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EXPLOSIVES ACTExplosives Regulations, 2013P.C.2013-1283201311
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His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 5a of the Explosives Actb, makes the annexed Explosives Regulations, 2013.S.C. 2004, c. 15, s. 37R.S., c. E-17Introduction
OverviewThis Part sets out the scheme and application of these Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”.SOR/2022-121, s. 1SOR/2024-77, s. 1
[Repealed, SOR/2024-77, s. 1]
[Repealed, SOR/2022-121, s. 2]
Scheme of RegulationsThese Regulations are divided into 20 Parts. Some Parts apply to all explosives and some apply only to specific types of explosive. The final Part applies to restricted components.General requirements, prohibitions and safety precautionsPart 2 sets out the general requirements, prohibitions and safety precautions that apply to every person who is carrying out an activity involving an explosive or is in the vicinity of an explosive.Authorization and classification of explosivesPart 3 indicates how to obtain an authorization of an explosive, how an authorized explosive is classified, how to obtain permission to change an authorized explosive, when an authorization may be cancelled and when an authorized explosive must be recalled.Importing and exporting explosives and transporting explosives in transitPart 4 indicates how to obtain a permit to import or export explosives or to transport them in transit and sets out the requirements for carrying out those activities.Manufacturing explosivesPart 5 indicates how to obtain a factory licence or manufacturing certificate and sets out the circumstances in which explosives may be manufactured without a licence or certificate. It also sets out the requirements for manufacturing explosives.Magazine licences and storage in licensed magazinePart 6 indicates how to obtain a magazine licence and sets out the requirements for storing explosives in a licensed magazine.Provisions of general applicationPart 7 sets out the terms and conditions that apply to all holders of licences, permits and certificates, indicates how to obtain an amendment or renewal and sets out the circumstances in which a licence, permit or certificate may be suspended or cancelled.ScreeningPart 8 sets out the screening and supervision requirements that apply to people who have, or could have, access to high risk explosives.Transporting explosivesPart 9 sets out the requirements for transporting explosives, including transporting them in transit.Particular types of explosivesParts 10 to 15 set out the requirements for the acquisition, storage and sale of the following types of explosives:military explosives and law enforcement explosives – Part 10;industrial explosives – Part 11;blank cartridges for tools – Part 12;special purpose explosives – Part 13;small arms cartridges, propellant powder and percussion caps – Part 14; andmodel and high power rocket motors – Part 15.Part 14 also authorizes, and sets out requirements for, the manufacture of small arms cartridges and black powder cartouches.Types of pyrotechnicsParts 16 to 18 set out the requirements for the acquisition, storage, sale and use of the following types of fireworks:consumer fireworks – Part 16;special effect pyrotechnics – Part 17; anddisplay fireworks, including firecrackers – Part 18.Parts 17 and 18 also indicate how to obtain a fireworks operator certificate.FeesPart 19 sets out the fees to be paid for obtaining an authorization, permit, licence or certificate.Restricted componentsPart 20 restricts the sale and acquisition of certain components of explosives and sets out requirements for their sale and storage.SOR/2016-75, s. 37SOR/2022-121, s. 4
Application of RegulationsThese Regulations apply to all explosives except the following, to which only Part 5 applies:safety and strike-anywhere matches;life-saving devices (for example, signals, flares and parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment that is necessary for its safe operation or for the safety of its occupants;explosives classified as UN 3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for example, 1H-tetrazole), training kits for sniffer dogs and kits to test the functioning of machines that detect trace levels of explosives; andChristmas crackers containing less than 2 mg of explosive substance.Exemption from Explosives ActParagraphs 6(b) to (d) and subsections 9(2) and (3) of the Explosives Act do not apply to the explosives set out in subsection (1).Exemption from ActParagraph 6(e) and section 20 of the Explosives Act do not apply to the explosives set out in paragraphs (1)(a), (b), (d) and (e).Exemption from ActSection 21 of the Explosives Act applies to the explosives set out in subsection (1) only in respect of the activities referred to in paragraph 6(a) of that Act, and to the explosives set out in paragraph 1(c) only in respect of the activities referred to in paragraph 6(e) of that Act.Explosives under control of allied armed forcesExplosives that are under the control of any armed forces that are cooperating with the Canadian Forces are deemed to be under the direction or control of the Minister of National Defence.SOR/2018-231, s. 1SOR/2022-121, s. 4
Definition of explosiveFor the purposes of section 2 of the Explosives Act and these Regulations, explosive includesan explosive substance or explosive article that is not manufactured or used to produce an explosion, detonation or pyrotechnic effect but is included in Class 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations;any substance numbered UN 1442, AMMONIUM PERCHLORATE as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations;any substance numbered UN 3375, AMMONIUM NITRATE EMULSION, GEL, OR SUSPENSION, intermediate for blasting explosives, as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations; anda multi-ingredient kit that is used to manufacture an explosive.Definition of military deviceFor the purposes of section 2 of the Explosives Act, military device means a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, perforator and any other explosive article that is manufactured exclusively for military or law enforcement purposes.DefinitionsThe following definitions apply in these Regulations.activity involving an explosive means acquiring, possessing, selling, offering for sale, storing, manufacturing, transporting, transporting in transit, importing, exporting or delivering an explosive or using fireworks. (activité visant un explosif)attended means to be constantly monitored by a person and, unless these Regulations provide otherwise, includes monitoring by a person using electronic means. (surveillé)compatible means, in relation to a material, that the material will not react chemically with an explosive or raw material so as to affect the functioning of the explosive or raw material or to increase the likelihood of an ignition of the explosive or raw material; andwill not be degraded by an explosive or raw material so as to affect its function or increase the likelihood of an ignition of the explosive or raw material. (compatible)decontaminate means to completely remove, clean or purge an explosive substance from a building, room, area, vehicle, equipment or container. (décontamination)explosive article means an article that contains one or more explosive substances. (objet explosif)explosive substance means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable, by chemical reaction, of producing a gas at a temperature, pressure and speed that is capable of causing damage to surrounding structures or infrastructure. It includes a substance — or a mixture of substances — that is designed to produce an effect of heat, light, sound, gas or smoke, or a combination of such effects, by means of a non-detonative self-sustaining exothermic chemical reaction, even if the substance or mixture does not produce a gas. (matière explosive)industrial explosive has the same meaning as in section 213. (explosif industriel)local authority means, in relation to special effect pyrotechnics or display fireworks, the municipal, provincial or territorial organization or office that has authority to authorize their use in a locality. (autorité locale)manufacturing has the same meaning as in section 53. (fabriquer)misfire means the complete or partial failure of a charge to explode as planned. (raté)product name means the trade name or part number of an explosive, or both in the case of an explosive that has both a trade name and a part number. (nom de produit)pyrotechnic event has the same meaning as in section 361. (activité pyrotechnique)small arms cartridge has the same meaning as in subsection 268(1). (cartouches pour armes de petit calibre)special effect pyrotechnics has the same meaning as in section 361. (pièces pyrotechnique à effets spéciaux)storage unit means a building, structure, place or container in which explosives are stored and that is not licensed. However, it does not include a dwelling or any structure, place or container in a dwelling. (unité de stockage)vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))vulnerable place refers toany building in which people live, work or assemble;public roads, railways and other transportation infrastructure;pipelines and energy transmission lines; andany place where a substance that increases the likelihood of a fire or explosion is likely to be stored. (lieu vulnérable)ExceptionThe definition manufacturing in subsection (3) does not apply in Part 20.SOR/2013-211, s. 499; SOR/2016-75, s. 1SOR/2022-121, s. 4SOR/2024-77, s. 2SOR/2024-77, s. 145
Inspectors’ dutiesNothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act.
Electronic noticeAny document, other than a document referred to in subsection 173(3) or (4) or 183(3) or section 426, and any information that is required by these Regulations to be in writing, may be delivered in hard copy or by electronic means.SOR/2024-77, s. 3
General Requirements, Prohibitions and Safety Precautions
OverviewThis Part sets out requirements, prohibitions and safety precautions that apply to every person who is carrying out an activity involving an explosive or who is in the vicinity of explosives.SOR/2022-121, s. 4
Requirements
Age restrictionUnless otherwise indicated in these Regulations, a person must be at least 18 years old to carry out an activity involving an explosive.ExceptionsSubsection (1) does not apply to the following persons:a person who acquires small arms cartridges for their own personal use; ora person under 18 years old who possesses small arms cartridges or black powder cartouches at a federal, provincial or territorial site that holds a division 2 factory licence for the purposes of conducting demonstrations or historical re-enactments sanctioned by the federal, provincial or territorial authority for the site.SOR/2022-121, s. 4SOR/2024-77, s. 4
Requirement that explosives be authorizedA person may carry out an activity involving an explosive only if the explosive is authorized under Part 3.SOR/2022-121, s. 4
Prohibitions
Prohibited explosivesThe following explosives are, in the opinion of the Minister, intrinsically unsafe and must not be acquired, possessed, used or sold:trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); andexplosives containing chemicals that are not compatible with one another.SOR/2016-75, s. 38SOR/2022-121, s. 4
Sale or transferA person must not sell or otherwise transfer an explosive to another person if they have reasonable grounds to suspect thatthe other person is not authorized by the Explosives Act or these Regulations to acquire the explosive;the explosive will be used for a criminal purpose; orthe other person is under the influence of alcohol or another performance-diminishing substance.SOR/2022-121, s. 4
Acquisition of restricted explosiveA person must not acquire an explosive that the Chief Inspector of Explosives has authorized with restrictions unlessif the authorization is restricted to specified people or bodies or classes of people or bodies, they are a person or body or member of a class of people or bodies specified in the authorization;if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; orif the authorization is restricted to specified people or bodies or classes of people or bodies and to specified purposes, they are a person or body or member of a class of people or bodies specified in the authorization and intend to use the explosive for a purpose specified in the authorization.SOR/2022-121, s. 4
Performance-diminishing substanceA person must not carry out an activity involving an explosive if they are under the influence of alcohol or another performance-diminishing substance. A person who has taken a prescription drug may carry out such an activity if they have medical proof that they need the drug and that it will not impede their ability to safely carry out the activity.SOR/2022-121, s. 4
SmokingA person must not smoke while they are carrying out an activity involving an explosive or if they are within 8 m of an explosive.SOR/2022-121, s. 4
Alteration of markingsA person must not alter, deface or obscure any printing or label on an explosive or its packaging unless they are ordered to do so by an inspector to correct an error.Change of quantityHowever, after removing an explosive from its packaging, a person may alter the printing or label on the packaging to reflect the remaining quantity.SOR/2022-121, s. 4
False informationA person must not include in a document required by these Regulations any information that is false or misleading. A person must not submit a document that, by reason of non-disclosure of facts, is false or misleading.
Safety Precautions
Knowledge of activityA person who is carrying out an activity involving an explosive must ensure that they, and any person under their supervision, have knowledge of the activity being carried out and of the measures that must be taken to minimize any likelihood of harm to people and property that could result from the activity, including measures toprevent an accidental ignition;limit the spread of any fire or the extent of any explosion; andprotect people from the effects of any fire or explosion.SOR/2022-121, s. 4
Precautionary measuresA person who is carrying out an activity involving an explosive must take measures that minimize the likelihood of harm to people or property that could result from the activity, including measures toprevent an accidental ignition;limit the spread of any fire or the extent of any explosion; andprotect people from the effects of any fire or explosion.SOR/2022-121, s. 4
Limiting access to explosivesA person who is in control of an explosive must ensure that only people authorized by them or by law have access to the explosive.SOR/2022-121, s. 4
Use of fireworksA person may use fireworks only for the purpose for which they were designed.
Authorization and Classification of Explosives
OverviewThis Part sets out activities involving an explosive that may be carried out even if the explosive is not authorized. It also sets out the procedure for obtaining authorization of an explosive and when permission is required to change an explosive that has been authorized. It deals as well with the classification and reclassification of explosives, their recall and the cancellation of an authorization.SOR/2022-121, s. 4
Chief Inspector’s delegateThe duties and functions of the Chief Inspector of Explosives that are set out in sections 32 to 40 may be performed by an inspector designated by the Chief Inspector.
Authorization Not Required
Exemption from authorizationDespite section 11, the following activities involving an explosive may be carried out even though the explosives are not authorized:the manufacture of up to 1 kg of explosives to be used in conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution;the manufacture of up to 5 kg of explosives to be used in conducting an experiment, demonstration, test or analysis by a government or law enforcement agency;the manufacture of up to 5 kg of explosives to be used in conducting an experiment, test or analysis at a private or commercial laboratory;the manufacture of black powder charges for ceremonial use;the manufacture of small arms cartridges or black powder cartouches for personal use;the assembly and use of special purpose pyrotechnics, as defined in section 361;the sending of a sample of an explosive to the Chief Inspector of Explosives, at his or her request, for authorization testing;the importation of an explosive, if the conditions set out in section 45 or 45.1 are met;the exportation of an explosive, if the conditions set out in section 45 are met;the transportation in transit of an explosive;the transportation of set pieces, that is to say, lattices intended to be fixed to the ground and arrayed with ground-level fireworks that form an image, word or design; andthe transportation of explosives within Canada for the Department of National Defence, the Canadian Armed Forces or any armed forces cooperating with the Canadian Armed Forces, if the following conditions are met:the explosives have been classified for the purposes of transportation by a competent authority under the Recommendations on the Transport of Dangerous Goods — Model Regulations, published by the United Nations, as amended from time to time, andthe competent authority has been recognized by the Chief Inspector of Explosives as having a transport classification process equivalent to that set out in the Transportation of Dangerous Goods Regulations.SOR/2022-121, s. 4SOR/2024-77, s. 5
Application for Authorization
Period of authorizationAn explosive may be authorized for an indefinite period or for a specified period.Indefinite periodAn authorization for an indefinite period is issued if the explosive is intended to be used in ongoing or recurring activities. The authorization may be issued with restrictions.Specified periodAn authorization for a specified period is issued if the explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks).SOR/2018-231, s. 2SOR/2022-121, s. 4
ApplicantThe following people may apply to have an explosive authorized:a person who proposes to manufacture the explosive;a foreign manufacturer of the explosive; ora person who has permission to apply from a manufacturer of the explosive.SOR/2022-121, s. 4
Application for indefinite periodAn applicant for an authorization for an indefinite period 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:the name, address, telephone number and email address of the applicant as well as of the manufacturer if the applicant is not the manufacturer;a short description of the explosive and its properties, as well as its product name;a description of the circumstances in which it will be used;for an explosive article, a technical drawing of the article, prepared to scale, that sets out its dimensions, its components and the materials of its construction;the composition of the explosive and the percent tolerance or range of each of its ingredients;the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state;the anticipated classification of the explosive under section 36;in the case of an explosive to be manufactured in Canada for the first time, a description of the manufacturing operations that will be used;for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use;a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale;a description of the packaging or container in which the explosive will be transported and stored, and the safety standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992;the information that will be printed on the explosive and its packaging;the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; andthe period after the manufacture of the explosive during which it will remain suitable for use in the circumstances described in paragraph (c).SOR/2016-75, s. 2SOR/2022-121, s. 4SOR/2024-77, s. 6
Application for specified periodAn applicant for an authorization for a specified period, if the explosive is for use other than 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:the name, address, telephone number and email address of the applicant as well as of the manufacturer if the applicant is not the manufacturer;the period for which the authorization is requested;a short description of the explosive and its properties, as well as its product name;a description of the circumstances in which it will be used;the quantity of the explosive that will be used during the period;every location where it will be used;in the case of a product trial, the location where the explosive will be manufactured;for an explosive article, a technical drawing of the article prepared to scale that includes its dimensions, its components and the materials of its construction;the composition of the explosive and the percent tolerance or range of each of its ingredients;the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;for an explosive article, a description of its performance characteristics, the way in which it functions and instructions for its use;a description of any packaging or container in which the explosive will be handled, used or displayed for sale;a description of the packaging or container in which the explosive will be transported and stored and the safety standards with which the packaging or container must comply under the Transportation of Dangerous Goods Act, 1992;the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen;the delivery system, if the explosive is to be transported in bulk;the method to be used to destroy any of the explosive that is not used before the authorization expires; andthe results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state.SOR/2016-75, s. 3; SOR/2018-231, s. 3SOR/2022-121, s. 4SOR/2024-77, s. 7
Application for specified period — other activitiesAn 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:the name, address, telephone number and email address of the applicant as well as of the manufacturer if the applicant is not the manufacturer;a short description of the explosive and its properties, as well as its product name;the transport classification issued by the country of origin;the places and dates of the special event, tour or international competition at which the explosive will be used;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;the precautions that will be taken to minimize the likelihood of harm to people and property; andthe method to be used to destroy any of the explosive that is not used before the authorization expires.SOR/2016-75, ss. 4, 39; SOR/2018-231, ss. 4, 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 8
FeesThe applicant for an authorization must pay the applicable fees set out in Part 19.
