Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Stock management

• 478 (1) A stock management system must be put in place to account for a Tier 1 component that is under the control of the component seller or product seller.

• Marginal note:Audit

  (2) An annual inventory audit of the component must be performed.

• Marginal note:Weekly inspections

  (3) Weekly inspections of the component must be carried out. A record of the results of each inspection, including any loss or tampering and the cause of any loss that is not attributable to normal operations, must be kept for two years after the record is made.

Marginal note:Annual inventory

479 For each calendar year, an inventory must be made and a record of the following information kept for two years:

• (a) the listing number of the component seller or product seller;

• (b) a record of the Tier 1 component that sets out, for each location where that component is stored or sold,

  • (i) the starting inventory,

  • (ii) the quantity of the component that was manufactured,

  • (iii) the quantity of the component that was acquired and the manner of acquisition,

  • (iv) the quantity of the component that was used, sold, exported, destroyed, stolen or lost, as the case may be,

  • (v) the year-end inventory, and

  • (vi) the historical normal range of loss that is due to loss of water or mechanical abrasion; and

• (c) the name, address, telephone number and email address of the person who made the inventory.

Marginal note:Theft or tampering

480 If any theft or attempted theft of, or tampering with, a Tier 1 component is discovered,

• (a) the local police force must be informed immediately; and

• (b) a written report of the incident must be submitted to the Chief Inspector of Explosives within 24 hours after the discovery.

Marginal note:No sale

• 481 (1) A sale of a Tier 1 component must be refused if

  • (a) the quantity requested is not proportional to the buyer’s needs; or

  • (b) the component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

• Marginal note:Reporting

  (2) Every refusal to sell the component under subsection (1) or section 487 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.

Marginal note:Identification

482 Before a Tier 1 component is sold, the buyer must be required to establish their identity by providing

• (a) if the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for that purpose, the number of the buyer’s licence or certificate;

• (b) if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; and

• (c) in all other cases,

  • (i) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer,

  • (ii) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address,

  • (iii) the buyer’s provincial pesticide licence,

  • (iv) proof that registration of an agricultural operation with Québec’s Ministère de l’Agriculture, des Pêcheries et de l’Alimentation is assigned to the buyer,

  • (v) proof of the buyer’s Ontario Federation of Agriculture number, or

  • (vi) proof of the buyer’s registration under the Controlled Goods Regulations.

Marginal note:Intermediary

483 A Tier 1 component may be sold to a buyer who is unable to establish their identity in accordance with section 482 if another component seller confirms in writing that they have been provided with the identification required for that buyer. The confirmation must set out the type of document provided to the other component seller and its reference number.

Marginal note:Record of sale

• 484 (1) A record of each sale of a Tier 1 component must be kept for two years after the date of the sale. The record must include the following information and documents:

  • (a) the buyer’s name, address and telephone number;

  • (b) the date of the sale;

  • (c) the bill of lading, sales receipt or similar document;

  • (d) the type of document provided under section 482 and the document’s reference number;

  • (e) the product name of the component sold;

  • (f) the quantity of the component sold under each product name;

  • (g) an indication of whether the component was sold in bulk or in packages;

  • (h) if the component was sold in packages, the weight or volume of each package;

  • (i) a description of how the component will be used;

  • (j) if the component was shipped, the driver’s licence number, the estimated and actual date of delivery, the address to which it is delivered and the quantity received; and

  • (k) if delivery was made at the time of purchase, a receipt signed by the buyer including the information required under paragraphs (a), (b) and (d) to (i).

• Marginal note:Annual sales contract

  (2) In the case of a component seller who has entered into an annual sales contract with a buyer, the information required under paragraphs (1)(a)(d) and (i) need only be recorded once in each calendar year.

• Marginal note:Access

  (3) The record of sale must be kept locked up when it is not being used and must be made available only to a person who needs access to it in the course of their employment.

• Marginal note:Exception

  (4) Subsections (1) to (3) only apply if the quantity of a Tier 1 component sold is more than 1 kg.

