Explosives Regulations, 2013 (SOR/2013-211)

Export Permit

Application

Marginal note: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 and email address;

• (b) if the applicant has a freight forwarder, their name, address, telephone 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 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 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.

Requirements To Be Met by Export Permit Holder

Marginal note: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”, or other descriptive wording, 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;

• Marginal note: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 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

In Transit Permits

Application

Marginal note: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 and email address;

• (b) if the applicant has a freight forwarder, their name, address, telephone 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;

• (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 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.

Requirements To Be Met by In Transit Permit Holder

Marginal note: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

  • (d) the quantity to be transported.

• Marginal note: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.

• Marginal note: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 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.

• Marginal note: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.

• Marginal note: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.

PART 5Manufacturing Explosives

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

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);

• (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.

Marginal note: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).

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

Interpretation

Marginal note:Definitions — sites and authorizations

55 The following definitions relating to sites and authorizations apply in this Division.

client site

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

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

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

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

Marginal note:Definitions — facilities

56 The following definitions relating to facilities and equipment at factories, satellite sites or client sites apply in this Division.

factory magazine

factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique)

mobile process unit

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

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

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

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)