Authorization
Authorization for indefinite periodThe 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 test listed in the table to this Part that is conducted on the explosive;a test listed in the table to this Part that is conducted on a similar explosive; ora 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.Authorization with restrictionsThe 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.SOR/2022-121, s. 4
Authorization for specified periodThe 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:any sample testing; ora 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.SOR/2022-121, s. 4SOR/2024-77, s. 9
Sample requiredIf 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.Sending sampleA person must not send a sample of an explosive for testing unless they have been requested to do so by the Chief Inspector.SOR/2022-121, s. 4
NoticeThe Chief Inspector of Explosives must give the applicant written notice of whether the explosive has been authorized.ReasonsIf the explosive has not been authorized, the notice must include the reasons for the refusal to authorize.Classification and restrictionsIf the explosive has been authorized, the notice must include the following information:the classification of the explosive;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;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; andthe date on which the explosive was authorized.SOR/2022-121, s. 4
Classification of Explosives
Classification of authorized explosivesThe Chief Inspector of Explosives must classify each authorized explosive by type, hazard category and UN number in accordance with this section.TypeEach authorized explosive is classified according to its intended use as one of the following types:E — high explosives:E.1 — blasting explosives,E.2 — perforating explosives,E.3 — special-application explosives;I — initiation systems;P — propellant powder:P.1 — black powder and hazard category PE 1 black powder substitutes,P.2 — smokeless powder and hazard category PE 3 black powder substitutes;C — cartridges:C.1 — small arms cartridges,C.2 — blank cartridges for tools,C.3 — percussion caps;D — military explosives and law enforcement explosives;F — fireworks:F.1 — consumer fireworks,F.2 — display fireworks,F.3 — special effect pyrotechnics,F.4 — fireworks accessories,F.5 — novelty devices;R — rocket motors:R.1 — model rocket motors,R.2 — high-power rocket motors,R.3 — rocket motor accessories; orS — special purpose explosives:S.1 — low-hazard special purpose explosives,S.2 — high-hazard special purpose explosives.Hazard categoryEach 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:PE 1 — mass explosion hazard;PE 2 — serious projection hazard but not a mass explosion hazard;PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; orPE 4 — fire hazard or slight explosion hazard, or both, with only local effect.UN numberEach 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.SOR/2016-75, s. 37SOR/2022-121, s. 4SOR/2024-77, s. 10
Authorized Explosives
Changes to authorized explosiveA 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:in the case of an authorization for an indefinite period, any information required under paragraphs 28(d) to (f) or (l) to (n); andin the case of an authorization for a specified period, any information required under paragraphs 29(h) to (j), (m) or (n).Permission givenThe 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.Permission refusedIf 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.ExceptionSubsection (1) does not apply to type C.2, C.3 or S.1 explosives iffor 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;the UN number assigned to the explosives by the competent authority of the country of origin has not changed; andthe Chief Inspector of Explosives has received a written notice of any change to the explosive.SOR/2018-231, s. 5SOR/2022-121, s. 4
ReclassificationThe Chief Inspector of Explosives must reclassify an authorized explosive if periodic testing or new information reveals that its classification is no longer appropriate.Written noticeThe Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification.SOR/2022-121, s. 4
Cancellation of authorizationThe Chief Inspector of Explosives must cancel the authorization of an explosive in any of the following circumstances: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;periodic testing or new information reveals that the explosive can no longer be safely manufactured, handled, stored, transported, used or destroyed;the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed;the person who obtained the authorization requests the cancellation; orthe 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.SOR/2022-121, s. 4
RecallIf 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.Bad batch or lotIf 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.Duties upon recallA 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.SOR/2018-231, s. 6SOR/2022-121, s. 4
List of Authorized Explosives
Contents of listThe 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:the name of the person who obtained the authorization;the product name and classification of the explosive; andany restrictions imposed by the Chief Inspector of Explosives.ExceptionHowever, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive.SOR/2016-75, ss. 38, 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4
Removal from listThe Minister must remove from the list of authorized explosives any explosive for which the authorization is cancelled.SOR/2016-75, s. 38SOR/2022-121, s. 4
Tests for Authorizing ExplosivesTests for physical properties — including consistency, reaction rate, rate of moisture-absorption, tendency for separation, exudation, behaviour at both high and low temperatures, density and specific gravityTests for chemical composition — including the determination of the percentage of each ingredient in the explosiveTests for stability — including the determination of the stability of the explosive by subjecting it to varying environmental conditions, such as high temperatures, that might produce spontaneous ignition of the explosive or a variation of its sensitivityTests for ignition behaviourTests to determine the potential for mass explosion in a fireTests to determine whether ignition of an explosive article might ignite other explosive articles when stored or transported togetherTests for mechanical sensitivity — including sensitivity to friction and impactTests for sensitivity to electrostatic dischargeTests for sympathetic initiation and detonationTests for velocity of detonationTests for explosive strengthTests for or calculation of the composition of gases that evolve on explosionPerformance testsTests for minimum burning pressurePackaging testsAny other tests that are necessary for the purpose of authorizing an explosiveImporting and Exporting Explosives and Transporting Explosives in Transit
OverviewThis Part sets outthe circumstances in which explosives may be imported, exported or transported in transit without a permit;the information that a person must include in an application for a permit to import or export explosives or transport them in transit; andthe requirements that permit holders must meet, including the information that permit holders must provide to the Chief Inspector of Explosives after explosives are imported, exported or transported in transit.SOR/2022-121, s. 4
DefinitionsThe following definitions apply in this Part.annual permit means a permit for multiple importations, exportations or transportations in transit during a one-year period. (permis annuel)secure storage site means a site at which the Minister or a province has authorized storage of the type and quantity of explosive that is to be transported in transit. (lieu de stockage sûr)single use permit means a permit for a single importation, exportation or transportation in transit. (permis à utilisation unique)Explosive quantityA reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance).SOR/2013-211, s. 500; SOR/2016-75, s. 38(E); SOR/2018-231, s. 7(F)SOR/2022-121, s. 4
No Permit Required
Import, export or transport in transitA person may import, export or transport in transit an explosive set out in the table to this section without a permit if the following conditions are met:the explosive is imported, exported or transported in transit for personal use and not for commercial purposes;the explosive enters or leaves Canada with the person importing or exporting it or, if the explosive is transported in transit, it remains with the person transporting it at all times; andin the case of small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device; andthe quantity of the explosive being imported, exported or transported in transit is not more than the quantity set out in the table.TABLEItemColumn 1Column 2ExplosiveQuantity1Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging)62Avalanche airbag systems33Small arms cartridges — imported or exported5 0004Small arms cartridges — transported in transit50 0005Percussion caps for small arms cartridges — imported or exported5 0006Percussion caps for small arms cartridges — transported in transit50 0007Empty primed small arms cartridge cases — imported or exported5 0008Empty primed small arms cartridge cases — transported in transit50 0009Black powder and hazard category PE 1 black powder substitutes8 kg, in containers of 500 g or less10Smokeless powder and hazard category PE 3 black powder substitutes8 kg, in containers of 4 kg or less
SOR/2013-211, s. 501; SOR/2016-75, s. 5; SOR/2018-231, s. 8SOR/2022-121, s. 4SOR/2024-77, s. 11(E)
ImportationA person may import explosives without a permit if the following conditions are met:the explosives have been procured by the Department of National Defence, the Canadian Armed Forces or any armed forces cooperating with the Canadian Armed Forces;the shipper and the carrier have ensured that nothing other than the explosives are transported in the same vehicle;the carrier or driver is in possession of an approval letter or equivalent document issued under Part 8;the Department of National Defence, the Canadian Armed Forces or any armed forces cooperating with the Canadian Armed Forces has informed the carrier of the transportation requirements under Part 9; andthe carrier transports the explosives directly from the Canadian port of entry to the Department of National Defence, the Canadian Armed Forces or any armed forces cooperating with the Canadian Armed Forces.SOR/2024-77, s. 12
Import PermitsApplication
ApplicationAn applicant for an import permit 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 a single use permit or an annual permit is requested and include the following information:the applicant’s name, address, telephone number and email address;if the applicant has a customs broker, the broker’s name, address, telephone number and email address and the name of a contact person;the product name and UN number of each explosive to be imported;the quantity of each explosive to be imported or, if the application is for an annual permit, the estimated quantity of each explosive to be imported during the year;the purpose for which each explosive is imported (personal, industrial or commercial use, reloading, field trial or other testing, sale, consignment, pyrotechnic event, fireworks display or other purpose);the name of the person who obtained the authorization of each explosive;the country of origin of each explosive;the location of the Canadian port of entry through which each explosive will pass;the address of the person to whom each explosive will be delivered and the location where it will be stored;in the case of an explosive to be stored in a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that will be stored there, the quantity of that explosive authorized by the licence to be stored;in the case of an explosive to be stored in a magazine owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine; andthe date of the application.Fees for import permitAn applicant for an import permit must pay the applicable fees set out in Part 19.SOR/2016-75, ss. 6, 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 13
Requirements To Be Met by Import Permit Holder
Quantity of explosives and packagingA holder of an import permit must ensure that the following requirements are met:the quantity of each explosive to be imported must not exceed the quantity of the explosive that the holder is authorized by a factory licence, a magazine licence or these Regulations to store; andthe packaging in which each explosive is imported must conform to the description of the packaging set out in the explosive’s authorization.Information on explosivesA holder of an import permit must ensure that the following information is displayed on each explosive to be imported:the name and address of the person who obtained the explosive’s authorization;either the date of its manufacture and the shift during which it was manufactured, if any, or its lot number;its product name; andinstructions, in both English and French, for its safe handling, storage, use and destruction.Manner of displaying informationA holder of an import permit must ensure that the informationis legibly printed on the explosive;is legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);is contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraph (a) and (b); oris legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).ExceptionParagraph 2(d) does not apply in the case of fireworks that are imported for use at a special event, tour or international competition if the instructions are printed in a language understood by the person who will use the fireworks.Information on packagingA holder of an import permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be imported:the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, or other descriptive wording, as the case may be, on the outer packaging and any inner packaging;the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;in the case of a type F explosive, whether it is type F.1, F.2, F.3, F.4 or F.5, on the outer packaging; andin the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.Printing deadlineA holder of an import permit must ensure that the information to be printed on an explosive and its packaging is printed on them before the explosive is distributed and in any case no later than 15 days after the date on which the explosive is released under section 31 of the Customs Act.ReportA holder of an import permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:the holder’s name, address, telephone number and email address;the holder’s permit number and its expiry date;the product name and UN number of each explosive that was imported and the name of the person who obtained its authorization;the quantity and UN number of each type of explosive;the country of origin of each explosive;the means of transport used;the location of the Canadian port of entry through which each explosive passed; andthe date of the report and the name of the person who completed the report.Deadline — annual permitA holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were imported during the year for which the permit was valid.Deadline — single use permitA holder of a single use permit must submit the report within 30 days after the date on which the explosives were imported.ExceptionSubsections (7) to (9) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.SOR/2016-75, ss. 7, 39; SOR/2018-231, ss. 9, 43, 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 14
Export PermitApplication
ApplicationAn applicant for an export permit 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 a single use permit or an annual permit is requested and include the following information:the applicant’s name, address, telephone number and email address;if the applicant has a freight forwarder, their name, address, telephone number and email address and the name of a contact person;the product name and UN number of each explosive to be exported;the quantity of each explosive to be exported or, if the application is for an annual permit, the estimated quantity of each explosive to be exported during the year;the name of the person who obtained the authorization of each explosive;the country of origin of each explosive;the location of the Canadian port of exit through which each explosive will pass;the name, address, telephone number and email address of the person to whom each explosive will be delivered;a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; andthe date of the application.SOR/2016-75, ss. 8, 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 15
Requirements To Be Met by Export Permit Holder
Information on packagingA holder of an export permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be exported:the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, or other descriptive wording, as the case may be, on the outer packaging and any inner packaging;the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;ReportA holder of an export permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:the holder’s name, address, telephone number and email address;the holder’s permit number and its expiry date;the product name and UN number of each explosive that was exported and the name of the person who obtained its authorization;the quantity and UN number of each type of explosive that was exported;the country of origin of each explosive;the means of transport used;the location of the Canadian port of exit through which each explosive passed; andthe date of the report and the name of the person who completed the report.Deadline — annual permitA holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were exported during the year for which the permit was valid.Deadline — single use permitA holder of a single use permit must submit the report within 30 days after the date on which the explosives were exported.ExceptionSubsections (2) to (4) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.SOR/2016-75, ss. 9, 39; SOR/2018-231, s. 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 16
In Transit PermitsApplication
ApplicationAn applicant for an in transit permit 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 a single use permit or an annual permit is requested and include the following information:the applicant’s name, address, telephone number and email address;if the applicant has a freight forwarder, their name, address, telephone number and email address and the name of a contact person;the product name and UN number of each explosive to be transported in transit;if an explosive to be transported is not on the list of authorized explosives referred to in subsection 41(1), the name or product name of the explosive, a description of the explosive and its UN number;the quantity of each explosive to be transported or, if the application is for an annual permit, the estimated quantity of each explosive to be transported during the year;the name of the manufacturer of each explosive;the country of origin of each explosive;the anticipated dates of entry into and departure from Canada;the location of the Canadian port of entry and port of exit through which each explosive will pass;the location in Canada of secure storage sites that may be used if the transportation is interrupted and, if any of the sites is a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that might be stored there, the quantity of that explosive that is authorized by the licence to be stored;if any of the secure storage sites is a magazine that is owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine if an interruption in transportation occurs;the name, address, telephone number and email address of the person to whom each explosive will be delivered;a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; andthe date of the application.SOR/2016-75, s. 39; SOR/2018-231, ss. 10(F), 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 17
Requirements To Be Met by In Transit Permit Holder
Information on packagingA holder of an in transit permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be transported in transit:the name or product name of the explosive;a description of the explosive;the UN number of the explosive; andthe quantity to be transported.Interruption of in transit transportationIf anything interrupts an in transit transportation of explosives and, as a consequence, the explosives need to be stored, the holder of the in transit permit must ensure that they are stored in a licensed magazine, storage unit or dwelling in accordance with these Regulations or at a secure storage site.ReportA holder of an in transit permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:the permit holder’s name, address, telephone number and email address;the holder’s permit number and its expiry date;the name or product name, the UN number and a description of each explosive that was transported in transit; andthe quantity and UN number of each type of explosive that was transported in transit;the country of origin of each explosive;the means of transport used;the location of the Canadian port of entry and port of exit through which each explosive passed; andthe date of the report and the name of the person who completed the report.Deadline — annual permitA holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were transported in transit during the year for which the permit was valid.Deadline — single use permitA holder of a single use permit must submit the report within 30 days after the date on which the explosives entered Canada.SOR/2016-75, s. 39; SOR/2018-231, ss. 11, 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 18
Manufacturing Explosives
OverviewThis Part sets out the rules for manufacturing explosives. However, it does not apply to the manufacture of small arms cartridges or black powder cartouches for personal use or to repackaging under a vendor magazine licence.Division 1Division 1 (sections 55 to 105) sets out how to obtain a division 1 factory licence or a satellite site certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the factory or satellite site.Division 2Division 2 (sections 106 to 132) sets out how to obtain a division 2 factory licence or a manufacturing certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the workplace.Division 3Division 3 (sections 133 to 142) sets out the manufacturing activities that do not require a factory licence or manufacturing certificate and the requirements for people who carry out those activities.SOR/2022-121, s. 4
Definition of manufacturingIn this Part, manufacturing includes the following activities:making or manufacturing an explosive substance from raw material or from another explosive substance;making or manufacturing an explosive article, including the assembly of an article from explosive and non-explosive components;altering or remaking an explosive substance or explosive article by modifying its chemical composition (for example, by gassing or blending) or by subjecting it to physical processes with the input of energy (for example, pneumatic handling, pumping, shearing or thickening);dividing an explosive into its components or unmaking, breaking up or in any manner destroying it;packaging explosives; andtesting an unauthorized explosive or testing an explosive to assess its potential for a use other than its authorized use.SOR/2022-121, s. 4
Explosive quantityA reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance).SOR/2022-121, s. 4
Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site CertificateInterpretation
Definitions — sites and authorizationsThe following definitions relating to sites and authorizations apply in this Division.client site means a blast site at which a mobile process unit is used to manufacture explosives away from a factory or satellite site. (site client)division 1 factory licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the manufacture of explosives at a factory. (licence de fabrique de la section 1)satellite site means a site that is located away from a factory and at which explosives that are intended for use at a client site are manufactured and temporarily stored. (site satellite)satellite site certificate means a manufacturing certificate that is issued to the holder of a division 1 factory licence under paragraph 7(1)(c) of the Explosives Act and authorizes the manufacture of explosives at a satellite site. (certificat de site satellite)SOR/2022-121, s. 4
Definitions — facilitiesThe following definitions relating to facilities and equipment at factories, satellite sites or client sites apply in this Division.factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique)mobile process unit means a vehicle or portable machine that is used at a factory, satellite site or client site to carry out an explosives manufacturing operation. (unité de fabrication mobile)process unit means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory. (unité de fabrication)raw material storage facility means a facility where non-explosive raw material and packaging material are stored at a factory or satellite site. (installation de stockage de matières premières)transport unit means a vehicle or container in which explosives or raw material are conveyed from one place to another at a factory or satellite site without using a public road. It includes a tow motor, forklift, wagon, handcart and basket, but does not include a conveyor or pipeline. (unité de transport)SOR/2022-121, s. 4
Definitions — peopleThe following definitions relating to people at factories, satellite sites or client sites apply in this Division.competent person means a person who has been certified as trained in accordance with section 83.  (personne compétente)worker means a person who is at a factory or satellite site to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 1 factory licence.  (travailleur)
Authorized Activities
Manufacture of explosivesA holder of a division 1 factory licence may manufacture explosives if the holder complies with this section.Type of explosiveEach explosive to be manufactured must be specified in the division 1 factory licence or a satellite site certificate.Place of manufactureExplosives must be manufactured at one of the following locations:the factory specified in the division 1 factory licence;a satellite site specified in a satellite site certificate; ora client site specified in the licence or a certificate.Manufacturing operations and workA manufacturing operation may be carried out in a process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate.SOR/2022-121, s. 4
Acquisition, storage and sale of explosivesA holder of a division 1 factory licence may acquire and store explosives and may sell explosives without a vendor magazine licence.Compliance with Parts 10 to 18A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site.SOR/2022-121, s. 4
Application
InformationAn applicant for a division 1 factory licence or a satellite site 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 state whether a licence or a certificate is requested and must include the following information:the name, address, telephone number and email address of both the applicant and a contact person;each type of explosive to be manufactured;if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end;the address of the factory or satellite site; andthe name, address, telephone number and email address of a contact person at the factory or satellite site.Plans and sketchesThe application must include the following documents:a factory site and area plan or a satellite site and area plan that showsthe topography of the site,the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility,the location of any other building or structure, andthe distance in metres between each process unit, factory magazine, raw material storage facility, building and structure;the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site,each vulnerable place within that area, andthe distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility;layout sketches, diagrams or drawings that showthe workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility,the equipment to be used in each process unit, including piping and instrumentation diagrams and equipment layout drawings, andthe manufacturing operations to be carried out, including process flow sheets or process schematic drawings.Site descriptionThe application must include the following information about the factory or satellite site:its geographical coordinates;the size of, and construction materials used for, each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning;a description of all site and building security features (for example, fencing, barriers and warning signs);a description of the principal manufacturing equipment to be used and its safety features;a description of each mobile process unit to be used;a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; anda description of any safety features at the site to be put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout panels, means of blast containment, barriers, alarms or pressure relief and control systems).Client siteIf the manufacture of explosives is to be carried out at a client site, the application must include the following information:the name, address, telephone number and email address of a contact person at the client site;a description of the client site;the distance in kilometres between the factory and the client site; andthe distance in kilometres between any satellite site and the client site.Explosives descriptionThe application must include a description that sets out,for each explosive to be manufactured at the factory, a satellite site or a client site,its product name and its UN proper shipping name,the date on which the explosive was authorized or its authorization file number,its UN number, andits hazard category; andfor each explosive to be stored at the factory or a satellite site,its UN proper shipping name,its UN number, andits hazard category.Manufacturing operations descriptionThe application must include the following information about manufacturing operations:a description of the operations to be carried out in each process unit and factory magazine;a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure;the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive;the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time;the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; andthe minimum distance in metres that must be maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.Security planIf type E, I or D explosives are to be manufactured or stored, the application must include a security plan that includes the following information:an assessment of the security risks resulting from the presence of the explosives at the factory, satellite site or client site;a description of the measures that will be taken to minimize those risks;a description of the procedures that will be followed to respond to security incidents; anda description of the procedures that will be followed to report security incidents.List of documentsThe application must include a list of the following documents, along with the dates on which they were made and the dates of any amendments:any environmental assessment of the factory, satellite site or client site or of the operations to be carried out there;the documents that set out the rules, procedures and protocols designed to ensure compliance with the Explosives Act, these Regulations and the licence, includingoperating procedures,maintenance procedures,training manuals,emergency response plans, andspill contingency plans;if manufacturing operations are to be carried out in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry;if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; andif explosives are to be destroyed, a document that sets out the method of destruction to be used.IdentifierEvery process unit, factory magazine, raw material storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application.Scale drawingEvery drawing, sketch or plan must be drawn to scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend.SOR/2016-75, ss. 39, 40; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 19
FeesAn applicant for a division 1 factory licence or a satellite site certificate must pay the applicable fees set out in Part 19.
