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

Marginal note:Appeal to Minister

17 A person who is dissatisfied with an order, direction or requirement of an inspector made in pursuance of this Act or any regulation may, within fifteen days after the day on which the order, direction or requirement was made, submit the facts respecting the order, direction or requirement to the Minister for the Minister’s consideration and decision, and the Minister may confirm, revoke or amend the order, direction or requirement.

Marginal note:Trespassing

18 Every person who without permission or lawful authority enters or is otherwise found in or about any factory or magazine or any vehicle in which an authorized explosive is being conveyed is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, and may be forthwith removed therefrom by any peace officer or by any person employed at the factory or magazine or the operator of the vehicle, as the case may be.

Marginal note:False information or application

19 No person shall

• (a) in or with respect to an application for a licence, permit, or certificate under section 7 or a permit under section 9, submit any false or misleading information or make any false or misleading statement; or

• (b) make such an application that, by reason of any non-disclosure of facts, is false or misleading.

Marginal note:Acts likely to cause explosion or fire

20 Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable

• (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or

• (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

Marginal note:Possession, etc.

• 21 (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

  • (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or

  • (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:No offence

  (2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.

Marginal note:Continuing offence

21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Marginal note:General punishment

• 22 (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable

  • (a) for a first offence, to a fine not exceeding fifty thousand dollars; and

  • (b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars.

• Marginal note:Arrest without warrant

  (2) For the purpose of this Act, a peace officer may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.

• Marginal note:Additional fine

  (3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the person acquired any monetary benefits or that monetary benefits accrued to the person, order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimate of the amount of those monetary benefits.

Marginal note:Disclosure of confidential information

• 23 (1) Subject to subsection (2) and the regulations, any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable

  • (a) on summary conviction, to a fine not exceeding five thousand dollars; or

  • (b) on proceedings by way of indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Exceptions

  (2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law, or where the disclosure may reasonably be considered necessary for the protection of any person or property.

Marginal note:Venue

23.1 An information in respect of an offence under this Act may be heard, tried or determined by any competent court of criminal jurisdiction in and for a province if the accused is resident, working or carrying on business within the territorial jurisdiction of that court even if the matter of the information did not arise in that territorial jurisdiction.

Marginal note:Limitation period

• 24 (1) Any proceedings under this Act may be instituted at any time within, but not later than, twelve months after the day on which the Minister becomes aware of the subject-matter of the proceedings.

• Marginal note:Certificate

  (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

Marginal note:Certificate or report of inspector or chemist

• 25 (1) Subject to subsections (3) and (4), a certificate or report appearing to have been signed by an inspector or chemist stating that the inspector or chemist has analysed or examined a substance or thing and stating the results thereof is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate or report.

• Marginal note:Copies or extracts

  (2) Subject to subsections (3) and (4), a copy made or an extract taken by an inspector pursuant to paragraph 14(1)(e) and appearing to have been certified under the inspector’s signature as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

• Marginal note:Attendance of inspector or chemist

  (3) The party against whom a certificate or report is produced pursuant to subsection (1) or against whom a copy or an extract is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector or chemist who signed or appears to have signed the certificate, report, copy or extract for the purpose of cross-examination.

• Marginal note:Notice

  (4) No certificate, report, copy or extract referred to in subsection (1) or (2) shall be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced a notice of that intention together with a duplicate of the certificate, report, copy or extract.

Marginal note:Forfeiture to Crown

• 26 (1) When a person is convicted of an offence for acquiring, having in their possession, selling, offering for sale, storing, using, making, manufacturing, transporting, importing, exporting or delivering any explosive or restricted component, the court or judge, in addition to any other penalty that may be imposed, shall, in the case of an illicitly manufactured or illicitly trafficked explosive or an explosive that is not an authorized explosive, and may, in the case of an authorized explosive or a restricted component, declare that the explosive or restricted component by means of which or in relation to which the offence was committed be forfeited to the Crown.

• Marginal note:Disposal of explosive or component forfeited

  (2) If an explosive or a restricted component is forfeited under section 14.6 or subsection (1) and the time within which an appeal may be taken has expired or any appeal has been disposed of, it may be seized and disposed of as the Minister directs, and the costs of its disposal may be charged to the owner or the person having the lawful possession of it at the time of its seizure.

Marginal note:Abandoned or deteriorated explosives

27 Any explosive that appears to the Minister to be abandoned, to have deteriorated or to be a danger to persons or property may be seized and destroyed or otherwise disposed of by such person, in such manner and at such time and place as the Minister may direct.

General

Marginal note:Certain powers of Minister may be delegated

28 The powers conferred on the Minister by sections 7, 9, 11, 12 and 27 may be exercised by any person designated by the Minister.

Marginal note:Obligation to comply with other laws

29 Nothing in this Act relieves any person

• (a) of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives; or

• (b) of any liability or punishment imposed for any contravention of an Act, law or by-law referred to in paragraph (a).