Explosives Regulations, 2013 (SOR/2013-211)

Terms and Conditions

Marginal note:Authorized activities

• 165 (1) A holder of a licence, permit or certificate may carry out any activity involving an explosive that is authorized by the document and must do so in the manner specified in it.

• Marginal note:Responsibility of holder

  (2) The holder must ensure that their employees and other workers carry out the activities authorized by the document in the manner specified in it.

Marginal note:Presentation of licence, permit or certificate

166 A holder of a licence, permit or certificate must present their document for review at the request of a peace officer.

Marginal note:Fire

• 167 (1) A holder of a licence, permit or certificate must immediately inform the local fire department of any fire that involves an explosive under their control.

• Marginal note:Incidents

  (2) A holder of a licence, permit or certificate must inform an inspector as soon as the circumstances permit of any of the following incidents that involves an explosive under their control:

  • (a) the theft, attempted theft or loss of an explosive;

  • (b) a fire, spill or accidental explosion;

  • (c) an injury or death; or

  • (d) any accidental property damage.

• Marginal note:Report

  (3) The holder must provide the Chief Inspector of Explosives with a detailed follow-up report about the incident as soon as the circumstances permit. The report must include the likely cause of the incident and the steps that the holder will take to prevent such an incident from happening again.

Marginal note:Destruction of explosives

168 A holder of a licence, permit or certificate who has not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the explosives under their control for which a licence, permit or certificate is required

• (a) are destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction;

• (b) are returned to the person from whom they were bought; or

• (c) are delivered to a holder of a factory licence that authorizes storage of those explosives.

Marginal note:Decommissioning plan — factory

• 169 (1) Before decommissioning a factory, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister.

• Marginal note:Decommissioning plan — magazine

  (2) Before decommissioning a workplace or magazine, a holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decomissioning plan to the Minister if the workplace or magazine contains any explosive residue.

• Marginal note:Contents of plan

  (3) A decommissioning plan must include a description of the safety measures that the holder will take to minimize the likelihood of harm to people or property during and after the decommissioning.

• Marginal note:Additional safety measures

  (4) The Minister may require the holder to implement additional safety measures that are necessary to minimize the likelihood of harm to people or property.

• Marginal note:Responsibility of holder

  (5) The holder must implement the decommissioning plan and ensure that the factory, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the factory or magazine is decommissioned. They must inform the Minister when the decommissioning is complete.

170 [Repealed, SOR/2024-77, s. 42]

Marginal note:Suspension of activity

171 A licence holder who intends to suspend an activity for which their licence was issued must, no later than 14 days before the date on which the suspension is to begin, give the Minister written notice of the date of suspension and the anticipated date, if any, for resuming the activity.

Amendment and Renewal

Marginal note:Amendment or renewal with amendment

• 172 (1) An applicant for an amendment of a licence, permit or certificate, or for a renewal with amendment, 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 the amendment requested is to a licence, a permit or a certificate and must include the following information:

  • (a) the name, address, telephone number and email address of both the applicant and a contact person;

  • (b) the number of the applicant’s licence, permit or certificate;

  • (c) the amendment requested; and

  • (d) all the information that differs from that provided in the previous application.

• Marginal note:Renewal without amendment

  (2) An applicant for a renewal without amendment of a licence, permit or certificate 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 name, address, telephone number and email address of both the applicant and a contact person; and

  • (b) the number of the applicant’s licence, permit or certificate.

• Marginal note:Exception

  (3) Despite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109.

• Marginal note:Fees

  (4) An applicant must pay the applicable fees set out in Part 19.

Suspension and Cancellation

Marginal note:Suspension

• 173 (1) The Chief Inspector of Explosives may suspend a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act, these Regulations or any term or condition of the document. The suspension continues until the measures required to bring the holder into compliance are taken.

• Marginal note:Cancellation

  (2) The Chief Inspector may cancel a licence, permit or certificate if the holder

  • (a) fails more than one time to comply with the Explosives Act, these Regulations or any term or condition of the document; or

  • (b) jeopardizes the safety of the public or the holder’s employees by failing to follow the practices of the explosives industry.