Requirements for Holders of Division 1 Factory LicencesFacilities at Factories and Satellite Sites
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the requirements relating to process units, factory magazines, raw material storage facilities and transport units set out in sections 63 to 68 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
Acceptable distance requirementEvery process unit, factory magazine and raw material storage facility must be located at an acceptable distance from surrounding structures and infrastructure and from places where people are likely to be present.Criteria — acceptable distanceAcceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.Structural requirementsEvery process unit, factory magazine and transport unit must be designed, constructed and installed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be compatible with the explosives to be manufactured, stored or transported and with the raw material to be used.Factory magazinesEvery factory magazine must also be constructed so that it is well ventilated and resistant to theft, weather and fire.Raw material storage facilitiesEvery raw material storage facility must be designed, constructed and installed to conform to good engineering practices. The construction materials must be compatible with the raw material to be stored in the facility.Means of escapeEvery process unit, factory magazine, raw material storage facility and transport unit must have a means of escape that will permit all people in the unit, magazine or facility to leave it quickly and easily in an emergency.Lighting, electrical fixtures and wiring systemsThe lighting, electrical fixtures and wiring systems that are used in a process unit, factory magazine, raw material storage facility or transport unit must not increase the likelihood of an accidental ignition.Electrostatic hazardPrecautions that eliminate any possibility of an accidental ignition of electrostatic sensitive material (for example, grounding and control of humidity) must be taken in every process unit, factory magazine, raw material storage facility and transport unit.Protection against lightning strikesEvery process unit or building in which a process unit is located must be protected from lightning strikes if it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm.SOR/2016-75, s. 38SOR/2022-121, s. 4
EquipmentAll tools, accessories and equipment that are in a process unit, factory magazine, raw material storage facility or transport unit must be designed, constructed and installed to conform to good engineering practices.CompatibilityEvery thing that is in a process unit, factory magazine, raw material storage facility or transport unit must be made from materials that are compatible with the explosives and raw material in the unit, magazine or facility.Incompatible thingsHowever, a thing that is not compatible with an explosive or raw material in a process unit, factory magazine or raw material storage facility but is required for manufacturing or maintenance (such as a cleaning fluid or solvent) may be brought into the unit, magazine or facility for immediate use. It must be removed as soon as the circumstances permit after its use unless the division 1 factory licence or satellite site certificate authorizes its storage in the unit, magazine or facility.Control of safety-critical parametersAll equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.Motorized transport unitsA motorized transport unit that contains explosives must be equipped with two easily accessible fire extinguishers, each with a rating of at least 4-A :40-B:C.Open-flame deviceAn open-flame device, an open-element electrical appliance or a device (for example, a heat sealer) with a surface temperature above the decomposition temperature of the explosives or raw material with which it may come in contact must not be stored in a process unit unless the division 1 factory licence or satellite site certificate authorizes one to be stored in the unit.SOR/2022-121, s. 4
ContainersAll raw material, explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.SpillsAny spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit so as to eliminate any possibility of an ignition.Foreign matterIf the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.Removal of explosives from process unitAll explosives and raw material must be removed from a process unit as soon as the circumstances permit after manufacturing operations are completed, unless the division 1 factory licence or satellite site certificate authorizes storage of the explosives or raw material in the unit.Removal of explosives from transport unitAll explosives and raw material must be removed from a transport unit as soon as the circumstances permit after their transport is completed. A transport unit that contains explosives must be attended in person. However, it may be left unattended during a thunderstorm.Destruction of waste and contaminated materialAll explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.DecontaminationAny building or equipment that is no longer being used to manufacture explosives must be decontaminated as soon as the circumstances permit. The building or equipment must be inspected by a supervisor to verify that it no longer contains any explosives.SOR/2022-121, s. 4
Process unit recordsA record must be made for each period during which a process unit operates. The record must be kept for two years after the date on which it is made and must include the following information:for each unit,the dates on which the period of its operation began and ended,a short description of the explosives, and the properties of the explosives, manufactured during the period,the quantity of explosives manufactured, andthe maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the worker who did the work; andfor any equipment in the unit whose malfunction could increase the likelihood of an ignition,the dates on which the period of its operation began and ended,the manufacturing operations for which the equipment was used, andthe maintenance of and repairs to the equipment, the dates on which the work was carried out and the name of the person who did the work.Decontamination recordsA record must be made for each decontamination of equipment that was used in a process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.SOR/2022-121, s. 4
ThunderstormsOn the approach of and during a thunderstorm, the following procedures must be followed:all manufacturing operations in a process unit that can be safely shut down must be shut down;all entrances to any factory magazine containing explosives must be closed;any transport unit containing explosives must be immediately moved to an isolated safe place; andall people at the factory or satellite site must be immediately moved to a safe place and, until the storm passes, must not be permitted to return.Process unitsHowever, any manufacturing operation in a process unit that could, if stopped, increase the likelihood of harm to people or property may be carried on during a thunderstorm until the operation can be safely shut down.SOR/2022-121, s. 4
MaintenanceEvery process unit, factory magazine and transport unit and all equipment that is used to manufacture explosives must be maintained in good operating condition.Servicing during useMinor servicing of a process unit, factory magazine or transport unit, or of equipment that is used to manufacture explosives, may be done while the unit, magazine or equipment is in use if the following requirements are met:the servicing is routine and is integral to the use of the unit, magazine or equipment; andthe servicing is done by a competent person.Work permitAll other maintenance or repair work that is done at the factory or a satellite site in or to a process unit, factory magazine, transport unit or equipment that is used to manufacture explosives must be done by a competent person who has been issued a work permit by the licence holder.Contents of work permitA work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition.DecontaminationIf any transport unit or equipment at the factory or a satellite site is contaminated, it must be decontaminated at the factory before it is taken outside the factory for maintenance, repair or disposal.Work done outside factory or satellite siteIf maintenance or repair work is done outside the factory or a satellite site on manufacturing equipment whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.Logbook and work permitsA logbook of all maintenance and repair work done in or to every process unit, factory magazine and transport unit, and to any manufacturing equipment whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for this maintenance and repair work must also be kept for two years after the date on which the work is completed.Progressive cavity pump logbookFor each progressive cavity pump, a separate logbook that sets out the operating history of the pump and the maintenance and repair work done to it must be kept at the factory for the life of the pump.SOR/2022-121, s. 4
Signs
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the signage requirements set out in sections 70 to 72 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
SignsA sign that warns against unauthorized entry must be posted at each entrance to a factory or satellite site in a clearly visible location. The sign must also warn of danger from explosives and indicate the precautions that must be taken to eliminate the possibility of an accidental ignition.SOR/2022-121, s. 4
Exterior signs — process units and factory magazinesOn the outside of each process unit and factory magazine, a sign that sets out either the number, letter or distinctive name specified in the division 1 factory licence or satellite site certificate for that unit or magazine or the activities for which the unit or magazine is used, must be posted at each entrance in a clearly visible location.Interior signs — process units and factory magazinesOn the inside of each process unit and factory magazine, a sign that sets out the following information must be posted at the main entrance in a clearly visible location:the quantity of each type of explosive and the quantity of raw material that are authorized to be in the unit or magazine at any one time;the number of people who are authorized to be in the unit or magazine at any one time; andany other conditions or restrictions specified in the licence or certificate that apply to the unit or magazine.SOR/2022-121, s. 4
Interior signs — raw material storage facilitiesOn the inside of each raw material storage facility, a sign that sets out the raw material, and the properties of the raw material, that is authorized to be stored in the facility, and the quantity of raw material that is authorized to be stored at any one time, must be posted at the main entrance in a clearly visible location. The sign must also indicate the precautions that must be taken to eliminate the possibility of an ignition of the raw materials.
Labelling
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the labelling requirements set out in section 74 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
Information on explosivesThe following information must be displayed on each explosive that is manufactured at the factory or satellite site:the name and address of the person who obtained the explosive’s authorization;either the date of its manufacture and the shift during which it was manufactured, if any, or its lot number;its product name; andinstructions, in both English and French, for its safe handling, storage, use and destruction.Manner of displaying informationThe information must belegibly printed on the explosive;legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraphs (a) and (b); orlegibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).Information on packagingThe following information must be legibly printed on the packaging, or on a label affixed to the packaging, of the explosive:the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, or other descriptive wording, as the case may be, on the outer packaging and any inner packaging;the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;in the case of a type F explosive, whether it is type F.1, F.2, F.3, F.4 or F.5, on the outer packaging; andin the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.Information on industrial explosivesThe manufacturer’s division 1 factory licence number must be printed in a legible and permanent manner on the outer packaging or container of every industrial explosive.ExceptionSubsection (4) does not apply tothe 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;containers holding industrial explosives in bulk;intermediate bulk containers holding industrial explosives in bulk; orplastic bags that meet the requirements of UN packaging code 5H1, 5H2, 5H3 or 5H4.SOR/2016-75, ss. 10, 39; SOR/2018-231, ss. 43, 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 20
Safety of Workers and Visitors
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the worker and visitor safety requirements set out in sections 76 to 79 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
AccessOnly people authorized by the holder of a division 1 factory licence may have access to the factory or a satellite site.Orientation sessionsA visitor may be authorized to enter the factory or a satellite site only if they have attended an orientation session on visitor safety within the 12 months before the date on which they enter. If any of the safety procedures have changed since their last orientation session, they must attend a new session before their entry is authorized.Visitors — general publicA visitor may be authorized to enter any part of the factory or a satellite site if they are at least 17 years old and remain under the supervision of a competent person.
Lists of personal protective equipmentUp-to-date lists of the personal protective equipment, clothing and devices that are needed to protect workers and visitors from the hazards to which they could be exposed while at the factory or a satellite site must be maintained and must be made available to all workers and visitors.Personal protective equipmentEvery worker and visitor must be required to wear the personal protective equipment, clothing and devices that are needed to protect them.Hair, clothing and accessoriesEvery worker and visitor must be required to confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.Electronic devicesEvery worker and visitor must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the factory or a satellite site where the device, if activated, could increase the likelihood of an ignition.
Performance-diminishing substanceA worker or visitor must not be authorized to enter the factory or a satellite site if there are reasonable grounds to believe that they are under the influence of or carrying alcohol or another performance-diminishing substance. However, a worker or visitor who has taken a prescription drug may be permitted to enter if they have medical proof that the drug is needed and that it will not impede their ability to carry out their functions or to visit safely.
No smokingSmoking must be prohibited at the factory and any satellite site.No fire-producing devicesFire-producing devices (for example, matches and lighters) must not be permitted in the factory or any satellite site unless they are authorized by the division 1 factory licence or satellite site certificate.
Training
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the training requirements for workers set out in sections 81 to 84 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
Employees’ qualificationsEvery employee at a factory or satellite site must be required to meet the following requirements:they must be a competent person; orthey must be at least 18 years old, participating in the training program referred to in section 82 and under the direct supervision of a competent person.SOR/2024-77, s. 21
Training programEvery employee must be trained to carry out their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person.Contents of trainingThe training must include all information necessary to ensure the security of the factory or satellite site and the safety of the employee, other people at the factory or site and the general public. It must also include a review of the Explosives Act, these Regulations and the division 1 factory licence or satellite site certificate.
CertificationA holder of a division 1 factory licence must certify as trained any employee who is at least 18 years old ifthe employee has completed the training referred to in section 82; orthe holder has reasonable grounds to believe that the employee understands the hazards to which they could be exposed at the factory or satellite site and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the site.Form and contentsEvidence of an employee’s certification may be either a training record or a document signed by the person who provided the training or, in the case provided for in paragraph (1)(b), by the holder of the division 1 factory licence. It must be given to the employee and record the employee’s name, the operating procedures the employee is competent to carry out and the date on which the certification will expire.ExpiryAn employee’s training certification must expire not more than five years after the date of the certification. If a change occurs in the operating procedures for which the employee was certified, the employee must be trained in the new operating procedures but the expiry date of the certification must remain the same.RecordsA training record and a record of work experience must be made and kept up to date for each employee at the factory or satellite site where they perform their duties. These records must be kept for two years after the date on which the employee’s certification expires.
Training and supervisionEvery worker at a factory or satellite site who is not an employee mustbe trained to carry out their work in a manner that is safe and lawful and ensures the security of the factory or satellite site; andremain under the supervision of a competent person while at the factory or satellite site, unless the holder of the division 1 factory licence has reasonable grounds to believe that the worker understands the hazards to which the worker could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.SOR/2018-231, s. 12
Operation of the Factory or Satellite Site
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the operational requirements set out in sections 86 to 91 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
Operating proceduresOperating procedures, including procedures to minimize the likelihood of an accidental ignition, must be put in place for every manufacturing operation.Update of proceduresThe operating procedures must be kept up to date and reviewed annually. If a manufacturing operation is to be changed, the procedures for carrying out that operation must be reviewed and modified as needed before the change is implemented.
Management of changeBefore any temporary or permanent technological or organizational change to manufacturing operations is implemented, an evaluation of the risk that the change could increase the likelihood of an ignition or a security incident must be carried out and a management of change procedure must be put in place for each change that could increase the likelihood of an ignition or a security incident.Approval of changeEach change must be approved by the holder of the division 1 factory licence before it is made.RecordA record of each change must be kept for two years after the date on which the change is made.
Security planIf a security plan was included in the application for a division 1 factory licence or a satellite site certificate, it must be implemented and a copy of the plan must be kept at the factory or satellite site.Change of circumstanceThe security plan must be updated to reflect any change in circumstances that could adversely affect the security of the factory or satellite site. A copy of the updated plan must be kept at the factory and satellite site and another copy must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.CopyA copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.
AuditsAll operating procedures must be routinely audited. Every audit must include the following verifications:whether facilities and equipment are being operated and maintained in a manner that ensures the security of the factory or satellite site and minimizes the likelihood of harm to people and property; andwhether these Regulations and the terms and conditions of the division 1 factory licence and any satellite site certificate are being complied with.CorrectionsAny deficiency found during an audit must be corrected as soon as the circumstances permit.RecordA record of each audit must be made and the record must include a copy of the action plan to correct any deficiencies found and set out the corrections made. It must be kept for two years after the date on which the audit is conducted.Audit procedureA procedure must be put in place to ensure that the audits are conducted in a complete and timely manner.
RecordsA record of each explosive in the factory or at a satellite site (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,the product name, UN number and a short description of the explosive;if the explosive was acquired, the quantity acquired and the date of acquisition;if the explosive was used to manufacture another explosive, the quantity used and the date of use;if the manufactured explosive referred to in paragraph (c) was used at the factory or a satellite site or client site, the quantity used and the date of use;if the explosive was manufactured at the factory or a satellite site, the quantity manufactured and the date of manufacture;if the explosive was stored, the quantity stored, the magazine in which it was stored and the dates on which it was placed in and removed from the magazine;if the explosive was shipped from the factory or a satellite site, the quantity shipped, the date of shipment and the name and address of the person to whom it was shipped; andif the explosive was destroyed at the factory, the quantity destroyed and the date of destruction.Inventory control systemsAny system used for inventory control or tracking of an explosive must not increase the likelihood of an ignition.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 22
Copy — licence and certificatesA copy of the division 1 factory licence and all documents referred to in the licence must be kept at the factory. A copy of the satellite site certificate and all documents referred to in the certificate must be kept at each satellite site.Copy — this DivisionA copy of this Division must be made available to workers at the factory and each satellite site.Copy — operating proceduresA copy of the operating procedures for each process unit, factory magazine and transport unit must be kept in the unit or magazine to which they relate and must be made available to the workers.
Mobile Process Units
Responsibilities of licence holderA holder of a division 1 factory licence must ensure that the mobile process unit requirements set out in sections 93 to 100 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.
Structural requirementsEvery mobile process unit must be designed and constructed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be compatible with the explosives to be manufactured and transported and with the raw material to be used.Means of escapeEvery mobile process unit must have a means of escape that will permit all people in the unit to leave it quickly and easily in an emergency.EquipmentAll tools, equipment, hoses and hydraulic systems in or on a mobile process unit must be designed, constructed and installed to conform to good engineering practices.CompatibilityEvery thing that is in or on a mobile process unit must be made from materials that are compatible with the explosives and raw material with which they could come into contact during manufacturing operations.Control of safety-critical parametersAll equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.SOR/2022-121, s. 4
Foreign matterIf the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.Loading and unloadingExplosives and raw material must not be loaded into or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown, unloading may be carried out at the location of the breakdown if the Minister is notified of the breakdown and determines that precautions that minimize the likelihood of ignition have been taken.Loaded units to be attendedA mobile process unit that contains explosives must be attended in person except when it is at the factory or a satellite site or when it is awaiting towing or repair and is secured in an access-controlled mine site or quarry.Storage — contaminated unitsA mobile process unit that has not been decontaminated must be kept at the location specified in the licence or certificate.Tanks and hoppersThe explosives and raw material in the tanks and hoppers on a mobile process unit must be unloaded if the unit will not be used for three consecutive days. However, the fuel oil tank and prill hopper do not have to be unloaded.SOR/2016-75, s. 38SOR/2022-121, s. 4SOR/2024-77, s. 23
Unit unusedA mobile process unit must be cleaned if it will not be used, or has not been used, for 30 consecutive days.Removal from serviceA mobile process unit must be decontaminated before it is removed from service.DecontaminationAll decontamination of a mobile process unit must be carried out at the factory specified in the division 1 factory licence. After decontamination, a unit must be inspected by a supervisor to verify that it no longer contains any explosives.Destruction of wasteAll explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.SOR/2022-121, s. 4
Operating proceduresOperating procedures, including procedures to minimize the likelihood of an ignition, must be put in place for every manufacturing operation to be carried out in a mobile process unit.CopyA copy of the operating procedures for each mobile process unit must be kept in the unit and must be made available to workers.
Process unit recordsA record must be made for each period during which a mobile process unit operates. The record must be kept for two years after the date on which it is made and must include the following information:the dates on which the period of its operation began and ended;a short description of the explosives manufactured;the quantity of explosives manufactured; andthe maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the person who did the work.Decontamination recordsA record must be made for each decontamination of equipment that is used in a mobile process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.SOR/2022-121, s. 4SOR/2024-77, s. 24
MaintenanceEvery mobile process unit must be maintained in good operating condition.Servicing during useMinor servicing of a mobile process unit may be done while it is in use if the following requirements are met:the servicing is routine and integral to the use of the unit; andthe servicing is done by a competent person.Work permitAll other maintenance or repair work, if it is done at the factory, must be carried out by a competent person who has been issued a work permit by the licence holder.Contents of work permitA work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition.DecontaminationA mobile process unit must be decontaminated at the factory before it is taken outside the factory for maintenance or repair.Work done outside factoryIf maintenance or repair work is done outside the factory on manufacturing equipment that is in or on a mobile process unit and whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.Repairs at site of breakdownIn the case of a mechanical breakdown of a vehicle used as a mobile process unit, repairs to the vehicle may be done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.Unloading and towingIf doing the repair work could increase the likelihood of ignition, the unit must be towed to the factory for repair.Maintenance record and work permitsA maintenance record of all maintenance and repair work done to a mobile process unit, or to any manufacturing equipment in or on the unit whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for the maintenance and repair work must also be kept for two years after the date on which the work is completed. The maintenance record and permits must be kept at the factory.Progressive cavity pump logbook and maintenance recordFor each progressive cavity pump, a separate logbook that sets out the operating history of the pump and a separate maintenance record that sets out the maintenance and repair work done to it must be kept at the factory for the life of the pump.SOR/2022-121, s. 4SOR/2024-77, s. 25
Use at client siteA mobile process unit may be used to manufacture explosives at a client site, but only if the unit and the site are both specified in the division 1 factory licence or satellite site certificate.Manufacturing operationsAll manufacturing operations at a client site must be carried out by a competent person.PrecautionsBefore manufacturing operations begin, every one at the client site must be informed of the precautions that must be taken while dewatering, driving over loaded boreholes, handling charging hose and carrying out charging operations.HazardsAny thing or activity that could increase the likelihood of an accidental ignition must not be allowed within 15 m of a mobile process unit and its charging hose.Performance-diminishing substanceA person must not be permitted to be within 15 m of a mobile process unit and its charging hose while the unit is operating if there are reasonable grounds to believe that the person is under the influence of or is carrying alcohol or another performance-diminishing substance. A person who has taken a prescription drug may be permitted to enter the area if they have medical proof that the drug is needed and will not impede their ability to function safely.No smokingA person must not be permitted to smoke within 15 m of a mobile process unit and its charging hose.ThunderstormsOn the approach of a thunderstorm, if a mobile process unit is at the surface at a client site, all manufacturing operations in the unit must be shut down and all people in the vicinity of the unit must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return to the vicinity of the unit.SOR/2022-121, s. 4
Packaging at satellite or client siteBlasting explosives in bulk that are manufactured in a mobile process unit may be packaged at a satellite or client site, but only if the explosiveshave been removed to prepare the unit for cleaning or decontamination;are to be used as samples for laboratory analysis;have been used to calibrate the process equipment;are to be used to charge boreholes that the unit cannot access during its operations at a client site; orare to be used to charge boreholes that present unforeseen conditions rendering their use unsafe if they are left unpackaged.PackagingThe packaging must prevent the explosives from leaking or spilling and minimize the likelihood of an accidental ignition.SOR/2022-121, s. 4
Requirements for Workers, Visitors and Other PeopleFactory and Satellite Site
Authorization to enterBefore entering a factory or satellite site, every worker who is not an employee and every visitor must obtain the authorization of the holder of the division 1 factory licence. A visitor must be at least 17 years old.VisitorsWhile at a factory or satellite site, a visitor must remain under the supervision of a competent person, unless the holder has reasonable grounds to believe that the visitor understands the hazards to which the visitor could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.Performance-diminishing substanceA worker or visitor who is under the influence of or is carrying alcohol or another performance-diminishing substance must not enter a factory or satellite site. However, a worker or visitor who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to carry out their functions or to visit safely.SOR/2018-231, s. 13
Personal protective equipmentEvery worker and visitor at a factory or satellite site must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.Hair, clothing and accessoriesEvery worker and visitor must confine or cover any loose hair and confine, cover or remove any loose clothing, jewelry or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.Electronic devicesEvery worker and visitor must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of a factory or satellite site where the device, if activated, could increase the likelihood of an ignition.