Marginal note:Shipping — vehicle

• 485 (1) When more than 1 kg of a Tier 1 component is shipped by vehicle,

  • (a) each access point on the portion of the vehicle containing the component must be locked or sealed with a security cable immediately after the shipment is loaded; and

  • (b) the driver of the vehicle must be provided with a written notice stating that

    • (i) the component is to be attended unless the vehicle is either parked in a secure location or the vehicle and load are locked up,

    • (ii) the driver is to inspect all locks and, if seals are present, inspect all seals at each stop and at the final destination, and

    • (iii) the driver must immediately report to the component seller any signs of theft, attempted theft or tampering and any loss that is not attributable to normal operations.

• Marginal note:Shipping — rail

  (2) When a Tier 1 component is shipped by rail,

  • (a) each access point on the rail car containing the component must be locked or sealed with a security cable immediately after the shipment is loaded; and

  • (b) a means must be in place to track the shipment on a daily basis until delivery occurs and to investigate if the shipment does not arrive at its destination.

Marginal note:Notice

486 When a Tier 1 component is sold to a buyer who is not a component seller or product seller, the buyer must be provided with a written notice stating that

• (a) security measures are to be taken to prevent the theft of the component;

• (b) any sign of theft, attempted theft or tampering and any loss that is not attributable to normal operations must be immediately reported to the local police force; and

• (c) the resale of the component is prohibited.

Marginal note:Responsibility of employee

487 An employee of a component seller must refuse to sell a Tier 1 component if

• (a) the quantity requested is not proportional to the buyer’s needs; or

• (b) the employee has reasonable grounds to suspect that the component will be used for a criminal purpose.

Suspension and Removal

Marginal note:Suspension

• 488 (1) If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend them from the component sellers list or product sellers list. The suspension continues until the component seller or product seller remedies the failure to comply.

• Marginal note:Removal

  (2) If a component seller or product seller fails to comply with the Explosives Act or these Regulations on more than one occasion, the Chief Inspector of Explosives may remove them from the component sellers list or product sellers list.

Marginal note:Right to be heard

• 489 (1) Before suspending or removing a component seller or product seller from the component sellers list or product sellers list, the Chief Inspector of Explosives must provide them with written notice of the reasons for the suspension or removal and its effective date, and give them an opportunity to provide reasons why the listing should not be suspended or removed.

• Marginal note:Exception

  (2) A component seller or a product seller is suspended automatically and without notice if they fail to submit the annual inventory required under section 479.

Marginal note:Review

• 490 (1) Within 15 days after the date of a component seller’s or product seller’s suspension or removal from the component sellers list or product sellers list, they may send the Minister a written request for a review of the decision of the Chief Inspector of Explosives.

• Marginal note:Minister’s decision

  (2) The Minister must confirm, revoke or amend the decision under review.

DIVISION 2Tier 2 Requirements

Marginal note:Definition

491 In this Division, Tier 2 component means a restricted component set out in column 1 of Table 2 to this Part.

Authorized Sale and Acquisition

Marginal note:Sale

492 Only a person who is authorized by this Division may sell a Tier 2 component.

Marginal note:Acquisition

493 A Tier 2 component may be acquired for the purpose of manufacturing products, other than explosives, for sale only by a person who is authorized by this Division to acquire a component for that purpose.

Marginal note:Sale — use in laboratories

• 494 (1) Any person may sell a Tier 2 component for use in a laboratory that is part of or affiliated with

  • (a) a post-secondary educational institution recognized by a province;

  • (b) a hospital or health clinic; or

  • (c) a government or law enforcement agency.

• Marginal note:Sale — component seller

  (2) A component seller may sell a Tier 2 component. The component seller must comply with this Division.

Marginal note:Acquisition — product seller

• 495 (1) A product seller may acquire a Tier 2 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.

• Marginal note:Exception

  (2) The requirements set out in this Division do not apply to a product seller who acquires or manufactures a restricted component set out at item 10 or 11 of Table 2 to this Part for the purpose of manufacturing a product for sale.