Explosives Regulations, 2013

Marginal note:Issuance of letter

• 183 (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2), the Minister must issue a dated approval letter to the applicant and send a copy of the letter to any holder of a licence, permit or certificate mentioned in the application.

• Marginal note:Refusal

  (2) The Minister must refuse to issue an approval letter and must give the applicant written notice of the refusal, and the reasons for the refusal, if the applicant’s criminal record check reveals any of the following circumstances:

  • (a) the applicant is subject to a court order prohibiting them from possessing any explosives;

  • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences in Canada or equivalent offences committed outside of Canada:

    • (i) an indictable offence under the Explosives Act,

    • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

    • (iii) an offence under any of the following provisions of the Criminal Code:

      • (A) section 80 (breach of duty),

      • (B) section 81 (using explosives),

      • (C) section 82 (possession of explosives without lawful excuse),

      • (D) subsection 235(1) (first and second degree murder),

      • (E) subsection 239(1) (attempted murder),

      • (F) subsection 431.2(2) (explosive or other lethal device),

      • (G) section 436.1 (possession of incendiary material), or

    • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

      • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

      • (B) an offence under section 264 of the Criminal Code (criminal harassment).

• Marginal note:Other grounds of refusal

  (2.1) The Minister must refuse to issue an approval letter and must give the applicant written notice giving reasons of the refusal if

  • (a) the applicant has made a false or misleading statement in the application; or

  • (b) the Minister has reasonable grounds to believe that issuing the approval letter for the licence, permit or certificate mentioned in the application would constitute a risk to the safety or security of persons.

• Marginal note:Request for review

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

• Marginal note:Disposition on review

  (4) After reviewing the new information or documents, the Minister must

  • (a) issue the approval letter if the information on which the refusal was based is incorrect; or

  • (b) give the applicant written notice of the refusal, and the reasons for the refusal, and send a copy of the notice to any licence, permit or certificate holder mentioned in the application, if the information on which the refusal was based is correct.

• Marginal note:Review not requested

  (5) If the applicant does not request a review, the Minister must, at the end of the period mentioned in subsection (3), send a copy of the notice of refusal to any licence, permit or certificate holder mentioned in the application.