PrecautionsEvery worker and visitor at a factory or satellite site must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.No smokingWorkers and visitors must not smoke at a factory or satellite site.
Worker qualificationsA worker at a factory or satellite site may carry out a task only if theyhave been trained in that task and understand the hazards to which they could be exposed; orare at least 18 years old, participating in a training program and under the direct supervision of a competent person.SOR/2024-77, s. 26
Client Sites
Performance-diminishing substanceA person at a client site must not be within 15 m of an operating mobile process unit and its charging hose if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter the area if they have medical proof that they need the drug and that it will not impede their ability to function safely.HazardsA person at a client site must not be in possession of any thing, or carry out any activity, within 15 m of a mobile process unit and its charging hose if the thing or activity could increase the likelihood of an accidental ignition.
Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing CertificateInterpretation
DefinitionsThe following definitions apply in this Division.competent person means a person described in subsection 122(2). (personne compétente)division 2 factory licence means a licence that is issued by the Minister under paragraph 7(1)(a) of the Explosives Act authorizing a manufacturing activity referred to in section 53 at a workplace. (licence de fabrique de la section 2)manufacturing certificate means a certificate that is issued by the Minister under paragraph 7(1)(c) of the Explosives Act and authorizes an activity referred to in section 107 at a workplace. (certificat de fabrication)worker means a person who is at a workplace to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 2 factory licence. (travailleur)workplace means a building, room or area where an activity involving the manufacture of explosives, including their storage, is carried out. (lieu de travail)SOR/2016-75, ss. 11, 38SOR/2022-121, s. 4
Authorized Activities
Authorized activitiesA holder of a division 2 factory licence or manufacturing certificate may carry out those of the following activities that are specified in the licence or certificate at a workplace specified in the licence or certificate:in the case of the owner of a surface mine or quarry, the blending of ammonium nitrate and fuel oil at a blast site at the mine or quarry;the manufacture of small arms cartridges for sale, and the storage of up to 225 kg of explosives contained in the cartridges and up to 75 kg of propellant powder in bulk to be used in manufacturing the cartridges;the manufacture of any explosives for the purpose of conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution or by a law enforcement or government agency and the storage of up to 5 kg of the manufactured explosives;the manufacture of any explosives for the purpose of conducting an experiment, test or analysis by a private or commercial laboratory and the storage of up to 5 kg of the manufactured explosives;the manufacture of consumer fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;the manufacture of display fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;the manufacture of F.5 novelty devices for personal use;the manufacture of rocket motors for personal use and the storage of up to 25 kg of manufactured rocket motors and propellant powder (combined quantity) to be used in manufacturing the motors;the manufacture and storage of black powder charges for ceremonial use;the preparation and storage of display fireworks at a location other than the site of the display;the mixing of non-explosive components for the purpose of manufacturing industrial explosives at the site where they will be used;the preparation and packaging of assortments of explosives for the purpose of sale by a person who does not hold a vendor magazine licence; orany other activity relating to the manufacture and storage of explosives (for example, assembling a net-throwing device for sale, re-packing deteriorated explosives or destroying explosives).Transportation of black powder chargesFor the purpose of transporting black powder charges manufactured under paragraph (1)(h), the charges are classified as UN 0027.SOR/2018-231, s. 14SOR/2022-121, s. 4SOR/2024-77, s. 27
AcquisitionA holder of a manufacturing certificate may acquire an explosive if it is specified in the certificate and will be used to manufacture another explosive whose manufacture is authorized by the certificate.StorageA holder of a division 2 factory licence or manufacturing certificate that authorizes the storage of an explosive must comply with the terms and conditions of the licence or certificate. The holder must also comply with the provisions that apply to storage in Parts 10 to 18. However, they are not required to comply with those provisions if the explosive is stored at the workplace.SaleA holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of an explosive for sale may sell that explosive. The holder must comply with the terms and conditions of the licence or certificate and with the provisions that apply to sale in Parts 10 to 18.UseA holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of fireworks must comply with the provisions that apply to the use of fireworks in Parts 16 to 18.SOR/2022-121, s. 4
Application
Application for licence or certificateAn applicant for a division 2 factory licence or a manufacturing 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 state whether the application is for a licence or a certificate and must include the following information:the name, address, telephone number and email address of both the applicant and a contact person;the type of explosive, and the quantity, to be manufactured or stored;if the application is for a certificate, the period for which the certificate is requested;a description of the workplace, all equipment in the workplace that is related to the manufacture of explosives and all protective barriers in the workplace;a description of all equipment in the workplace that is not related to the manufacture of explosives, but could increase the likelihood of an ignition; andthe number of people authorized in the workplace when explosives are present.Site planThe application must include a site plan that showsthe location of the workplace within any building or structure;the topography of any outdoor area included in the workplace;the location of the barriers and equipment described in paragraphs (1)(d) and (e); andthe distance in metres between the barriers and equipment described in paragraphs (1)(d) and (e).the location of the workplace within the locality;the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site;each vulnerable place within that area; andthe distance in metres between the workplace and each vulnerable place.FeesThe applicant for a division 2 factory licence or a manufacturing certificate must pay the applicable fees set out in Part 19.SOR/2022-121, s. 4SOR/2024-77, s. 28
Requirements for HoldersWorkplace
Responsibilities of holderA holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to the workplace set out in sections 111 to 115 are met in the workplace.
Means of escapeThe workplace must have a means of escape that will permit all people in the workplace to leave it quickly and easily in an emergency.Lighting, electrical and heating systemsThe lighting, electrical and heating systems that are used in the workplace must not increase the likelihood of an ignition.
CompatibilityEvery thing that is in a workplace must be made from materials that are compatible with the explosives and raw material in the workplace.Incompatible thingsHowever, a thing that is not compatible with an explosive or raw material in the workplace but is required for manufacturing may be brought to the workplace for immediate use. It must be removed as soon as the circumstances permit after its use, unless the division 2 factory licence or manufacturing certificate authorizes its storage in the workplace.Open-flame deviceAn open-flame device or open-element electrical appliance must not be stored in a part of the workplace where explosives are being manufactured.SOR/2022-121, s. 4
Activities prohibitedWhen explosives are being manufactured or stored at a workplace, no other activities may be carried out there.Competent personAll manufacturing operations at the workplace must be carried out by a competent person.Condition of workplaceThe workplace must be kept clean, dry and organized. Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit to eliminate any possibility of an ignition.Foreign matterIf the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing begins.ContainersAll raw material, explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.Disposal of waste and contaminated materialAll explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.Removal of explosivesUnless the division 2 factory licence or manufacturing certificate provides otherwise, explosives must be removed as soon as the circumstances permit after they are manufactured from the part of the workplace where they were manufactured to the part of the workplace where they will be stored.DecontaminationA workplace that is no longer being used to manufacture explosives must be decontaminated as soon as the circumstances permit. Contaminated equipment at the workplace must be decontaminated before it is removed.ThunderstormsOn the approach of a thunderstorm, all manufacturing operations in the workplace must be shut down and all people in the workplace must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return.SOR/2022-121, s. 4
MaintenanceMaintenance and repair work done at or to a workplace, or to equipment in it, must be carried out by a competent person.Hazardous workAny work that involves the use of a device that produces heat, flame or sparks or involves grinding or impact must be done in a manner that does not increase the likelihood of an ignition.
Warning signA sign that warns against unauthorized entry must be posted at each entrance to the workplace.
Labelling
Responsibilities of holderA holder of a division 2 factory licence or a manufacturing certificate must ensure that the labelling requirements set out in section 117 are met at the workplace.
Information displayed on explosivesThe following information must be legibly printed on each explosive that is manufactured in the workshop, or if that is not possible, on a label affixed to the explosive or, if even that is not possible, on the packaging containing the explosive or a label affixed to its packaging:the product name of the explosive and the name and address of the person who obtained its authorization;the date on which the explosive was manufactured and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured; andinstructions, in both English and French, for its safe handling, storage, use and destruction.Information on packagingThe following information must be legibly printed on the packaging containing the explosive or on a label affixed to its packaging:the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Reloaded Cartridges/Cartouches rechargées”, or other descriptive wording, as the case may be, on the outer packaging and any inner packaging;the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;in the case of a type F explosive, whether it is type F.1, F.2, F.3, F.4 or F.5, on the outer packaging; andin the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.SOR/2016-75, ss. 12, 39; SOR/2018-231, ss. 43, 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 29
Safety of People at the Workplace
Responsibilities of holderA holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to personal safety set out in sections 119 and 120 are met at the workplace.
SupervisionEvery person at a workplace, other than a worker, must be kept under the direct supervision of a competent person at all times.
Personal protective equipmentEvery person at a workplace must be required to wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.Hair, clothing and accessoriesEvery person at a workplace must be required to confine or cover any loose hair and to confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.Electronic devicesEvery person at a workplace must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.Performance-diminishing substanceA person must not be authorized to enter the workplace if there are reasonable grounds to believe that they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may be authorized to enter if they have medical proof that the drug is needed and that it will not impede their ability to function safely.No smokingSmoking must be prohibited in the workplace.No fire-producing devicesFire-producing devices (for example, matches and lighters) must not be permitted in the workplace unless they are authorized by the division 2 factory licence or manufacturing certificate.
Knowledge of the Workplace
Responsibilities of certificate holderA holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace.
QualificationsA person must not be permitted to manufacture explosives at a workplace unless they meet the following requirements:they are a competent person; orthey are at least 18 years old, participating in a training program and under the direct supervision of a competent person.Competent personA competent person is a person who meets the following requirements:they are at least 18 years old; andthe holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace.SOR/2022-121, s. 4SOR/2024-77, s. 30
RecordA training record and a record of work experience must be kept for each worker for two years after the date on which it is made.
KnowledgeA holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace:the provisions of the Explosives Act and these Regulations;the terms and conditions of the licence or certificate, including the maximum quantity of explosives and raw material and the maximum number of people authorized to be in the workplace at any one time;all safety rules respecting the manufacture of explosives at the workplace;the personal protective equipment that is needed to protect people from the hazards to which they could be exposed;all emergency plans for the workplace, including the evacuation plan;the hazards of, and safe handling practices for, the explosives and raw material at the workplace;the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility;the operation of the equipment at the workplace;the maintenance and repair of the equipment, including decontamination; andprocedures for inspecting the workplace or equipment after maintenance and repair work has been done.SOR/2022-121, s. 4
Management of the Workplace
Responsibilities of holderA holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace.
Operating proceduresOperating procedures must be put in place for each of the following:every activity specified in the division 2 factory licence or manufacturing certificate;the destruction of explosives, explosives waste and explosives-contaminated material;the management of spills and their clean-up;the response to emergency situations;the decontamination of the workplace and all tools and equipment.SOR/2022-121, s. 4
RecordsA record of each explosive in the workplace (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,the product name, UN number and a short description of the explosive;if the explosive was acquired, the quantity acquired and the date of acquisition;if the explosive was used to manufacture an explosive, the quantity used and the date of use;if the manufactured explosive referred to in paragraph (c) was used at the workplace, the quantity used and the date of use;if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture;if the explosive was stored, the quantity stored, the place in which it was stored and the dates on which it was placed in and removed from storage;if the explosive was shipped from the workplace, the quantity shipped, the date of shipment and the address of the person to whom it was shipped; andif the explosive was destroyed at the workplace, the quantity destroyed and the date of destruction.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 31
Copy — licence or certificateA copy of the division 2 factory licence or the manufacturing certificate and all documents that are referred to in the licence or certificate must be kept at the workplace.Copy — Division 2A copy of this Division must be made available to workers at the workplace.
Requirements for People at a Workplace
VisitorsBefore entering, a visitor to a workplace must obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times.Performance-diminishing substanceA person must not enter a workplace if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to function safely.
Personal protective equipmentEvery person at a workplace must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.Hair, clothing and accessoriesEvery person at a workplace must confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.Electronic devicesEvery person must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.
No smokingA person must not smoke at a workplace.
QualificationsA person must not manufacture explosives at a workplace unless they meet the following requirements:they are a competent person; orthey are at least 18 years old, participating in a training program and under the direct supervision of a competent person.Other tasksA person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.SOR/2022-121, s. 4SOR/2024-77, s. 32
Manufacturing that Does Not Require a Licence or Certificate
RestrictionA person who manufactures an explosive under the authority of this Division must comply with Parts 10 to 18.SOR/2022-121, s. 4
ExperimentsA school, college, university or other learning institution, or a law enforcement or government agency, that complies with subsection (2) may manufacture up to 50 g of explosives for the purposes of an experiment, demonstration, test or analysis.RequirementsThe institution or agency must ensure that the following requirements are met:the manufacturing must be carried out with the consent of the management of the institution or agency by one of its employees or by a person who is at all times under the direct supervision of an employee;the employee must know how to carry out the manufacturing in a manner that minimizes the likelihood of harm to people and property and be aware of the precautions that must be taken to minimize the likelihood of harm to people and property;every person who carries out the manufacturing must be at least 18 years old;precautions that will eliminate any possibility of an accidental ignition must be taken;explosives must not be removed from the location where they are manufactured except for the purpose of destroying them; andall explosives must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.SOR/2022-121, s. 4
Assembling explosives for useA person who complies with subsection (2) may assemble explosives by combining explosive articles (for example, a detonator with a booster, a detonating cord with an explosive cartridge or fireworks with fireworks accessories) at the place where the explosives will be used.RequirementsThe person who carries out the activity must ensure that the following requirements are met:the explosive articles must be on the list of authorized explosives referred to in subsection 41(1);the explosive articles must not be altered, except that cartridges may be cut or slit and detonating cord and fuses may be cut or trimmed; andprecautions that minimize the likelihood of an accidental ignition must be taken.SOR/2022-121, s. 4
Christmas crackersA person who complies with subsection (2) may assemble Christmas crackers.RequirementsThe person who carries out the activity must ensure that the following requirements are met:the snap to be used in the cracker must be on the list of authorized explosives referred to in subsection 41(1);the amount of explosive in each cracker must be less than 2 mg; andprecautions that minimize the likelihood of an accidental ignition must be taken.SOR/2018-231, s. 15SOR/2022-121, s. 4
Underground activitiesA person who complies with subsection (2) may carry out any of the following activities underground at an underground mine or underground construction project:pneumatically transferring explosives;pumping, thickening or gassing either emulsion explosives or water gel explosives while charging boreholes; orblending emulsion explosives or water gel explosives with ammonium nitrate or ammonium nitrate/fuel oil mixtures while charging boreholes.RequirementsThe person who carries out the activity must ensure that the following requirements are met:the explosives must be on the list of authorized explosives referred to in subsection 41(1);the equipment used to pump, thicken, gas or blend emulsion explosives or water gel explosives must be designed to minimize the likelihood of an ignition, including an ignition resulting from pumping against a blocked outlet or from running the pump without any feed;all progressive cavity pumps must be equipped with at least two independent safety shutdown systems to prevent an excessive rise in temperature;if the person is assisted by another person, the other person must be trained to operate the equipment;a preventive maintenance procedure must be put in place for the equipment, including the pumps;maintenance must be performed by workers who are knowledgeable about the equipment to be maintained; andprecautions that minimize the likelihood of an ignition must be taken.SOR/2022-121, s. 4
Pneumatic transfer of explosivesA person who complies with subsection (2) may pneumatically transfer explosives at a surface mine or a quarry.RequirementsThe person who carries out the activity must ensure that the following requirements are met:the explosives must be on the list of authorized explosives referred to in subsection 41(1);the device used for pneumatic charging must have a maximum capacity of 100 kg and the explosives used in the pneumatic charging must be in bags, each with a maximum capacity of 30 kg; andprecautions that minimize the likelihood of an ignition must be taken.SOR/2022-121, s. 4
Multi-ingredient kitsA person may mix together the ingredients of a multi-ingredient kit if they comply with subsection (2) and if the kit is not a reactive target.RequirementsThe person who carries out the activity must ensure that the following requirements are met:the kit must be on the list of authorized explosives referred to in subsection 41(1);the mixing must be carried out at the place where the explosive to be manufactured will be used;precautions that minimize the likelihood of an ignition must be taken;if the explosive to be manufactured is classified as type F.3, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician; andif the explosive to be manufactured is a special purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician or a Firearms Possession and Acquisition Licence issued under the Firearms Act.SOR/2022-121, s. 4SOR/2024-77, s. 33SOR/2024-77, s. 145
Reactive targetsA person may mix together the ingredients of a reactive target kit if they comply with subsection (2).RequirementsThe person who carries out the activity must ensure that the following requirements are met:the reactive target kit must be on the list of authorized explosives referred to in subsection 41(1);the mixing must be carried out at the place where the explosive to be manufactured will be used;precautions that minimize the likelihood of an ignition must be taken;the person mixing the ingredients must hold a Firearms Possession and Acquisition Licence issued under the Firearms Act;the instructions displayed on the packaging for mixing the ingredients must be followed and if there are no such instructions, the ingredients in the reactive target kit must not be mixed or used;foreign matter must not be added to the reactive target kit when mixing the ingredients or before use;only one reactive target kit must be mixed at a time;a reactive target kit may not be combined with other reactive target kits or foreign matter; andonce mixed, a reactive target kit must not be stored or transported.SOR/2024-77, s. 34
Spills or accidentsA person who complies with subsection (2) may remove explosives from, or repackage explosives at, the site of an accident or spill.RequirementsThe person who carries out the activity must ensure that the following requirements are met:precautions that minimize the likelihood of an ignition must be taken;any packaging used must prevent the explosives involved from leaking or spilling and minimize the likelihood of an accidental ignition; andthe Chief Inspector of Explosives must be notified of the accident or spill within 12 hours after the removal or repackaging begins.SOR/2022-121, s. 4
Emergency response assistance planA person may pump explosives numbered UN 0332, as classified by the Chief Inspector of Explosives under the Explosives Act, and explosives numbered UN 3375 in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992 if they comply with subsection (2).RequirementsThe person who carries out the activity must ensure that the following requirements are met:written permission must be obtained from a holder of a division 1 factory licence that authorizes the manufacture of blasting explosives in bulk to store the pumped explosives at the holder’s factory and to decontaminate the pumping equipment there;a pump that is safe for pumping the explosives must be used;the explosives and contaminated equipment must be stored at the factory; anda copy of the follow-up report that is required under Part 8 of the Transportation of Dangerous Goods Regulations must be submitted to the Chief Inspector of Explosives within 30 days after the date on which the explosives are pumped.SOR/2022-121, s. 4SOR/2024-77, s. 35
Industrial explosivesA person who complies with subsection (2) may destroy deteriorated, expired or misfired industrial explosives by placing them in a borehole with other explosives and igniting the other explosives.RequirementsThe person who carries out the activity must ensure that the following requirements are met:the explosives to be destroyed and the other explosives must have similar properties (for example, similar density and propensity to detonate); andthe presence of the other explosives at the time of the ignition must not increase the likelihood of harm to people or property.SOR/2022-121, s. 4SOR/2024-77, s. 36(F)
DestructionA government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an explosive if it does so in the course of its duties.SOR/2022-121, s. 4
Magazine Licences and Storage in a Licensed Magazine
OverviewThis Part sets out how to obtain a vendor magazine licence, a user magazine licence or a user magazine zone licence. It also sets out the rules applicable to holders of these licences.
