Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Storage

• 207 (1) A seller must store their military explosives and law enforcement explosives in the magazine specified in their licence.

• Marginal note:No display for sale

  (2) A seller must not display military explosives or law enforcement explosives for sale.

Marginal note:Sale — licensed buyer

• 208 (1) A seller may sell military explosives or law enforcement explosives only to a buyer who holds a licence.

• Marginal note:Maximum quantity

  (2) A seller must not sell more military explosives or law enforcement explosives to a buyer than the buyer is authorized by their licence to store.

• Marginal note:Sale — certain entities

  (3) Despite subsection (1), a seller may sell the following explosives to the following buyers even if the buyer is unlicensed:

  • (a) military explosives and law enforcement explosives to the Department of National Defence and to any armed forces cooperating with the Canadian Forces; and

  • (b) military explosives, hazard category PE 3 or PE 4, and law enforcement explosives, hazard category PE 3 or PE 4, to a police force operating in Canada.

Marginal note:Record of sale

209 A seller must keep a record of every sale of military explosives or law enforcement explosives in a secure location for two years after the date of the sale. The record must include the following information:

• (a) the name and address of the individual who bought the explosives and, if applicable, the name of the entity for which the explosives were acquired;

• (b) in the case of a licensed buyer, the licence number and expiry date;

• (c) the product name of each explosive sold and the name of the person who obtained its authorization;

• (d) the quantity of explosives sold under each product name; and

• (e) the date of the sale.

Rules for Users

Marginal note:Acquisition — licensed user

• 210 (1) A user may acquire and store military explosives or law enforcement explosives if they hold a licence. A user who acquires military explosives or law enforcement explosives must comply with subsection (2).

• Marginal note:Storage — licensed user

  (2) A user must store their military explosives and law enforcement explosives in the magazine specified in their licence.

Marginal note:Acquisition — exception

• 211 (1) Despite subsection 210(1), a law enforcement agency may acquire and store military explosives, hazard category PE 3 or PE 4, or law enforcement explosives, hazard category PE 3 or PE 4, even if the agency is unlicensed. A law enforcement agency that acquires such explosives must comply with subsection (2).

• Marginal note:Storage — exception

  (2) The explosives must be stored away from flammable substances and sources of ignition, in a manner that prevents them from being stolen and ensures that access to them is limited to people authorized by the law enforcement agency.

PART 11Industrial Explosives

Marginal note:Overview

212 This Part authorizes the acquisition, storage and sale of explosives that are used for industrial purposes and sets out the rules for sellers and users.

Marginal note:Definitions

213 The following definitions apply in this Part.

industrial explosive

industrial explosive means the following types of explosive:

• (a) E.1 — blasting explosives;

• (b) E.2 — perforating explosives;

• (c) E.3 — special-application explosives;

• (d) I — initiation systems; and

• (e) P.1 — black powder and hazard category PE 1 black powder substitutes, when they are used in mining, quarrying, construction or avalanche control. (explosif industriel)

licence

licence means a licence that is issued by the Minister and authorizes storage of the type of industrial explosive to be sold or acquired. (licence)

manufacturing certificate

manufacturing certificate means a certificate that authorizes the manufacture and storage of the type of industrial explosive to be acquired or manufactured. (certificat de fabrication)

user

user means a person who acquires industrial explosives for use or conveyance. (utilisateur)

Rules for Sellers

Marginal note:Acquisition for sale

214 A seller may acquire, store and sell industrial explosives if they hold a licence. A seller who acquires industrial explosives must comply with this Part.

Marginal note:Storage

215 A seller must store their industrial explosives in the magazine specified in their licence.

Marginal note:No display for sale

216 A seller must not display industrial explosives for sale.

Marginal note:Sale — authorized buyer

• 217 (1) A seller may sell industrial explosives only to a buyer who holds a licence or a manufacturing certificate or who is authorized by a competent provincial or territorial authority to use, keep or store industrial explosives at a mine site or quarry.

• Marginal note:Maximum quantity

  (2) A seller must not sell more industrial explosives to a buyer than the buyer is authorized by their licence, certificate or provincial or territorial authorization to store.

• Marginal note:Exception

  (3) Subsection (2) does not apply to explosives in bulk that are loaded into prepared boreholes.

Marginal note:Information on packaging

• 218 (1) A seller must mark the number of the buyer’s licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manner

  • (a) on the outer packaging or container of the industrial explosives if the outer packaging or container is sealed; or

  • (b) on the inner packaging of each industrial explosive or on each reel of detonating cord if the outer packaging or container is not sealed.

• Marginal note:Exception

  (2) Subsection (1) does not apply to

  • (a) the outer packaging or containers of industrial explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container;

  • (b) containers holding industrial explosives in bulk;

  • (c) intermediate bulk containers holding industrial explosives in bulk; or

  • (d) plastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.