• Marginal note:Procedure

  (3) Before suspending or cancelling a licence, permit or certificate, the Chief Inspector must provide the holder with written notice of the reasons for the suspension or cancellation and its effective date and give them an opportunity to provide reasons why the licence, permit or certificate should not be suspended or cancelled.

• Marginal note:Review by Minister

  (4) The holder may request that the Minister review the Chief Inspector’s decision to suspend or cancel. The request must be made in writing within 15 days after the Chief Inspector has given the holder notice of the decision. The Minister must confirm, revoke or amend the decision.

Marginal note:Cancellation by Minister

• 173.1 (1) The Minister may, by written notice giving reasons, cancel a licence, permit or certificate if the Minister has reasonable grounds to believe that the holder of the licence, permit or certificate no longer meets the conditions of the approval letter issued by the Minister under section 183 or equivalent document referred to in Part 8 or if the Minister has reasonable grounds to believe that the activities subject to the licence, permit or certificate would constitute a risk to the safety or security of persons or property.

• Marginal note:Request for review

  (2) A holder of a licence, permit or certificate may, within 30 days after the day on which they receive a notice of cancellation from the Minister, send the Minister a written request for a review of the cancellation on the grounds that the information on which the cancellation was based is incorrect, accompanied by any additional documents or any other information in writing that is necessary to support the request.

• Marginal note:Decision — request for review

  (3) After reviewing the request under subsection (2), the Minister must

  • (a) reissue the licence, permit or certificate, if the information on which the cancellation was based is incorrect; or

  • (b) give the holder written notice of the cancellation, and the reasons for the cancellation, if the information on which the cancellation was based is correct.

PART 8Screening

Marginal note:Overview

174 This Part sets out the screening requirements for people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to manufacture, store, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval.

Marginal note:Definitions

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

  approval letter

  approval letter means an approval letter issued by the Minister under section 183. (lettre d’approbation)

  certificate

  certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. (certificat)

  equivalent document

  equivalent document means a security clearance, issued by a competent authority, that has not expired or been suspended or withdrawn, including

  • (a) a permis général issued under Quebec’s An Act respecting explosives, as amended from time to time;

  • (b) a FAST card (free and secure trade card) issued by the Canada Border Services Agency;

  • (c) a NEXUS card issued by the Canada Border Services Agency;

  • (d) a Firearms Possession and Acquisition Licence issued under the Firearms Act;

  • (e) a security clearance issued by Public Services and Procurement Canada to individuals working for or on behalf of entities that are registered in its Contract Security Program; or

  • (f) an Employee Possessor Clearance issued by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives if the employee holds a valid Canadian work permit. (document équivalent)

  high hazard explosive

  high hazard explosive refers to

  • (a) military explosives or law enforcement explosives (type D);

  • (b) high explosives (type E); or

  • (c) initiation systems (type I). (explosif à risque élevé)

  licence

  licence means a licence that authorizes the storage of a high hazard explosive. (licence)

  permit

  permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. (permis)

• Marginal note:Access

  (2) A person is considered to have access to a high hazard explosive if it is possible for them to come into contact, even momentary contact, with such an explosive.

DIVISION 1Application for Licence, Permit or Certificate

Marginal note:Approval letter or equivalent document

• 176 (1) An individual who applies for a licence, permit or certificate or for the renewal of one must include with their application proof that they have an approval letter or equivalent document.

• Marginal note:List of employees

  (2) Every applicant for a licence, permit or certificate, or for the renewal of one, must also include a list of their employees who are required by this Part to have an approval letter and must indicate whether the employee has applied for the letter and whether it has been received.

Marginal note:Issuance of document

177 The Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document.

DIVISION 2Approval Letters

Requirements for Holders of a Licence, Permit or Certificate

Marginal note:Approval letter required

• 178 (1) A holder of a licence, permit or certificate must ensure that an approval letter or equivalent document is held by every employee, director or contractor who, in carrying out their functions for the holder,

  • (a) has access to a high hazard explosive;

  • (b) permits others to have access to a high hazard explosive; or

  • (c) controls, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive.

• Marginal note:Control over others

  (2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they control, directly or indirectly, a person who, in carrying out their functions for the holder, has access to a high hazard explosive.