DefinitionsThe following definitions apply in this Part.distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. (établissement de distribution)magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. (site de poudrière)retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. (établissement de vente au détail)user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. (licence de poudriére (utilisateur))user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. (licence de poudrière (utilisateur-zone))vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. (licence de poudrière (vendeur))SOR/2016-75, s. 13
Application
Application for magazine licenceAn applicant for a magazine licence 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 a vendor magazine licence, a user magazine licence or a user magazine zone licence is requested and must include the following information:the name, address, telephone number and email address of both the applicant and a contact person;the address and geographical coordinates of the magazine site;the number of magazines for which the licence is requested;the quantity of each type of explosive to be stored in each magazine;if the application is for a vendor magazine licence, an indication of whether the site will be a retail establishment or a distribution establishment; andif the site will be a distribution establishment, an indication of whether explosives will be repackaged there.Site planThe application must include the following documents:a plan of the magazine site that showsthe location of each magazine and each vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, andthe distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; andif one or more magazines occupies only a part of a building or structure, a drawing that shows the location of each magazine in the building or structure and the location of each entrance to and exit from the room or area in which each magazine is located and to which the public has access.Site descriptionThe application must include the following information about the site:a description of the proposed use of the site and the proposed use of each building and structure at the site;the distance in metres between each magazine and any potential source of ignition at the site;the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;the minimum distance in metres that must be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time;a description of the safety and security features of the site (for example, signs, alarm systems, barriers, fencing and berms); andfor each magazine at the site,the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources,the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time or, if the magazine does not correspond to any of those types, its specifications, including its construction materials and its safety and security features, andits internal dimensions (length, width and height) in metres to the nearest 0.1 m.Fire safety planThe application must include a fire safety plan that sets outthe measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire;the emergency procedures to be followed in case of a fire, includingactivation of the alarms,notification of the fire department, andevacuation procedures, including evacuation routes and safe assembly places;the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought; andthe measures to be taken to train employees in the measures, procedures and circumstances described in the plan.Site security planIf type E, I or D explosives are to be stored at the site, the application must include a security plan that includesan assessment of the security risks resulting from the presence of explosives at the site;a description of the measures to be taken to minimize those risks;a description of the procedures to be followed in response to security incidents; anda description of the procedures to be followed to report security incidents.Marine flare destruction planIf the site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, the application must include a plan for destroying expired marine flares that are returned to the site. The plan must set out where and how the marine flares will be stored and destroyed.IdentifierEvery magazine and vulnerable place that is shown on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description. The identifier of the magazine must be posted on the exterior of the magazine.Scale drawingEvery drawing or plan must be drawn to scale or be a reasonable approximation of actual distances and dimensions and must include a legend.Initial siteIf the application is for a user magazine zone licence, the requirements of subsections (1) to (8) apply to the initial magazine site.FeesAn applicant for a magazine licence must pay the applicable fees set out in Part 19.SOR/2016-75, ss. 40, 41SOR/2022-121, s. 4SOR/2024-77, s. 37
Requirements for Holders of Magazine Licences
Responsibilities of licence holderA holder of a magazine licence must ensure that the requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.
Acceptable distance requirementEvery magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present.Criteria — acceptable distanceIn the case of a vendor magazine licence and a user magazine licence, acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of explosives to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.Criterion — user magazine zone licenceIn the case of a user magazine zone licence, acceptable distance is the minimum distance in metres to be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.SOR/2016-75, ss. 38, 40SOR/2022-121, s. 4
Structural requirementsEvery magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise.SOR/2022-121, s. 4
Authorized storageAn explosive may be stored in a magazine only if the licence authorizes the storage of that explosive in that magazine.Other materials and equipmentMaterials and equipment may be brought into or stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition.SOR/2022-121, s. 4
StackingPackages and containers of explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.Prohibited use of packagesPackages and containers of explosives must not be used as supports for conveyors or ramps.Air circulationThere must be enough space between the stacks of explosives, the walls, the ceiling and the ventilation openings to permit air circulation.Opening packagesPackages or containers that are made from wood or have metal fasteners or strapping must not be opened in a magazine. Other packages or containers may be opened in a magazine for inspection or to remove explosives or to add an explosive of the same product name, but not more than two packages or containers may be opened at a time.Opened packagesAny package or container of explosives that has been opened outside a magazine must be dry, clean and free of grit and other contamination before it is taken into the magazine.SOR/2022-121, s. 4SOR/2024-77, s. 38
Fire preventionPrecautions must be taken that minimize the likelihood of fire in or near a magazine.No smokingSmoking must be prohibited in a magazine.ThunderstormsOn the approach of a thunderstorm, all people in a magazine must be immediately moved to a safe place and until the storm passes must not be permitted to return.
Prohibited activitiesThe following activities must not be carried out inside a magazine unless the magazine licence authorizes them to be carried out there:packing or repacking explosives;adding a detonator to, or inserting a detonator in, an explosive;assembling explosive components;uncoiling the leg wires of, or removing the shunt from, an electric detonator or an electric initiator;opening a package or container of explosives to expose an explosive substance; orstripping, cutting or slitting the wrapping of an explosive article to expose an explosive substance.SOR/2022-121, s. 4SOR/2024-77, s. 39(F)
Unlocked magazineA magazine must be attended in person when it is unlocked.Key control planA key control plan that includes the following requirements must be put in place for each magazine:every key to the magazine must be numbered;a person may have possession of a key to the magazine only if they are named in the plan;the number of people named in the plan must not exceed the number necessary for the operation of the magazine;each key must be kept in a locked and secure location when it is not in the possession of a person named in the plan; andin the case of an industrial explosive or a type D explosive, the lock on the magazine must be of a type for which keys can be obtained only from the lock’s manufacturer or a certified locksmith designated by the manufacturer.Change of circumstancesThe plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site.Lost or stolen keyIf a key is lost or stolen, the lock must be immediately replaced.SOR/2016-75, s. 14SOR/2022-121, s. 4
Fire safety planA copy of the fire safety plan included in the licence application must be sent to the local fire department and made available to employees.Change of circumstancesThe plan must be updated to reflect any change in circumstances that could adversely affect the safety of the site. A copy of the updated plan must be sent to the local fire department as soon as the circumstances permit.
Site security planIf a site security plan is included in the licence application, it must be implemented.Change of circumstancesThe plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site. A copy of the updated plan must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.Copy of planA copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.
Storage recordA record for each magazine must be kept for two years after the date on which it is made. The record must includeeach type of explosive that is stored;the quantity of each type of explosive that is stored; andthe dates on which each explosive was placed in and removed from the magazine.SOR/2022-121, s. 4
Maintenance of magazineA magazine must be kept clean, dry and organized. Any spill, leakage or other contamination must be cleaned up immediately.Combustible materialA magazine must be kept free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might spontaneously combust.Lighting, electrical fixtures and wiringThe lighting (including portable lighting), electrical fixtures and wiring systems that are used in a magazine must not increase the likelihood of an ignition. All portable lighting must be impact-resistant.
Repairs to magazineBefore any repair work that could increase the likelihood of an ignition begins in or on a magazine, the explosives in the magazine must be eitherput into another magazine; ortaken to a location where the presence of the explosives will not increase the likelihood of harm to people or property, the explosives are protected from weather and the repair work will not cause an ignition.Attendance of explosivesAny explosives that are not put into another magazine must be attended in person.Putting explosives backExplosives must not be returned to a magazine until the repairs to the magazine no longer increase the likelihood of an ignition.SOR/2016-75, s. 15SOR/2022-121, s. 4
Interior signA sign that indicates the type of explosives, and the maximum quantity of each type, that may be stored in the magazine, as specified in the licence, must be posted inside every magazine in a clearly visible location.SOR/2022-121, s. 4
Deteriorated explosivesThe explosives in a magazine must be checked regularly for signs of deterioration and to ensure that the manufacturer’s expiry date has not passed.MarkingEvery deteriorated, expired or misfired explosive must be clearly marked “Deteriorated/Détérioré” or “Expired/Périmé” or “Misfired/Raté”, as the case may be.Destruction of deteriorated, expired or misfired explosivesExplosives that have deteriorated, expired or misfired must be safely destroyed as soon as the circumstances permit. However, explosives that have deteriorated to the extent that they are unstable or in a very dangerous condition must be destroyed immediately in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.Authorization requiredSubsection (3) does not authorize a person to destroy deteriorated, expired or misfired explosives. The destruction must be authorized by these Regulations or otherwise under the Explosives Act.Storage until destruction — normal hazardA deteriorated, expired or misfired explosive may be stored in a magazine with other compatible explosives if the storage would not increase the likelihood of an ignition.Storage until destruction — more than normal hazardA deteriorated, expired or misfired explosive must be stored in a magazine that does not contain other explosives if storing it with other explosives could increase the likelihood of an ignition.SOR/2022-121, s. 4
Person in possession of keyA person who is in possession of a key that is subject to a key control plan referred to in subsection 153(2) must not duplicate the key. After using it, the person must return the key to a locked location to which access is controlled.
Requirements for Holders of User Magazine Zone Licences
Notice of change of siteWhen the storage of explosives that is authorized by a user magazine zone licence is moved to a new site, within 24 hours after the move the holder of the licence must complete, sign and send a notice of change of site, in the form provided by the Department of Natural Resources, to the Minister, to the police force in the locality of the previous site and to the police force in the locality of the new site. The notice must be dated and include the following information:the name, address, telephone and cellphone number and email address of both the licence holder and a contact person;the holder’s licence number and its expiry date;the name, telephone number and cellphone number of the person who is responsible for the new site;the date on which the storage of explosives began at the new site;the geographic coordinates of the previous and new sites;the directions by road to the new site;the safety and security features of the new site (for example, signs, alarm systems, barriers, fencing and berms); anda list of the magazines to be used at the new site that sets outin the case of a magazine that has been moved, its number, letter or distinctive name as shown on the previous site plan,its tag number, if any,the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time, andeach type of explosive, and the quantity of each type, to be stored.Site planThe notice must include a site plan that showsthe location of each magazine and each vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored;the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; andthe minimum distance in metres to be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances, as amended from time to time.SOR/2016-75, ss. 16, 41, 42(E), 43(F)SOR/2022-121, s. 4SOR/2024-77, s. 40
Copy of licence and noticeThe holder must ensure that a copy of the user magazine zone licence and of the notice are posted in each magazine.SOR/2016-75, s. 17(F)
Provisions of General Application
OverviewThis Part sets out certain terms and conditions that apply to holders of the documents (licences, permits and certificates) issued by the Minister under section 7 of the Explosives Act and the grounds upon which the Minister may refuse to issue them. It also sets out the procedures for changing or renewing those documents and provides for their suspension and cancellation.SOR/2016-75, s. 38SOR/2024-77, s. 41
Refusal to Issue
Refusal of MinisterThe Minister may, by written notice giving reasons, refuse to issue a licence, permit or certificate if the Minister has reasonable grounds to believe that issuing the licence, permit or certificate would constitute a risk to the safety or security of persons or property.Request for reviewAn 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.Decision — request for reviewAfter reviewing the request under subsection (2), the Minister mustissue the licence, permit or certificate, if the information on which the refusal was based is incorrect; orgive the applicant written notice of the refusal, and the reasons for the refusal, if the information on which the refusal was based is correct.SOR/2024-77, s. 41
Terms and Conditions
Authorized activitiesA 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.Responsibility of holderThe holder must ensure that their employees and other workers carry out the activities authorized by the document in the manner specified in it.SOR/2022-121, s. 4
Presentation of licence, permit or certificateA holder of a licence, permit or certificate must present their document for review at the request of a peace officer.
FireA holder of a licence, permit or certificate must immediately inform the local fire department of any fire that involves an explosive under their control.IncidentsA 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:the theft, attempted theft or loss of an explosive;a fire, spill or accidental explosion;an injury or death; orany accidental property damage.ReportThe 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.SOR/2022-121, s. 4
Destruction of explosivesA 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 requiredare destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction;are returned to the person from whom they were bought; orare delivered to a holder of a factory licence that authorizes storage of those explosives.SOR/2018-231, s. 16SOR/2022-121, s. 4
Decommissioning plan — factoryBefore decommissioning a factory, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister.Decommissioning plan — magazineBefore 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.Contents of planA 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.Additional safety measuresThe Minister may require the holder to implement additional safety measures that are necessary to minimize the likelihood of harm to people or property.Responsibility of holderThe 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.SOR/2016-75, ss. 38, 44(F)SOR/2022-121, s. 4
[Repealed, SOR/2024-77, s. 42]
Suspension of activityA 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.SOR/2016-75, s. 38
Amendment and Renewal
Amendment or renewal with amendmentAn 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:the name, address, telephone number and email address of both the applicant and a contact person;the number of the applicant’s licence, permit or certificate;the amendment requested; andall the information that differs from that provided in the previous application.Renewal without amendmentAn 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:the name, address, telephone number and email address of both the applicant and a contact person; andthe number of the applicant’s licence, permit or certificate.ExceptionDespite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109.FeesAn applicant must pay the applicable fees set out in Part 19.SOR/2024-77, s. 43
Suspension and Cancellation
SuspensionThe 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.CancellationThe Chief Inspector may cancel a licence, permit or certificate if the holderfails more than one time to comply with the Explosives Act, these Regulations or any term or condition of the document; orjeopardizes the safety of the public or the holder’s employees by failing to follow the practices of the explosives industry.ProcedureBefore 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.Review by MinisterThe 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.SOR/2016-75, s. 38SOR/2022-121, s. 4
Cancellation by MinisterThe 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.Request for reviewA 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.Decision — request for reviewAfter reviewing the request under subsection (2), the Minister mustreissue the licence, permit or certificate, if the information on which the cancellation was based is incorrect; orgive the holder written notice of the cancellation, and the reasons for the cancellation, if the information on which the cancellation was based is correct.SOR/2024-77, s. 44
Screening
OverviewThis 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.SOR/2013-211, s. 502SOR/2022-121, s. 4
DefinitionsThe following definitions apply in this Part.approval letter means an approval letter issued by the Minister under section 183. (lettre d’approbation)certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. (certificat)equivalent document means a security clearance, issued by a competent authority, that has not expired or been suspended or withdrawn, includinga permis général issued under Quebec’s An Act respecting explosives, as amended from time to time;a FAST card (free and secure trade card) issued by the Canada Border Services Agency;a NEXUS card issued by the Canada Border Services Agency;a Firearms Possession and Acquisition Licence issued under the Firearms Act;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; oran 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 refers tomilitary explosives or law enforcement explosives (type D);high explosives (type E); orinitiation systems (type I). (explosif à risque élevé)licence means a licence that authorizes the storage of a high hazard explosive. (licence)permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. (permis)AccessA 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.SOR/2013-211, s. 503; SOR/2016-75, s. 38; SOR/2018-231, s. 18SOR/2022-121, s. 4(F)SOR/2024-77, s. 45
Application for Licence, Permit or CertificateSOR/2013-211, s. 507
Approval letter or equivalent documentAn 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.List of employeesEvery 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.SOR/2013-211, s. 507(E); SOR/2016-75, ss. 19, 45(F)
Issuance of documentThe Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document.SOR/2013-211, ss. 507(E), 508(F); SOR/2016-75, ss. 20, 44(F); SOR/2018-231, s. 19
Approval LettersRequirements for Holders of a Licence, Permit or CertificateSOR/2013-211, s. 507
Approval letter requiredA 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,has access to a high hazard explosive;permits others to have access to a high hazard explosive; orcontrols, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive.Control over othersA 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.SOR/2013-211, s. 507; SOR/2016-75, s. 45(F)
Access preventedA 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 have access to a high hazard explosive that is being manufactured, stored, sold, imported, exported or transported by the holder.Exception — supervised personSubsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document.SOR/2013-211, s. 504SOR/2022-121, s. 4SOR/2024-77, s. 46
VisitorsA holder of a licence or certificate must ensure that a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document.SOR/2013-211, s. 505
Exception — peace officers, etc.Subsection 179(1) and section 180 do not apply in respect of the following people when they are acting in the course of their duties:a peace officer;an employee of the federal government; oran inspector appointed under the Explosives Act.
Application for Approval Letter
ApplicationA person may apply for an approval letter by completing, signing and sending to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:the applicant’s name, address, telephone number and email address;the applicant’s date of birth;if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number and email address and, if applicable, the name of the applicant’s supervisor; andif the applicant resides outside of Canada, a letter from the applicant’s employer in Canada confirming the work to be done and supporting the application.Criminal record checkThe application must include the original or a certified copy of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister, or if the applicant resides outside of Canada, a certified police certificate from their country of origin dated not more than one year before the date on which the application is received by the Minister or a valid Canadian work permit.Additional informationThe Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to issue the approval letter.SOR/2013-211, s. 507; SOR/2016-75, s. 38SOR/2024-77, s. 47
Issuance of letterIf 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.RefusalThe 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:the applicant is subject to a court order prohibiting them from possessing any explosives;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:an indictable offence under the Explosives Act,an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,an offence under any of the following provisions of the Criminal Code:section 80 (breach of duty),section 81 (using explosives),section 82 (possession of explosives without lawful excuse),subsection 235(1) (first and second degree murder),subsection 239(1) (attempted murder),subsection 431.2(2) (explosive or other lethal device),section 436.1 (possession of incendiary material), orthe 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:an indictable offence in the commission of which violence against another person was used, threatened or attempted, oran offence under section 264 of the Criminal Code (criminal harassment).Other grounds of refusalThe Minister must refuse to issue an approval letter and must give the applicant written notice giving reasons of the refusal ifthe applicant has made a false or misleading statement in the application; orthe 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.Request for reviewAn 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.Disposition on reviewAfter reviewing the new information or documents, the Minister mustissue the approval letter if the information on which the refusal was based is incorrect; orgive 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.Review not requestedIf 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.SOR/2013-211, s. 507; SOR/2016-75, ss. 38, 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 48
CancellationThe Minister may by written notice with reasons cancel the approval letter referred to in section 182 if one of the circumstances referred to in paragraph 183(2)(a) or (b) applies to the holder of the letter or on either grounds referred to in subsection 183(2.1).Additional informationThe Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to cancel the approval letter.SOR/2024-77, s. 49
Period of validityAn approval letter remains valid for five years after the date on which it is issued.
Copy of letterA person who has been issued an approval letter mayobtain a copy of the letter by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; orhave a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address.VerificationA holder of a licence, permit or certificate who wishes to verify that a director or employee of the holder, or a person seeking employment from the holder, has an approval letter 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:the name, address, telephone number and email address of both the holder and a contact person;the name and date of birth of the person whose approval letter is to be verified; andthat person’s written consent, witnessed and signed by a witness.SOR/2013-211, s. 507SOR/2024-77, s. 50
Transporting Explosives
OverviewThis Part sets out the requirements for transporting explosives, including in transit transportation and the loading and unloading of explosives, that must be met by shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply.SOR/2018-231, s. 20SOR/2022-121, s. 4SOR/2024-77, s. 51
DefinitionsThe following definitions apply in this Part.carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur)shipper means a person who arranges for a carrier, prepares the explosives for transport and delivers them to the carrier. (expéditeur)SOR/2022-121, s. 4
Explosive quantityA reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance), except in section 190 where it is a reference to its gross quantity (the mass of the explosive plus the mass of any packaging or container).SOR/2022-121, s. 4
Driver who is not a carrierA driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.