Marginal note:Record of sale

219 A seller must keep a record of each sale of industrial explosives for two years after the date of the sale. The record must include the following information:

• (a) the buyer’s name and address;

• (b) the number of the buyer’s licence, certificate or authorization;

• (c) the type, product name and dimensions of each explosive sold and name of the person who obtained its authorization;

• (d) the quantity of explosives sold under each product name; and

• (e) the date of the sale.

Marginal note:Reuse of packaging

• 220 (1) A seller must ensure that any packaging or container that has been used for industrial explosives is not reused unless

  • (a) it is in good condition;

  • (b) except in the case of a container holding industrial explosives in bulk, it contains no explosive residue;

  • (c) it is reused for the same type of explosive that it previously contained; and

  • (d) all information on the packaging or container remains accurate.

• Marginal note:Packaging — nitroglycerine-based explosive

  (2) A seller must ensure that any packaging or container that has been used for a nitroglycerine-based explosive or any other explosive that is manufactured from a liquid explosive is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied.

• Marginal note:Packaging — in poor condition

  (3) A seller must ensure that any packaging or container that is not in good condition when it is emptied of explosives is destroyed (for example, by breaking the packaging or container) as soon as the circumstances permit.

• Marginal note:Exception

  (4) Subsection (3) does not apply to containers holding explosives in bulk.

Rules for Users

Marginal note:Acquisition

221 A user may acquire and store industrial explosives if they hold a licence or a manufacturing certificate or are authorized by a competent provincial or territorial authority to use, keep or store such explosives at a mine site or quarry. A user who acquires industrial explosives must comply with this Part.

Marginal note:Information on packaging

• 221.1 (1) A user who holds a magazine licence and imports industrial explosives must mark the number of the buyer’s licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manner

  • (a) on the outer packaging or container of the explosives if the outer packaging or container is sealed; or

  • (b) on the inner packaging of each explosive or each reel of detonating cord if the outer packaging or container is not sealed.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to

  • (a) the outer packaging or containers of explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container;

  • (b) containers holding explosives in bulk;

  • (c) intermediate bulk containers holding explosives in bulk; or

  • (d) plastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.

Marginal note:Information on packaging — acquisition

• 222 (1) A user who acquires industrial explosives that are in sealed outer packaging or a sealed container must, after opening the packaging or container, mark the number of their licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manner on the inner packaging of each explosive or on each reel of detonating cord.

• Marginal note:Information on packaging — importation

  (2) A user who imports industrial explosives must mark the number of their licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manner

  • (a) on the outer packaging or container of the explosives if the outer packaging or container is sealed; or

  • (b) on the inner packaging of each explosive or on each reel of detonating cord if the outer packaging or container is not sealed.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to

  • (a) the outer packaging or containers of industrial explosives if the number of the licence is contained in a barcode or matrix code that is printed on the packaging or container;

  • (b) containers holding industrial explosives in bulk;

  • (c) intermediate bulk containers holding industrial explosives in bulk; or

  • (d) plastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.

Marginal note:Storage

• 223 (1) A user who holds a licence must store their industrial explosives in the magazine specified in their licence.

• Marginal note:Explosives to be attended

  (2) A user who holds a licence or a manufacturing certificate must ensure that their industrial explosives are attended when they are at a site of use.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to industrial explosives that are stored on offshore platforms for use in offshore oil or gas wells.

Marginal note:Reuse of packaging

• 224 (1) A user must ensure that any packaging or container that has been used for industrial explosives is not reused unless

  • (a) it is in good condition;

  • (b) except in the case of a container holding industrial explosives in bulk, it contains no explosive residue;

  • (c) it is reused for the same type of explosive that it previously contained; and

  • (d) all information on the packaging or container remains accurate.

• Marginal note:Packaging — nitroglycerine-based explosive

  (2) A user must ensure that any packaging or container that has been used for a nitroglycerine-based explosive or any other explosive that is manufactured from a liquid explosive is destroyed so that it cannot be reused (for example, by breaking the packaging or container) as soon as the circumstances permit after the packaging or container is emptied.

• Marginal note:Packaging not in good condition

  (3) A user must ensure that any packaging or container that is not in good condition when it is emptied of explosives is destroyed so that it cannot be reused (for example, by breaking the packaging or container) as soon as the circumstances permit.

• Marginal note:Exception — subsections (1) and (2)

  (4) Subsections (1) and (2) do not apply to

  • (a) the outer packaging or containers of industrial explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container;

  • (b) containers holding industrial explosives in bulk;

  • (c) intermediate bulk containers holding industrial explosives in bulk; or

  • (d) plastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.

• Marginal note:Exception — subsection (3)

  (5) Subsection (3) does not apply to intermediate bulk containers holding industrial explosives in bulk or containers holding industrial explosives in bulk.