Explosives Regulations, 2013 (SOR/2013-211)

Marginal note: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.

• Marginal note:Reporting

  (2) Every refusal to sell the component under subsection (1) or section 513 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

Marginal note: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.

Marginal note: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 type of document provided to the other component seller and its reference number.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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

Marginal note: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.

• 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

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.

Marginal note: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.

• Marginal note:Minister’s decision

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

DIVISION 3Tier 3 Requirements

Marginal note:Definition

517 In this Division, Tier 3 component means a restricted component set out in column 1 of Table 3 to this Part.

Authorized Sale

Marginal note:Sale

518 A component seller may sell a Tier 3 component. The component seller must comply with this Division.

Rules for Component Sellers

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.