Exemption of Certain ExplosivesSOR/2018-231, s. 21
List of explosivesA carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transportno more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED;no more than 150 kg of an explosive with the numberUN 0161, POWDER, SMOKELESS,UN 0186, ROCKET MOTORS,UN 0191, SIGNAL DEVICES, HAND,UN 0197, SIGNALS, SMOKE,UN 0276, CARTRIDGES, POWER DEVICE,UN 0312, CARTRIDGES, SIGNAL,UN 0336, FIREWORKS,UN 0351, ARTICLES, EXPLOSIVE, N.O.S.,UN 0403, FLARES, AERIAL,UN 0431, ARTICLES, PYROTECHNIC,UN 0453, ROCKETS, LINE THROWING,UN 0499, PROPELLANT, SOLID,UN 0501, PROPELLANT, SOLID,UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS,UN 0505, SIGNALS, DISTRESS,UN 0509, POWDER, SMOKELESS; orany quantity of an explosive with the numberUN 0012, CARTRIDGES, SMALL ARMS,UN 0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK,UN 0044, PRIMERS, CAP,UN 0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER,UN 0105, FUSE, SAFETY,UN 0131, LIGHTERS, FUSE,UN 0173, RELEASE DEVICES, EXPLOSIVE,UN 0323, CARTRIDGES, POWER DEVICE;UN 0337, FIREWORKS,UN 0373, SIGNAL DEVICES, HAND,UN 0404, FLARES, AERIAL,UN 0405, CARTRIDGES, SIGNAL,UN 0432, ARTICLES, PYROTECHNIC,UN 0454, IGNITERS,UN 0506, SIGNALS, DISTRESS, orUN 0507, SIGNALS, SMOKE.RequirementsDespite subsection (1), the carrier and driver must ensure that the explosives are transported in packaging or a container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized.SOR/2016-75, s. 21; SOR/2018-231, s. 22SOR/2024-77, s. 52(E)
Transporting Explosives in a Vehicle
Vehicle requirementsA carrier of explosives by vehicle must ensure that the portion of the vehicle that contains the explosivesis either an intermodal container or is fully enclosed and fire resistant and is constructed of or is lined with a non-sparking material or does not increase the likelihood of an ignition; andis kept locked except when the explosives are being loaded or unloaded.Vehicle kept lockedThe driver of the vehicle must also ensure that the portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded.Towed vehicleA carrier of explosives must not transport explosives in a towed vehicle unlessthe explosives are in a semi-trailer attached to a truck tractor or in a fifth-wheel trailer;the explosives are in a trailer that is part of a road train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken;the Minister or a police officer directs that the vehicle be towed because of an emergency or a breakdown;it is for the purposes of returning the vehicle to the road and the following requirements are met:there is no evidence of theft, attempted theft or loss of an explosive,there is no evidence of a fire, spill or accidental explosion,there is no evidence of an injury or death,there is no evidence of accidental property or vehicle damage,there is no evidence of a release or anticipated release of explosives, andafter the vehicle has been towed to the road, the driver conducts an inspection to verify that the vehicle continues to meet the safety and roadworthiness requirements of this Part and to confirm that the explosives remain undamaged; orthe explosives are classified as UN 3375 and are in a road vehicle, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, and no more than two drawn road vehicles are used in a road train.ExceptionSubsection (3) does not apply tothe transportation of explosives at a mine site or quarry; orthe transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) and ensures that the quantity of fireworks transported in the towed vehicle does not exceed 750 kg and precautions have been taken to minimize the sway of both vehicles.Oversized loadIf an explosive article or equipment that is contaminated with an explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and, if feasible, covered.Application for permitA carrier who applies for a permit to use a flatbed to transport an explosive article or equipment that is contaminated with an explosive substance 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:the applicant’s name, address, telephone number and email address;the licence plate number and vehicle identification number of the flatbed;the number of the division 1 factory licence or magazine licence that authorizes the manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported;a description of the explosive article or contaminated equipment; anda description of the method to be used to cover the article or equipment and to secure it to the flatbed.ExceptionSubsections (1), (2) and (4) do not apply to jet perforating guns if they are transported in a motor vehicle or fifth-wheel trailer that is equipped with racks, carrying cases or devices that are designed and constructed to ensure that the jet perforating guns remain securely held in place during transport;are protected from damage during transport;do not extend beyond the body of the motor vehicle or the bed of the fifth-wheel trailer; andare transported in a manner that protects them from theft.Requirement — materialIf a part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport and if that part consists of a material that could increase the likelihood of an ignition if contact were to occur, the carrier must ensure that the part is covered with material that will prevent the contact from occurring.[Repealed, SOR/2024-77, s. 53]Fire extinguishersThe carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.[Repealed, SOR/2024-77, s. 53][Repealed, SOR/2024-77, s. 53][Repealed, SOR/2024-77, s. 53]Dangerous goods marksThe carrier and the driver must ensure that any dangerous goods marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway.SOR/2016-75, s. 38; SOR/2018-231, s. 23SOR/2022-121, s. 4SOR/2024-77, s. 53
DetonatorsWhen detonators are to be transported in a vehicle that contains other explosives, the shipper and the carrier must ensure that no more than 20 000 detonators will be transported with the other explosives. They must also ensure thatin the case of a vehicle that contains no more than 2 000 kg of explosives, the detonators are stowed apart from the other explosives so that an explosion of one or more detonators will not ignite any of the other explosives; andin the case of a vehicle that contains more than 2 000 kg of explosives, the detonators are stowed in a container in or compartment of the vehicle that is fully enclosed, cannot be accessed from the portion of the vehicle that contains the other explosives and will prevent the detonators from exploding during a fire for at least one hour.Damaged or deteriorated explosivesThe shipper and the carrier must not transport damaged or deteriorated explosives unless the Minister determines that the explosives must be transported to another location for the purpose of storing them, making them fit for use, remaking or repairing them or destroying them and that precautions that minimize the likelihood of an ignition have been taken.Items transported with explosivesThe shipper and the carrier must ensure that things other than explosives are not transported with explosives unlessin the case of a vehicle that contains no more than 2 000 kg of explosives, the things are stowed, or separated from, the explosives so as to minimize the likelihood of an ignition; andin the case of a vehicle that contains more than 2 000 kg of explosives, the vehicle has been authorized to transport the things by a permit issued by the Minister under paragraph 7(1)(b) of the Explosives Act and the permit is in the vehicle.Permit to transport non-explosive itemsA shipper or a carrier who applies for a permit to transport things other than explosives in a vehicle that will contain explosives 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:the applicant’s name, address, telephone number and email address;a list of the non-explosive items to be transported with the explosives in the vehicle; andthe precautions that will be taken to eliminate any possibility of an ignition.Limit for road trains on ice roadsIn the case of a road train travelling over ice roads, the carrier must ensure that no more than 20 000 kg of explosives are transported in any trailer forming part of the train.SOR/2016-75, s. 38SOR/2022-121, s. 4SOR/2024-77, s. 54
Sound mechanical conditionThe carrier must ensure that the following requirements are met:the vehicle to be used to transport explosives is in sound mechanical condition and capable of safely transporting explosives, meaning that any dangers including those related to gasoline engines, heaters and lights, refrigeration and climate control systems and hot components of the exhaust system have been addressed; andthe vehicle is fuelled, the oil level and tire pressure are checked and all required servicing of the vehicle is carried out before the loading of explosives begins.Combustible materialThe carrier and the driver must ensure that the portion of the vehicle containing explosives is free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might ignite spontaneously.InspectionThe driver must ensure that the vehicle, while transporting explosives, is inspected daily to verify that the following requirements are met:the fire extinguishers are filled and in good working order;the electric wiring is completely insulated and firmly secured;the fuel tank and fuel lines have no leaks;the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease;the brakes and steering apparatus are in good condition; andthe tires are not worn smooth or visibly defective.Correcting deficienciesThe driver must ensure that any deficiencies found on the vehicle during an inspection are corrected before it is used to transport explosives.SOR/2022-121, s. 4SOR/2024-77, s. 55
Loading and unloadingThe carrier must ensure that, while explosives are being loaded into or unloaded from a vehicle, precautions that minimize the possibility of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.PrecautionsThe carrier must ensure that precautions are taken that will prevent unauthorized people from having access to the explosives during loading or unloading and that will prevent any person in the immediate vicinity from doing anything that could increase the likelihood of an ignition.[Repealed, SOR/2024-77, s. 56]Engine turned off and brakes setDuring the loading or unloading of explosives, the driver must ensure that the engine is turned off and the brakes are set. However, the engine may be left running if it is needed to operate a power take-off or if cold and wind conditions could make restarting the engine difficult.No stoppingThe carrier must ensure that once the loading or unloading begins, it continues without stopping until it is completed.Throwing or dropping explosivesThe carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of explosives.Securing explosivesThe carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.SOR/2022-121, s. 4SOR/2024-77, s. 56
Confirmation — shipperBefore delivering the explosives to the carrier, the shipper must obtain confirmation from the intended recipient that the explosives will beused on the same day they are delivered and attended in person until they are used;stored in a factory magazine, licensed magazine, storage unit or dwelling in accordance with these Regulations; orshipped immediately to the next recipient.Confirmation — carrierA carrier must not load explosives into a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.SOR/2016-75, s. 22SOR/2022-121, s. 4
Age of driverA person who is less than 21 years old must not drive a vehicle that is transporting more than 2 000 kg of explosives.No smokingA person must not smoke while they are in a vehicle that contains explosives, or while they are attending one.Performance-diminishing substanceA person who is under the influence of alcohol or another performance-diminishing substance must not be in or attend a vehicle that contains explosives. However, a person who has taken a prescription drug may be in or attend a vehicle containing explosives if they have medical proof that they need the drug and that it will not impede their ability to function safely.Performance-diminishing substance — possessionA driver and any person assisting the driver must not carry alcohol or another performance-diminishing substance for their personal use while transporting explosives.No stopping en routeThe driver of a vehicle transporting explosives must not stop en route unnecessarily. If a stop is necessary, the driver must stop for no longer than required under the circumstances and must park the vehicle away from any place where there is an open flame, match or any other thing that could increase the likelihood of an ignition, and, in order to ensure that the risk of harm to people and property is as low as reasonably practicable, the driver must park the vehicle away from:any dwelling;any place where flammable substances, including but not limited to gasoline pumps, propane tanks or above-ground storage tanks for flammable liquid or flammable gas, are stored; andany area where people are likely to gather.ExceptionDespite subsection (5), a vehicle transporting no more than 25 kg of high explosives (type E) and no more than 100 detonators (type I), may be parked if the following requirements are met:no other item or substance that could increase the likelihood of an ignition is in the vehicle;the vehicle is parked in a place where there is no open flame, match or any other thing that could increase the likelihood of an ignition; andthe vehicle is parked at least 30 m from any dwelling, railway line or public highway and from any place where flammable substances, including gasoline pumps, propane tanks or above-ground storage tanks for a flammable liquid or flammable gas, are stored.RepairsIn the case of a mechanical breakdown of a vehicle transporting explosives, the driver must ensure that repairs to the vehicle are done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and that the work is done by a person who understands the hazards to which they could be exposed and who is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the vehicle.RouteThe driver of a vehicle transporting explosives must follow dangerous goods routes. If there are no dangerous goods routes, the driver must, if possible, avoid routes that pass through densely populated areas.Maintaining separationA driver of a vehicle transporting more than 2 000 kg of explosives must maintain a distance of at least 300 m between their vehicle and any other vehicle that is transporting more than 2 000 kg of explosives.[Repealed, SOR/2024-77, s. 57]SOR/2016-75, s. 38; SOR/2018-231, s. 24SOR/2022-121, s. 4SOR/2024-77, s. 57
Obtaining assistanceThe carrier must ensure that the driver of a vehicle transporting more than 2 000 kg of explosives is able to rely on assistance from one or more of the following people:an assistant who is accompanying the driver;a person who is in another vehicle that is not transporting explosives following the vehicle transporting explosives and with whom the driver is in constant communication;a person who is monitoring a two-way radio or equivalent communication system.SOR/2022-121, s. 4
Tracking and communication systemIf a vehicle — other than a vehicle in which a manufacturing operation may be carried out and that remains on a mine site or quarry while transporting explosives referred to in subsection (2) — is used to transport 1 000 or more detonators or at least 2 000 kg of explosives referred to in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system.Listed explosivesThe tracking and communication system is required if the vehicle is transporting explosives that are classified under the Transportation of Dangerous Goods Regulations as follows:Division 1.1, 1.2 or 1.3;Division 1.4 with one of the following UN numbers:UN 0104, CORD DETONATING, MILD EFFECT or FUSE DETONATING, MILD EFFECT,UN 0237, CHARGES, SHAPED, FLEXIBLE, LINEAR,UN 0255, DETONATORS, ELECTRIC,UN 0267, DETONATORS, NON-ELECTRIC,UN 0289, CORD, DETONATING,UN 0361, DETONATOR ASSEMBLIES, NON-ELECTRIC,UN 0365, DETONATORS FOR AMMUNITION,UN 0366, DETONATORS FOR AMMUNITION,UN 0440, CHARGES, SHAPED,UN 0441, CHARGES, SHAPED,UN 0445, CHARGES, EXPLOSIVE, COMMERCIAL,UN 0456, DETONATORS, ELECTRIC,UN 0500, DETONATOR ASSEMBLIES, NON-ELECTRIC;Division 1.5 or 1.6; orDivision 5.1, for explosives numbered UN 3375 AMMONIUM NITRATE EMULSION, GEL, OR SUSPENSION.Requirements for systemThe tracking and communication system must allow the person who is monitoring the system to locate the vehicle at all times and must allow the driver and the person to communicate with one another.Monitoring systemThe carrier must ensure that a person is monitoring the tracking and communication system at all times while the explosives are being transported and will notify the police in case of an emergency.SOR/2018-231, s. 25SOR/2022-121, s. 4SOR/2024-77, s. 58
Vehicle attendedThe carrier and the driver of a vehicle that contains explosives must ensure that it is attended in person when it is not at a factory or satellite site.ExceptionDespite subsection (1), up to 25 kg of high explosives (type E) and up to 100 detonators (type I) may be left unattended in a vehicle if the requirements set out in subsections 196(5) or (5.1) have been met and ifthe explosives have been removed from a factory magazine or licensed magazine for a specific purpose set out in their authorization;the explosives are stored in a storage unit that has been serviced at a factory or licensed magazine and is bolted or welded to the vehicle or, if the explosives are jet perforating guns, the guns are securely locked to the vehicle; anda device or system is in place to ensure that the vehicle is immobilized and that the driver is alerted by an alarm if an attempt is made to steal the explosives, tamper with the storage unit or tamper with or steal the vehicle.Leftover explosivesWhen the specific purpose for which the explosives were removed has been carried out or abandoned, the carrier and driver must ensure that any explosives remaining in the vehicle are stored in a factory or licensed magazine as soon as the circumstances permit.Electronic monitoringA vehicle containing explosives numbered UN 0332 or UN 3375 that are transported in bulk may be attended using electronic means if the following requirements are met:the vehicle, including the portion of the vehicle containing explosives, is locked;the vehicle, including the portion of the vehicle containing explosives, is parked in a secure location and is under video surveillance;the vehicle has a device or system to ensure that the vehicle is immobilized and that the driver and carrier are alerted by an alarm if an attempt is made to steal the explosives or tamper with or steal the vehicle; andin the case of an emergency, the driver or carrier contacts the appropriate authorities as soon as feasible.SOR/2022-121, s. 4SOR/2024-77, s. 59
[Repealed, SOR/2024-77, s. 60]
Accidents and incidentsThe driver of a vehicle that contains explosives must, as soon as the circumstances permit, notify the shipper and the carrier if the vehicle is delayed for any reason, including road conditions or mechanical issues; andnotify the police, the shipper and the carrier if the vehicle is involved in a road accident or incident that results inthe theft, attempted theft or loss of an explosive,a fire, release, anticipated release or accidental explosion,an injury or death, orany accidental property or vehicle damage.ReportIn the event of an accident or incident referred to in paragraph (1)(b), the carrier must, as soon as the circumstances permit,report the accident or incident to an inspector;ensure that any damaged explosives are transported to any location that the Minister designates;ensure that any undamaged explosives are transported to their destination or to a safe and secure location; andin the case of an accident or incident referred to in subparagraph (1)(b)(i), (ii) or (iii), provide the Chief Inspector of Explosives with a written report on the accident or incident that sets out its likely cause and the steps that the carrier will take to prevent a recurrence of an accident or incident of that nature.SOR/2016-75, s. 38; SOR/2018-231, s. 26SOR/2022-121, s. 4SOR/2024-77, s. 60
Transporting Explosives in a Means of Transport Other Than a Vehicle
Loading and unloadingThe carrier must ensure that, while explosives are being loaded into or unloaded from a means of transport other than a vehicle, precautions that minimize the likelihood of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.PrecautionsThe carrier must ensure that precautions that prevent unauthorized people from having access to the explosives during loading or unloading are taken, as well as precautions that prevent any person in the immediate vicinity from doing anything that might increase the likelihood of an ignition.Throwing or dropping explosivesThe carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of the explosives.Securing explosivesThe carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.SOR/2022-121, s. 4
Confirmation — shipperBefore delivering the explosives to the carrier, the shipper must obtain confirmation from the intended recipient of the explosives that the explosives will beused on the same day they are delivered and attended until they are used;stored in a factory magazine, licensed magazine, storage unit or dwelling in accordance with these Regulations; orshipped immediately to the next recipient.Confirmation — carrierA carrier must not load explosives into a means of transport other than a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.SOR/2022-121, s. 4
Transportation by vesselSubject to subsection (3), no person shall, at a wharf or port facility, load onto or unload from a vessel packaged goods that contain 25 kg or more of explosives unlessthe quantity of explosives does not exceed 20 000 kg and the explosives are loaded or unloaded by driving a single vehicle directly aboard a roll-on, roll-off cargo vessel immediately before departing, or driving it ashore immediately after arrival, on a last-on, first-off basis; ora quantified risk assessment that meets the requirements of subsection (5) has been conducted on the wharf or port facility where explosives of the types in question will be loaded or unloaded and an inspector has determined that the quantity of explosives to be loaded or unloaded does not exceed the maximum quantity permitted for each type of explosive and hazard category in the assessment report and the safety measures set out in the report are complied with.Additional safety measuresAn inspector who makes the determination referred to in paragraph (1)(b) must impose any additional safety measures that are necessary for the safe loading and unloading of the explosives.Maximum waiting timeIf explosives are loaded or unloaded under paragraph (1)(a), the maximum waiting time of the vehicle dockside is 30 minutes and during that time the vehicle must be parked as far as possible from all areas used by the general public or for the handling or storage of other cargo.ExceptionSubsections (1) and (3) do not apply to explosives included in Class 1.4S of the International Maritime Dangerous Goods Code, published by the International Maritime Organization.Quantified risk assessment — requirementsThe quantified risk assessment must meet the following requirements:its methodology must be approved by the Chief Inspector of Explosives;it must be conducted by a person who is qualified to carry out quantified risk assessments of activities involving explosives;it must establish safety measures, including quantity limits, for loading and unloading the types of explosives in question, taking into account the hazard categories of the explosives;the safety measures must ensure that the risk of harm to people and property resulting from loading or unloading the explosives does not increase the risk to people who are not involved in loading or unloading the explosives or the risk to property; andthe safety measures must be set out in a report that has been approved by an inspector.Approval of methodology — criteriaThe Chief Inspector of Explosives must approve the methodology to be used in a quantified risk assessment if he or she determines that the methodology is capable of accurately calculating the risks to people and property resulting from the loading and unloading of explosives at the wharf or port facility to be assessed, taking into accountthe types of explosives that will be loaded or unloaded and the quantity of each type;the hazard categories of the explosives;the structure of the vessel onto which the explosives will be loaded or from which they will be unloaded;the distance between the explosives and people likely to be in the vicinity;the characteristics, proximity and use of the surrounding structures and infrastructure; andthe activities that are likely to be carried out in the vicinity.Approval of report — criteriaAn inspector to whom a quantified risk assessment report has been submitted must approve the report if he or she determines that the safety measures in it meet the requirements referred to in paragraphs (5)(c) and (d).SOR/2018-231, s. 27SOR/2022-121, s. 4
Military Explosives and Law Enforcement Explosives
OverviewThis Part authorizes the acquisition, storage and sale of military explosives (type D) and law enforcement explosives (type D) and sets out the rules for sellers and users.
