of Table 2 to this Part.

Authorized Sale and Acquisition

Marginal note:Sale

492 Only a person who is authorized by this Division may sell a Tier 2 component.

Marginal note: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.

Marginal note: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.

• Marginal note:Sale — component seller

  (2) A component seller may sell a Tier 2 component. The component seller must comply with this Division.

Marginal note: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.

• Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 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 and email address of a contact person for each location where a Tier 2 component will be stored.

Marginal note: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.

• Marginal note:Duration of listing

  (2) A listing is effective for five years after the date that is set out in the document.

Marginal note: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.

• Marginal note:Duration of listing

  (2) A listing is effective for five years after the date that is set out in the document.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note:Locked component

• 505 (1) A Tier 2 component must be locked up when it is not attended.

• Marginal note: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.

• Marginal note:Access

  (3) Access to a Tier 2 component must be limited to people authorized by the component seller or product seller.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.