Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Application for specified period — other activities

30 An applicant for an authorization for a specified period, if the explosive is for use at a special event, tour or international competition involving fireworks, 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 the applicant as well as of the manufacturer if the applicant is not the manufacturer;

• (b) a short description of the explosive and its properties, as well as its product name;

• (c) the transport classification issued by the country of origin;

• (d) the places and dates of the special event, tour or international competition at which the explosive will be used;

• (e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized;

• (f) the precautions that will be taken to minimize the likelihood of harm to people and property; and

• (g) the method to be used to destroy any of the explosive that is not used before the authorization expires.

Marginal note:Fees

31 The applicant for an authorization must pay the applicable fees set out in Part 19.

Authorization

Marginal note:Authorization for indefinite period

• 32 (1) The Chief Inspector of Explosives must authorize the use of an explosive for an indefinite period if the Chief Inspector determines, on the basis of the results of one or more of the following tests, that the explosive can be safely manufactured, handled, stored, transported, used and destroyed:

  • (a) a test listed in the table to this Part that is conducted on the explosive;

  • (b) a test listed in the table to this Part that is conducted on a similar explosive; or

  • (c) a test that was conducted on this or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that is equivalent to a test listed in the table to this Part.

• Marginal note:Authorization with restrictions

  (2) The authorization must be given with restrictions if the Chief Inspector determines, based on the type, hazard classification, UN number and the circumstances in which the explosive will be used, that it can safely be used only by a specific person, body or class of people or bodies, or for a specific purpose.

Marginal note:Authorization for specified period

33 The Chief Inspector of Explosives must authorize an explosive for a specified period if the Chief Inspector determines, on the basis of the information in the application and the results of one or more of the following tests, that the explosive can be safely manufactured, handled, stored, transported, used and destroyed:

• (a) any sample testing; or

• (b) a test that was conducted on the explosive or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that the Chief Inspector of Explosives has determined is the equivalent to a test listed in the table to this Part.

Marginal note:Sample required

• 34 (1) If a sample of an explosive is required for a test listed in the table to this Part, the Chief Inspector of Explosives must notify the applicant, specify the quantity of the explosive required and indicate the address to which the sample may be sent.

• Marginal note:Sending sample

  (2) A person must not send a sample of an explosive for testing unless they have been requested to do so by the Chief Inspector.

Marginal note:Notice

• 35 (1) The Chief Inspector of Explosives must give the applicant written notice of whether the explosive has been authorized.

• Marginal note:Reasons

  (2) If the explosive has not been authorized, the notice must include the reasons for the refusal to authorize.

• Marginal note:Classification and restrictions

  (3) If the explosive has been authorized, the notice must include the following information:

  • (a) the classification of the explosive;

  • (b) in the case of an authorization for an indefinite period, any restrictions respecting the people or bodies or classes of people or bodies that may use the explosive and any restrictions respecting the purposes for which it may be used;

  • (c) in the case of an authorization for a specified period, the period for which the explosive is authorized, the quantity authorized, the place of manufacture and the place of use; and

  • (d) the date on which the explosive was authorized.

Classification of Explosives

Marginal note:Classification of authorized explosives

• 36 (1) The Chief Inspector of Explosives must classify each authorized explosive by type, hazard category and UN number in accordance with this section.

• Marginal note:Type

  (2) Each authorized explosive is classified according to its intended use as one of the following types:

  • (a) E — high explosives:

    • (i) E.1 — blasting explosives,

    • (ii) E.2 — perforating explosives,

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

  • (b) I — initiation systems;

  • (c) P — propellant powder:

    • (i) P.1 — black powder and hazard category PE 1 black powder substitutes,

    • (ii) P.2 — smokeless powder and hazard category PE 3 black powder substitutes;

  • (d) C — cartridges:

    • (i) C.1 — small arms cartridges,

    • (ii) C.2 — blank cartridges for tools,

    • (iii) C.3 — percussion caps;

  • (e) D — military explosives and law enforcement explosives;

  • (f) F — fireworks:

    • (i) F.1 — consumer fireworks,

    • (ii) F.2 — display fireworks,

    • (iii) F.3 — special effect pyrotechnics,

    • (iv) F.4 — fireworks accessories,

    • (v) F.5 — novelty devices;

  • (g) R — rocket motors:

    • (i) R.1 — model rocket motors,

    • (ii) R.2 — high-power rocket motors,

    • (iii) R.3 — rocket motor accessories; or

  • (h) S — special purpose explosives:

    • (i) S.1 — low-hazard special purpose explosives,

    • (ii) S.2 — high-hazard special purpose explosives.