DefinitionsThe following definitions apply in this Part.law enforcement agency means a police force, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi)licence means a licence that authorizes the storage of the military explosives or law enforcement explosives to be sold or acquired. (licence)user means a person, or a law enforcement agency, that acquires military explosives or law enforcement explosives for use. (utilisateur)SOR/2016-75, s. 23
Rules for Sellers
Acquisition for saleA seller may acquire, store and sell military explosives or law enforcement explosives if they hold a licence. A seller who acquires military explosives or law enforcement explosives must comply with this Part.
StorageA seller must store their military explosives and law enforcement explosives in the magazine specified in their licence.No display for saleA seller must not display military explosives or law enforcement explosives for sale.
Sale — licensed buyerA seller may sell military explosives or law enforcement explosives only to a buyer who holds a licence.Maximum quantityA seller must not sell more military explosives or law enforcement explosives to a buyer than the buyer is authorized by their licence to store.Sale — certain entitiesDespite subsection (1), a seller may sell the following explosives to the following buyers even if the buyer is unlicensed:military explosives and law enforcement explosives to the Department of National Defence and to any armed forces cooperating with the Canadian Forces; andmilitary 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.
Record of saleA 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: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;in the case of a licensed buyer, the licence number and expiry date;the product name of each explosive sold and the name of the person who obtained its authorization;the quantity of explosives sold under each product name; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4
Rules for Users
Acquisition — licensed userA 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).Storage — licensed userA user must store their military explosives and law enforcement explosives in the magazine specified in their licence.
Acquisition — exceptionDespite 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).Storage — exceptionThe 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.SOR/2016-75, s. 24
Industrial Explosives
OverviewThis Part authorizes the acquisition, storage and sale of explosives that are used for industrial purposes and sets out the rules for sellers and users.
DefinitionsThe following definitions apply in this Part.industrial explosive means the following types of explosive:E.1 — blasting explosives;E.2 — perforating explosives;E.3 — special-application explosives;I — initiation systems; andP.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 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 means a certificate that authorizes the manufacture and storage of the type of industrial explosive to be acquired or manufactured. (certificat de fabrication)user means a person who acquires industrial explosives for use or conveyance. (utilisateur)SOR/2016-75, ss. 25, 38SOR/2022-121, s. 4
Rules for Sellers
Acquisition for saleA seller may acquire, store and sell industrial explosives if they hold a licence. A seller who acquires industrial explosives must comply with this Part.
StorageA seller must store their industrial explosives in the magazine specified in their licence.
No display for saleA seller must not display industrial explosives for sale.
Sale — authorized buyerA 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.Maximum quantityA 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.ExceptionSubsection (2) does not apply to explosives in bulk that are loaded into prepared boreholes.SOR/2024-77, s. 61
Information on packagingA seller must mark the number of the buyer’s licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manneron the outer packaging or container of the industrial explosives if the outer packaging or container is sealed; oron the inner packaging of each industrial explosive or on each reel of detonating cord if the outer packaging or container is not sealed.ExceptionSubsection (1) does not apply tothe 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;containers holding industrial explosives in bulk;intermediate bulk containers holding industrial explosives in bulk; orplastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.SOR/2018-231, s. 28SOR/2022-121, s. 4SOR/2024-77, s. 62
Record of saleA 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:the buyer’s name and address;the number of the buyer’s licence, certificate or authorization;the type, product name and dimensions of each explosive sold and name of the person who obtained its authorization;the quantity of explosives sold under each product name; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 63(F)
Reuse of packagingA seller must ensure that any packaging or container that has been used for industrial explosives is not reused unlessit is in good condition;except in the case of a container holding industrial explosives in bulk, it contains no explosive residue;it is reused for the same type of explosive that it previously contained; andall information on the packaging or container remains accurate.Packaging — nitroglycerine-based explosiveA 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.Packaging — in poor conditionA 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.ExceptionSubsection (3) does not apply to containers holding explosives in bulk.SOR/2022-121, s. 4SOR/2024-77, s. 64
Rules for Users
AcquisitionA 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.SOR/2024-77, s. 65
Information on packagingA 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 manneron the outer packaging or container of the explosives if the outer packaging or container is sealed; oron the inner packaging of each explosive or each reel of detonating cord if the outer packaging or container is not sealed.ExceptionsSubsection (1) does not apply tothe 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;containers holding explosives in bulk;intermediate bulk containers holding explosives in bulk; orplastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.SOR/2024-77, s. 65
Information on packaging — acquisitionA 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.Information on packaging — importationA user who imports industrial explosives must mark the number of their licence, manufacturing certificate or provincial or territorial authorization in a clear and permanent manneron the outer packaging or container of the explosives if the outer packaging or container is sealed; oron the inner packaging of each explosive or on each reel of detonating cord if the outer packaging or container is not sealed.ExceptionSubsections (1) and (2) do not apply tothe 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;containers holding industrial explosives in bulk;intermediate bulk containers holding industrial explosives in bulk; orplastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.SOR/2024-77, s. 65
StorageA user who holds a licence must store their industrial explosives in the magazine specified in their licence.Explosives to be attendedA 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.ExceptionSubsections (1) and (2) do not apply to industrial explosives that are stored on offshore platforms for use in offshore oil or gas wells.SOR/2022-121, s. 4
Reuse of packagingA user must ensure that any packaging or container that has been used for industrial explosives is not reused unlessit is in good condition;except in the case of a container holding industrial explosives in bulk, it contains no explosive residue;it is reused for the same type of explosive that it previously contained; andall information on the packaging or container remains accurate.Packaging — nitroglycerine-based explosiveA 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.Packaging not in good conditionA 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.Exception — subsections (1) and (2)Subsections (1) and (2) do not apply tothe 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;containers holding industrial explosives in bulk;intermediate bulk containers holding industrial explosives in bulk; orplastic bags that meet the requirements of UN packaging codes 5H1, 5H2, 5H3 or 5H4.Exception — subsection (3)Subsection (3) does not apply to intermediate bulk containers holding industrial explosives in bulk or containers holding industrial explosives in bulk.SOR/2024-77, s. 66
Blank Cartridges for ToolsSOR/2016-75, s. 26
OverviewThis Part authorizes the acquisition, storage and sale of blank cartridges for tools (type C.2). Division 1 sets out the rules for sellers, while Division 2 sets out the rules for users.SOR/2016-75, s. 37
DefinitionsThe following definitions apply in this Part.distributor means a person who sells blank cartridges for tools to other distributors or to retailers, whether or not they sell to users. (distributeur)licence means a licence that authorizes the storage of blank cartridges for tools. (licence)retailer means a person, other than a distributor, who sells blank cartridges for tools. (détaillant)seller means a distributor or a retailer. (vendeur)user means a person who acquires blank cartridges for tools for use. (utilisateur)StorageFor the purposes of this Part, blank cartridges for tools are stored in a sales establishment, including a dwelling, if they areinside the sales establishment, whether or not they are in a storage unit or displayed for sale;outside the sales establishment in a storage unit that is used in operating the establishment; orin a licensed magazine that is either inside or outside the establishment.SOR/2016-75, s. 37SOR/2022-121, s. 4
Rules for SellersAcquisition for Sale
Distributor and retailerA distributor or retailer may acquire, store and sell blank cartridges for tools. A distributor or retailer who acquires blank cartridges for tools must comply with this Division.SOR/2016-75, s. 37; SOR/2018-231, s. 29SOR/2024-77, s. 67
Storage
SellerA seller must store their blank cartridges for tools in a sales establishment and must ensure that the requirements of sections 229 to 231 are met.SOR/2016-75, s. 37SOR/2024-77, s. 68
No display for saleBlank cartridges for tools must not be displayed for sale in a dwelling.Display for saleBlank cartridges for tools that are displayed for sale in a sales establishment other than a dwelling must be kept behind a sales counter or locked up (for example, in a cabinet).AccessOnly people authorized by the retailer may have access to the area behind a sales counter.SOR/2016-75, s. 37
[Repealed, SOR/2018-231, s. 30]
Storage requirements — dwellingWhen blank cartridges for tools are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the retailer.Storage requirements — storage unitWhen blank cartridges for tools are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if propellant powder, percussion caps, small arms cartridges, unmixed reactive targets or black powder cartouches are stored with blank cartridges for tools in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 69]SOR/2016-75, ss. 37, 46(E)SOR/2022-121, s. 4SOR/2024-77, s. 69
Sale
[Repealed, SOR/2024-77, s. 70]
RetailerA retailer may sell blank cartridges for tools only to users.SOR/2016-75, s. 37
Rules for Users
AcquisitionA user may acquire and store blank cartridges for tools. A user who acquires or stores blank cartridges for tools must comply with this Division.SOR/2016-75, s. 37SOR/2024-77, s. 71
StorageA user must store their blank cartridges for tools in a dwelling or a storage unit and must ensure that the storage requirements of section 237 are met.SOR/2016-75, s. 37SOR/2022-121, s. 4SOR/2024-77, s. 71
[Repealed, SOR/2018-231, s. 31]
Storage requirements — dwellingWhen blank cartridges for tools are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen blank cartridges for tools are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if propellant powder, percussion caps, small arms cartridges, unmixed reactive targets or black powder cartouches are stored with blank cartridges for tools in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 72]SOR/2016-75, ss. 37, 46(E)SOR/2022-121, s. 4SOR/2024-77, s. 72
Special Purpose Explosives
OverviewThis Part authorizes the acquisition, storage and sale of special purpose explosives. Division 1 sets out the rules for sellers and users of low-hazard special purpose explosives (type S.1: for example, highway flares, personal distress flares, bird scaring cartridges and fire extinguisher cartridges). Division 2 sets out the rules for sellers and users of high-hazard special purpose explosives (type S.2: for example, reactive targets, explosive bolts and cable cutters). Division 3 deals with the destruction of expired marine flares (type S.1 or S.2).SOR/2016-75, s. 27
DefinitionsThe following definitions apply in this Part.distributor means a person who sells special purpose explosives to other distributors or to retailers, whether or not they sell to users. (distributeur)retailer means a person, other than a distributor, who sells special purpose explosives. (détaillant)seller means a distributor or a retailer. (vendeur)user means a person who acquires special purpose explosives for use. (utilisateur)StorageFor the purposes of this Part, special purpose explosives are stored in a sales establishment if the explosives areinside the sales establishment, whether in a storage unit or displayed for sale;outside the sales establishment in a storage unit that is used in operating the establishment; orin a licensed magazine that is either inside or outside the establishment.SOR/2022-121, s. 4
Explosive quantityA reference to the mass of a special purpose explosive in this Part is a reference to its gross mass (the mass of the explosives plus the mass of any packaging or container).
Low-hazard Special Purpose Explosives
Definition of licenceIn this Division, licence means a licence that authorizes the storage of low-hazard special purpose explosives.
Rules for SellersAcquisition for Sale
DistributorA distributor may acquire, store and sell low-hazard special purpose explosives if they hold a licence. A distributor who acquires low-hazard special purpose explosives must comply with this Division.RetailerA retailer may acquire, store and sell low-hazard special purpose explosives, whether or not they hold a licence. A retailer who acquires low-hazard special purpose explosives must comply with this Division.
Storage
Licensed sellerA seller who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.Unlicensed retailerA retailer who does not hold a licence must store their low-hazard special purpose explosives in a sales establishment other than a dwelling and ensure that the requirements of sections 244 to 246 are met.
Display for saleOnly highway flares, marine flares and personal distress flares may be displayed for sale.Maximum quantityNo more than 1 000 kg of flares may be displayed for sale at any one time.PrecautionsFlares that are displayed for sale must be kept behind a sales counter or locked up (for example, in a cabinet) unless the flares are in consumer packs.AccessOnly people authorized by the retailer may have access to the area behind a sales counter.LotsFlares that are displayed for sale must be separated into lots of 25 kg or less. Each lot must be separated from the other lots by a fire break. The lots must be kept away from flammable substances and sources of ignition.
Maximum quantityNo more than 1 000 kg of low-hazard special purpose explosives may be stored in a sales establishment at any one time, including those that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg may be stored in the establishment at any one time, including explosives that are displayed for sale.Place of storageLow-hazard special purpose explosives that are not displayed for sale must be stored in a storage unit.SOR/2022-121, s. 4
Storage requirements — storage unitWhen low-hazard special purpose explosives are stored in a storage unit,the storage unit must be located in a dry place, away from flammable substances and sources of ignition;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal);nothing other than special purpose explosives may be stored in the storage unit;the storage unit must be attended when it is unlocked;the storage unit must be kept clean, dry, organized and free of grit;any spill, leakage or other contamination in the storage unit must be cleaned up immediately;precautions that minimize the likelihood of fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4
Sale
No sale from dwellingA seller must not sell low-hazard special purpose explosives from a dwelling.
Maximum quantity — licensed buyerA seller must not sell more low-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more low-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.
RetailerA retailer may sell low-hazard special purpose explosives only to a user.
Record of saleA seller must keep a record of every sale of more than 100 kg of low-hazard special purpose explosives. The record must be kept for two years after the date of the sale and must include the following information:the buyer’s name and address;in the case of a licensed buyer, the licence number and expiry date;the product name of each explosive sold and the name of the person who obtained its authorization;the quantity of explosives sold under each product name; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4
Rules for Users
AcquisitionA user may acquire and store low-hazard special purpose explosives, whether or not they hold a licence. A user who acquires low-hazard special purpose explosives must comply with this Division.
Storage — licensed userA user who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.Storage — unlicensed userA user who does not hold a licence must store their low-hazard special purpose explosives in a dwelling or a storage unit and ensure that the requirements of sections 253 and 254 are met.SOR/2022-121, s. 4
Maximum quantityNo more than 1 000 kg of low-hazard special purpose explosives may be stored at any one time, of which no more than 40 kg may be stored in a dwelling.
Storage requirements — dwellingWhen low-hazard special purpose explosives are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen low-hazard special purpose explosives are stored in a storage unit,the storage unit must be located in a dry place, away from flammable substances and sources of ignition;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);nothing other than special purpose explosives may be stored in the storage unit;the storage unit must be attended when it is unlocked;the storage unit must be kept clean, dry, organized and free of grit;any spill, leakage or other contamination in the storage unit must be cleaned up immediately;precautions that minimize the likelihood of fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4
High-hazard Special Purpose Explosives
Definition of licenceIn this Division, licence means a licence that authorizes the storage of high-hazard special purpose explosives.
Rules for SellersAcquisition for Sale and Storage
Acquisition for saleA seller may acquire, store and sell high-hazard special purpose explosives if they hold a licence. A seller who acquires high-hazard special purpose explosives must comply with this Division.
StorageA seller must store their high-hazard special purpose explosives in the magazine specified in their licence.
Display for saleA seller must not display high-hazard special purpose explosives for sale.
Sale
Maximum quantity — licensed buyerA seller must not sell more high-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more high-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.
RetailerA retailer may sell high-hazard special purpose explosives only to a user.
Record of saleA seller must keep a record of every sale of high-hazard special purpose explosives for two years after the date of the sale. The record must include the following information:the buyer’s name and address;in the case of a licensed buyer, the licence number and expiry date;the product name of each explosive sold and the name of the person who obtained its authorization;the quantity of explosives sold under each product name;the date of the sale; andthe number of the buyer’s Firearms Possession and Acquisition Licence issued under the Firearms Act.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 73
Rules for Users
AcquisitionA user may acquire and store high-hazard special purpose explosives, whether or not they hold a licence. A user who acquires high-hazard special purpose explosives must comply with this Division.
Acquisition — reactive targetsA user who acquires a reactive target must hold a Firearms Possession and Acquisition Licence issued under the Firearms Act.SOR/2024-77, s. 74
Selling — reactive targetsA seller may sell reactive targets only to a user who holds a Firearms Possession and Acquisition Licence issued under the Firearms Act.SOR/2024-77, s. 74
Storage — licensed userA user who holds a licence must store their high-hazard special purpose explosives in the magazine specified in their licence.Storage — unlicensed userA user who does not hold a licence must store their high-hazard special purpose explosives in a storage unit and ensure that the requirements of sections 264 and 265 are met.SOR/2022-121, s. 4
Maximum quantityNo more than 20 kg of high-hazard special purpose explosives other than reactive targets may be stored at any one time.Reactive targetsNo more than 6 kg of reactive targets may be stored at any one time.SOR/2024-77, s. 75
Storage requirements — storage unitWhen high-hazard special purpose explosives are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if propellant powder, percussion caps, blank cartridges for tools, small arms cartridges, unmixed reactive targets or black powder cartouches are stored together in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);unless the special purpose explosives consist exclusively of unmixed reactive targets, nothing other than special purpose explosives may be stored in the storage unit;precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4SOR/2024-77, s. 76
Marine Flares
Disposal planA distributor who sells marine flares, whether low-hazard or high-hazard, must implement the marine flare disposal plan included in their licence application.Return of flaresA distributor must accept the return of any marine flares sold by them that have expired.DestructionThe distributor must store any expired marine flares that are returned to them in the magazine specified in their licence and destroy them in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.RecordIf any expired marine flares are returned during a calendar year, the distributor must keep for two years after the date of the return, a record that sets out the number of each type, whether type S.1 or S.2, that were returned and the number of each type that were destroyed.SOR/2024-77, s. 77
Small Arms Cartridges, Propellant Powder and Percussion Caps
OverviewThis Part authorizes the acquisition, storage and sale of small arms cartridges and the manufacture of small arms cartridges and black powder cartouches. Division 1 sets out the rules for sellers and users of commercially manufactured small arms cartridges (type C.1). It also sets out rules for storing small arms cartridges that are manufactured under Division 2. Division 2 sets out the rules for sellers and users of propellant powder (type P) and percussion caps and primers (type C.3) and for manufacturers of small arms cartridges and black powder cartouches.SOR/2022-121, s. 4SOR/2024-77, s. 78(E)
DefinitionsThe following definitions apply in this Part.black powder means an explosive classified as type P.1. (poudre noire)propellant powder means black powder and smokeless powder. (poudre propulsive)small arms cartridge means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge. (cartouche pour armes de petit calibre)smokeless powder means an explosive classified as type P.2. (poudre sans fumée)StorageFor the purposes of this Part, small arms cartridges, propellant powder and percussion caps are stored in a sales establishment, including a dwelling, if they areinside the sales establishment, whether or not they are in a storage unit or displayed for sale;outside the sales establishment in a storage unit that is used in operating the establishment; orin a licensed magazine that is either inside or outside the establishment.SOR/2022-121, s. 4
Quantity of cartridges, powder or cartouchesA reference in this Part to the mass of a small arms cartridge, propellant powder or a black powder cartouche is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).SOR/2022-121, s. 4
Small Arms Cartridges
DefinitionsThe following definitions apply in this Division.distributor means a person who sells small arms cartridges to other distributors or to retailers, whether or not they sell to users. (distributeur)licence means a licence that authorizes the storage of small arms cartridges. (licence)retailer means a person, other than a distributor, who sells small arms cartridges. (détaillant)seller means a distributor or a retailer. (vendeur)user means a person who acquires small arms cartridges for use. (utilisateur)SOR/2024-77, s. 145
Rules for SellersAcquisition for Sale
DistributorA distributor may acquire, store and sell small arms cartridges if they hold a licence. A distributor who acquires small arms cartridges must comply with this Division.RetailerA retailer may acquire, store and sell small arms cartridges, whether or not they hold a licence. A retailer who acquires small arms cartridges must comply with this Division.
Storage
Licensed sellerA seller who holds a licence must store their small arms cartridges in the magazine specified in their licence.Unlicensed retailerA retailer who does not hold a licence must store their small arms cartridges in a sales establishment and must ensure that the requirements of sections 273 to 275 are met.