• Marginal note:Hazard category

  (3) Each authorized explosive is also classified for the purposes of manufacturing and storage into one or more of the following potential effects (PE) categories, if applicable. The classification is made according to hazard, determined on the basis of manufacturing operations, the quantity of explosive and how the explosive will be packaged:

  • (a) PE 1 — mass explosion hazard;

  • (b) PE 2 — serious projection hazard but not a mass explosion hazard;

  • (c) PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; or

  • (d) PE 4 — fire hazard or slight explosion hazard, or both, with only local effect.

• Marginal note:UN number

  (4) Each authorized explosive may be assigned a UN number as set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations on the basis of its type, hazard category and the circumstances in which it will be used.

Authorized Explosives

Marginal note:Changes to authorized explosive

• 37 (1) A person who has obtained the authorization of an explosive must obtain the written permission of the Chief Inspector of Explosives before changing the explosive in a way that would render any of the following information inaccurate:

  • (a) in the case of an authorization for an indefinite period, any information required under paragraphs 28(d) to (f) or (l) to (n); and

  • (b) in the case of an authorization for a specified period, any information required under paragraphs 29(h) to (j), (m) or (n).

• Marginal note:Permission given

  (2) The Chief Inspector of Explosives must give permission if the proposed change would not affect the performance or classification of the explosive. The Chief Inspector must notify the holder in writing when permission is given.

• Marginal note:Permission refused

  (3) If permission is refused, the Chief Inspector must notify the holder in writing that permission is refused and that a new application for authorization is required.

• Marginal note:Exception

  (4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if

  • (a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;

  • (b) the UN number assigned to the explosives by the competent authority of the country of origin has not changed; and

  • (c) the Chief Inspector of Explosives has received a written notice of any change to the explosive.

Marginal note:Reclassification

• 38 (1) The Chief Inspector of Explosives must reclassify an authorized explosive if periodic testing or new information reveals that its classification is no longer appropriate.

• Marginal note:Written notice

  (2) The Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification.

Marginal note:Cancellation of authorization

39 The Chief Inspector of Explosives must cancel the authorization of an explosive in any of the following circumstances:

• (a) the person who obtained the authorization has not paid the applicable fee within 30 days after the date of an invoice from the Department of Natural Resources;

• (b) periodic testing or new information reveals that the explosive can no longer be safely manufactured, handled, stored, transported, used or destroyed;

• (c) the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed;

• (d) the person who obtained the authorization requests the cancellation; or

• (e) the manufacturer is no longer in business and the Chief Inspector has reasonable grounds to believe that the explosive is no longer in any person’s possession.

Marginal note:Recall

• 40 (1) If the authorization of an explosive is cancelled because the explosive is no longer safe when manufactured, handled, stored, transported, used or destroyed in the normal way, the Chief Inspector of Explosives must, by written notice, require any manufacturer, any importer and any seller of the explosive to recall any of the explosive that they have manufactured, imported or sold.

• Marginal note:Bad batch or lot

  (2) If a batch or lot of explosives cannot be safely handled, stored, transported, used or destroyed because of a manufacturing defect, the Chief Inspector of Explosives must, by written notice, require the manufacturer or importer and any seller of the batch or lot to recall it.

• Marginal note:Duties upon recall

  (3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a safe manner.

List of Authorized Explosives

Marginal note:Contents of list

• 41 (1) The Minister must keep an up-to-date list of all explosives that are authorized for an indefinite period. The list must set out the following information for each explosive:

  • (a) the name of the person who obtained the authorization;

  • (b) the product name and classification of the explosive; and

  • (c) any restrictions imposed by the Chief Inspector of Explosives.

• Marginal note:Exception

  (2) However, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive.

Marginal note:Removal from list

42 The Minister must remove from the list of authorized explosives any explosive for which the authorization is cancelled.