AttendanceWhen a sales establishment is unlocked, small arms cartridges that are displayed for sale must be attended, kept behind a sales counter or locked up (for example, in a cabinet).AccessOnly people authorized by the retailer may have access to the area behind a sales counter.SOR/2022-121, s. 4
Maximum quantityNo more than 225 kg of small arms cartridges may be stored in a sales establishment at any one time, including cartridges that are displayed for sale.Place of storageSmall arms cartridges that are not displayed for sale must be stored in a dwelling or a storage unit.SOR/2022-121, s. 4SOR/2024-77, s. 145
Storage requirements — dwellingWhen small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the cartridges.Storage requirements — storage unitWhen small arms cartridges are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if propellant powder, percussion caps, blank cartridges for tools, unmixed reactive targets or black powder cartouches are stored with small arms cartridges in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 79][Repealed, SOR/2024-77, s. 79]SOR/2022-121, s. 4SOR/2024-77, s. 79
Sale
Maximum quantity — licensed buyerA seller must not sell more small arms cartridges to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more small arms cartridges to an unlicensed buyer than the buyer is authorized by this Division to store.
RetailerA retailer may sell small arms cartridges only to a user.
Rules for Users
AcquisitionA user may acquire and store small arms cartridges, whether or not they hold a licence. A user who acquires small arms cartridges must comply with this Division.
Storage — licensed userA user who holds a licence must store their small arms cartridges in the magazine specified in their licence.Storage — unlicensed userA user who does not hold a licence must store their small arms cartridges, including any small arms cartridges manufactured by the user under Division 2, in a dwelling or a storage unit and ensure that the requirements of sections 280 and 281 are met.SOR/2022-121, s. 4
Maximum quantityNo more than 225 kg of small arms cartridges may be stored at any one time.SOR/2024-77, s. 145
Storage requirements — dwellingWhen small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the cartridges.Storage requirements — storage unitWhen small arms cartridges are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if propellant powder, percussion caps, blank cartridges for tools, unmixed reactive targets or black powder cartouches are stored with small arms cartridges in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or a fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 80][Repealed, SOR/2024-77, s. 80]SOR/2022-121, s. 4SOR/2024-77, s. 80
Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches
DefinitionsThe following definitions apply in this Division.distributor means a person who sells propellant powder or percussion caps to other distributors or to retailers, whether or not they sell to users. (distributeur)licence means a licence issued under the Explosives Act that authorizes the storage of the explosive, whether propellant powder, percussion caps or black powder cartouches, that are to be sold, acquired or manufactured. (licence)retailer means a person, other than a distributor, who sells propellant powder or percussion caps. (détaillant)seller means a distributor or a retailer. (vendeur)user means a person who acquires propellant powder or percussion caps for use. (utilisateur)Propellant powderA reference in this Division to a mass of propellant powder does not include propellant powder that is in a small arms cartridge, percussion cap or primer.SOR/2022-121, s. 4SOR/2024-77, s. 81SOR/2024-77, s. 145
Rules for SellersAcquisition for Sale
DistributorA distributor may acquire, store and sell propellant powder and percussion caps if they hold a licence. A distributor who acquires propellant powder or percussion caps must comply with this Division.RetailerA retailer may acquire, store and sell propellant powder and percussion caps, whether or not they hold a licence. A retailer who acquires propellant powder or percussion caps must comply with this Division.
Storage
Licensed sellerA seller who holds a licence must store their propellant powder and percussion caps in the magazine specified in their licence and ensure that the requirements of section 286 are met.Separate storageA seller must not store propellant powder and percussion caps in the same magazine.SOR/2024-77, s. 82
Unlicensed retailerA retailer who does not hold a licence must store their propellant powder and percussion caps in a sales establishment and must ensure that the requirements of sections 286 to 288 are met.
Display for sale — propellant powderNo more than 12 kg of propellant powder, of which no more than 500 g may be black powder, may be displayed for sale.Size of containerPropellant powder that is displayed for sale must be in a container that holds no more than 500 g.Display for sale — percussion capsNo more than 10 000 percussion caps may be displayed for sale.Original packagingPercussion caps that are displayed for sale must be in their original packaging.PrecautionsPropellant powder and percussion caps that are displayed for sale must be kept behind a counter or locked up (for example, in a cabinet).AccessOnly people authorized by the retailer may have access to the area behind a sales counter.
Original packagingA seller may sell percussion caps only if they are in their original packaging.SOR/2024-77, s. 83
Place of storagePropellant powder and percussion caps that are not displayed for sale must be stored in a dwelling or a storage unit.Original packagingPercussion caps must be stored in their original packaging.Original containerBlack powder and smokeless powder must be stored in their original containers. No more than 500 g of black powder may be stored in a container.Detached dwellingsThe maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.Other dwellings — smokeless powderThe maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.Other dwellings — black powderThe maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is1 kg, with no more than 500 g of black powder per container, if the black powder is in original containers; or3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.Detached storage unitThe maximum quantity of black powder and smokeless powder that may be stored at any one time in storage units that are not attached to a dwelling, whether in a single unit or in several, is 25 kg and 75 kg, respectively.SOR/2022-121, s. 4SOR/2024-77, s. 84SOR/2024-77, s. 145
Storage requirements — dwellingWhen propellant powder or percussion caps are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the propellant powder or percussion caps.Storage requirements — storage unitWhen propellant powder or percussion caps are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if small arms cartridges, blank cartridges for tools, unmixed reactive targets or black powder cartouches are stored with propellant powder or percussion caps in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 85][Repealed, SOR/2024-77, s. 85]SOR/2022-121, s. 4SOR/2024-77, s. 85
Transfer of powderA seller must not transfer propellant powder from one container to another for the purpose of sale unless they hold a licence that authorizes them to do so.
Sale
Notification of Chief InspectorA retailer who does not hold a licence must, before beginning to sell propellant powder, send the Chief Inspector of Explosives a written notice that sets out their name, address, telephone number and email address and the date on which they will begin to sell. If such a retailer stops selling propellant powder, they must send the Chief Inspector a written notice to that effect as soon as the circumstances permit.SOR/2024-77, s. 86
[Repealed, SOR/2024-77, s. 86]
Maximum quantity — licensed buyerA seller must not sell more propellant powder or percussion caps to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed retailerA seller must not sell more propellant powder to an unlicensed buyer than the buyer is authorized by this Division to store.
RetailerA retailer may sell propellant powder or percussion caps only to a user.
IdentificationBefore selling propellant powder to a buyer, the seller must require the buyer to provide their valid fireworks operator certificate — pyrotechnician or Firearms Possession and Acquisition Licence issued under the Firearms Act — or, in the case of buyer buying on behalf of a public service agency, the public agency identification number assigned under paragraph 7(1)(a) of the Public Agents Firearms Regulations — as well as to establish their identity by providinga piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer; ortwo 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.Verification of identityIf the buyer provides a piece of identification that bears a photograph, the seller must ensure, before selling the propellant powder, that the photograph is that of the buyer.SOR/2024-77, s. 87
Record of saleA seller must keep a record of each sale of propellant powder for two years after the date of the sale. The record must include the following information:the buyer’s name and if applicable, the number of the licence issued to them under the Firearms Act;in the case of a licensed buyer, the licence number and expiry date;the number and expiry date of the buyer’s fireworks operator certificate — pyrotechnician, if applicable;if applicable, the name of the public service agency, the name of the buyer buying on behalf of the public service agency and the number of the buyer’s public agency identification number assigned under the Public Agents Firearms Regulations;the type and product name of the powder sold, the size of the container in which it was sold and the name of the person who obtained its authorization;the quantity of powder sold under each product name; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 88
Rules for UsersAcquisition
AcquisitionA user may acquire and store propellant powder and percussion caps, whether or not they hold a licence. A user may manufacture small arms cartridges and black powder cartouches for their own personal use and may store them, whether or not they hold a licence. A user who acquires propellant powder or percussion caps or manufactures small arms cartridges or black powder cartouches must comply with this Division.SOR/2022-121, s. 4SOR/2024-77, s. 145
Storage
Licensed userA user who holds a licence must store their propellant powder and black powder cartouches in the magazine specified in their licence.Separate storageA user must not store propellant powder and percussion caps in the same magazine.SOR/2024-77, s. 89
Unlicensed userA user who does not hold a licence must store their propellant powder, percussion caps and black powder cartouches in a dwelling or a storage unit and ensure that the requirements of sections 299 to 304 are met.SOR/2022-121, s. 4SOR/2024-77, s. 145
Percussion capsPercussion caps must be stored in their original packaging.Smokeless powderSmokeless powder must be stored in its original container or in small arms cartridges.Black powderBlack powder must be stored in its original container with no more than 500 g of black powder per container, in small arms cartridges or in black powder cartouches.SOR/2022-121, s. 4SOR/2024-77, s. 90SOR/2024-77, s. 145
Maximum quantityThe maximum quantity of propellant powder that may be stored by a user at any one time under sections 301 to 303 is reduced by the quantity of any propellant powder that the user is storing under section 375 and any quantity that they are storing under section 389.
Detached dwellingsThe maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.SOR/2022-121, s. 4
Other dwellings — smokeless powderThe maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.Other dwellings — black powderThe maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is1 kg, if the black powder is in containers; or3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.
Detached storage unitThe maximum quantity of black powder or smokeless powder that may be stored at any one time in storage units that are not attached to a dwelling, whether in a single unit or in several, is 25 kg and 75 kg, respectively.SOR/2022-121, s. 4SOR/2024-77, s. 91
Storage requirements — dwellingWhen propellant powder, percussion caps or black powder cartouches are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the propellant powder, percussion caps or black powder cartouches.Storage requirements — storage unitWhen propellant powder, percussion caps or black powder cartouches are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);if small arms cartridges, blank cartridges for tools or unmixed reactive targets are stored with propellant powder, percussion caps or black powder cartouches in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 92][Repealed, SOR/2024-77, s. 92]SOR/2018-231, s. 32(E)SOR/2022-121, s. 4SOR/2024-77, s. 92
Manufacture
AgeA person who manufactures small arms cartridges or black powder cartouches must be at least 18 years old or under the supervision of a person who is at least 18 years old.RequirementsA person who manufactures small arms cartridges or black powder cartouches must ensure that the following requirements are met:the place where the manufacturing is carried out must have a means of escape that will permit all people in the place to leave it quickly and easily in an emergency;precautions that minimize the likelihood of an ignition must be taken;all containers of explosives must be labelled to identify their contents and must be kept closed when not in use;no more than 2 kg of smokeless powder may be within 1 m of the loading area;no more than 500 g of black powder may be within 1 m of the loading area;the small arms cartridges must not include an incendiary or similar military component or device; andno more than 150 percussion caps may be kept in the loader mechanism of the reloading equipment.Classification of explosivesFor the purposes of transporting small arms cartridges or black powder cartouches manufactured under this Division, the small arms cartridges are classified as UN 0012 and the black powder cartouches are classified as UN 0014.SOR/2022-121, s. 4
Model and High-Power Rocket Motors
OverviewThis Part authorizes the acquisition, storage and sale of rocket motors, reloading kits and igniters. Division 1 sets out the rules for sellers and users of model rocket motors (type R.1), model rocket motor reloading kits (type R.1) and igniters for model rocket motors (type R.3). Division 2 sets out the rules for sellers and users of high-power rocket motors (type R.2), high-power rocket motor reloading kits (type R.2) and igniters for high-power rocket motors (type R.3).
DefinitionsThe following definitions apply in this Part.distributor means a person who sells rocket motors, reloading kits or igniters to other distributors or to retailers, whether or not they sell to users. (distributeur)licence means a licence that authorizes storage of the type of rocket motor, reloading kit or igniter to be sold or acquired. (licence)high-power rocket motor means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and exceeds 160 newton-seconds but does not exceed 40 960 newton-seconds. (moteur de fusée haute puissance)model rocket motor means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and does not exceed 160 newton-seconds. (moteur de fusée miniature)reloading kit means a package that contains a solid propellant and other components that are designed to be used in a reloadable rocket motor. (trousse de rechargement)retailer means a person, other than a distributor, who sells rocket motors, reloading kits or igniters. (détaillant)seller means a distributor or a retailer. (vendeur)user means a person who acquires rocket motors, reloading kits or igniters for use. (utilisateur)StorageFor the purposes of this Part, rocket motors, reloading kits and igniters are stored in a sales establishment, including a dwelling, if they areinside the sales establishment, whether or not they are in a storage unit or displayed for sale;outside the sales establishment in a storage unit that is used in operating the establishment; orin a licensed magazine that is either inside or outside the establishment.SOR/2022-121, s. 4SOR/2024-77, s. 93(F)
Quantity of motors and kitsA reference to the mass of a rocket motor or reloading kit in this Part is a reference to its gross mass (the mass of the motor or kit plus the mass of any packaging or container).
Model Rocket Motors
Motor rockets, kits and ignitersIn this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a reference to a model rocket motor, a reloading kit for a model rocket motor or an igniter for a model rocket motor.
Rules for SellersAcquisition for Sale
DistributorA distributor may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A distributor who acquires rocket motors, reloading kits or igniters must comply with this Division.RetailerA retailer may acquire, store and sell rocket motors, reloading kits and igniters, whether or not they hold a licence. A retailer who acquires rocket motors, reloading kits or igniters must comply with this Division.
Storage
Licensed sellerA seller who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.Unlicensed retailerA retailer who does not hold a licence must store their rocket motors, reloading kits and igniters in a sales establishment and must ensure that the requirements of sections 312 to 315 are met.
Display for sale prohibitedRocket motors, reloading kits and igniters must not be displayed for sale in a dwelling.Maximum quantityIn the case of a sales establishment that is not a dwelling, no more than 25 kg of rocket motors and reloading kits (combined quantity) and no more than 300 igniters may be displayed for sale.PrecautionsRocket motors, reloading kits and igniters that are displayed for sale must be kept behind a sales counter or locked up (for example, in a cabinet) unless they are in consumer packs that meet the requirements of section 313.AccessOnly people authorized by the retailer may have access to the area behind a sales counter.Separation of motors, kits and ignitersWhen displayed for sale, rocket motors and reloading kits that are not in consumer packs must be separated by a fire break, or kept at least 1 m , from igniters that are not in consumer packs.
Consumer packsFor the purposes of this Division, a consumer pack must meet the following requirements:it must be of sufficient strength to withstand normal handling;it must be designed so that it prevents a person who is handling it from being able to ignite the rocket motors, reloading kits or igniters it contains; andit must be designed so that it prevents any shifting of the rocket motors, reloading kits or igniters during handling or transportation.
Maximum quantityNo more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 2 500 igniters may be stored at any one time, including those that are displayed for sale.Place of storageRocket motors, reloading kits and igniters that are not displayed for sale must be stored in a dwelling or a storage unit.Rocket with motor installedA model rocket in which a motor has been installed must not be stored.Heat or dampnessRocket motors, reloading kits and igniters must not be exposed to heat or dampness that could cause them to deteriorate.SOR/2022-121, s. 4
Storage requirements — dwellingWhen rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the retailer.Storage requirements — storage unitWhen rocket motors, reloading kits or igniters are stored in a storage unit,the storage unit must be located in a dry place, away from flammable substances and sources of ignition;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be constructed from a non-sparking material (for example, wood or painted metal);nothing other than rocket motors, reloading kits and igniters may be stored in the storage unit;if the rocket motors, reloading kits and igniters are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);the storage unit must be attended when it is unlocked;the storage unit must be kept clean, dry, organized and free of grit;any spill, leakage or other contamination in the storage unit must be cleaned up immediately;precautions that minimize the likelihood of fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4
Sale
Maximum quantity — licensed buyerA seller must not sell more rocket motors, reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more rocket motors, reloading kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.
RetailerA retailer may sell rocket motors, reloading kits and igniters only to a user.
Rules for Users
AcquisitionA user who is at least 18 years old may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.Acquisition — at least 12 years oldA user who is at least 12 years old may acquire and store single use rocket motors with an impulse that does not exceed 80 newton-seconds and igniters for those motors without a licence. A user who acquires such motors or igniters must comply with this Division.
Storage — licensed userA user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.Storage — unlicensed userA user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a storage unit and must ensure that the requirements of sections 320 and 321 are met.SOR/2022-121, s. 4
Maximum quantityNo more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 2 500 igniters may be stored at any one time. If high-power rocket motors or reloading kits for high-power rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for high-power rocket motors are stored with igniters, the combined quantity must not exceed 2 500.Maximum quantity — under 18 years oldA user who is less than 18 years old may store no more than 6 single use rocket motors with an impulse that does not exceed 80 newton-seconds, and no more than 10 igniters.Place of storageRocket motors, reloading kits and igniters must be stored in a dwelling or a storage unit.Rocket with motor installedA model rocket in which the motor has been installed must not be stored.SOR/2022-121, s. 4
Storage requirements — dwellingWhen rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen rocket motors, reloading kits or igniters are stored in a storage unit,the storage unit must be located in a dry place, away from flammable substances and sources of ignition;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);nothing other than high-power rocket motors and reloading kits and igniters for high-power rocket motors may be stored with the rocket motors, reloading kits and igniters;if the rocket motors, reloading kits and igniters, and any high-power rocket motors or reloading kits and igniters for high-power rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);the storage unit must be attended when it is unlocked;the storage unit must be kept clean, dry, organized and free of grit;any spill, leakage or other contamination in the storage unit must be cleaned up immediately;precautions that minimize the likelihood of fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4
High-power Rocket Motors
Motor rockets, kits and ignitersIn this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a reference to a high-power rocket motor, a reloading kit for a high-power rocket motor or an igniter for a high-power rocket motor.
Rules for SellersAcquisition for Sale and Storage
Acquisition for saleA seller may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A seller who acquires rocket motors, reloading kits or igniters must comply with this Division.
StorageA seller must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.
No display for saleA seller must not display rocket motors or reloading kits for sale.
Sale
Maximum quantity — licensed buyerA seller must not sell more rocket motors, reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more rocket motors, reloading kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.
RetailerA retailer may sell rocket motors, reloading kits or igniters only to a user.
Record of saleA seller must keep a record of every sale of a rocket motor, reloading kit or igniter for two years after the date of the sale. The record must include the following information:the buyer’s name and address;in the case of a licensed buyer, the licence number and expiry date;the type, product name and power level of each rocket motor and each reloading kit sold and the name of the person who obtained its authorization;the product name of each igniter sold and the name of the person who obtained its authorization;the number of motors, kits and igniters sold under each product name; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4
Rules for Users
AcquisitionA user may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.
Storage — licensed userA user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.Storage — unlicensed userA user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a storage unit and ensure that the requirements of sections 331 to 333 are met.SOR/2022-121, s. 4
Maximum quantity — dwellingIn the case of storage in a dwelling, no more than 10 kg of rocket motors and reloading kits (combined quantity) and no more than 40 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 10 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 40.Maximum quantity — storage unitIn the case of storage in a storage unit, no more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 200 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 200.Rocket with motor installedA high-power rocket in which a motor has been installed must not be stored.SOR/2022-121, s. 4
Storage requirements — dwellingWhen rocket motors, reloading kits or igniters are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen rocket motors, reloading kits or igniters are stored in a storage unit,the storage unit must be located in a dry place, away from flammable substances and sources of ignition;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);nothing other than model rocket motors and reloading kits and igniters for model rocket motors may be stored with the rocket motors, reloading kits and igniters;if the rocket motors, reloading kits and igniters, and any model rocket motors or reloading kits or igniters for model rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);the storage unit must be attended when it is unlocked;the storage unit must be kept clean, dry, organized and free of grit;any spill, leakage or other contamination in the storage unit must be cleaned up immediately;precautions that minimize the likelihood of fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4
AttendanceRocket motors, reloading kits and igniters must be attended when they are not in storage.SOR/2022-121, s. 4
Consumer Fireworks and Novelty Devices
OverviewThis Part authorizes the acquisition, storage and sale of consumer fireworks (type F.1) and novelty devices (type F.5) and regulates their use. Division 1 sets out rules for sellers and Division 2 sets out rules for users.SOR/2024-77, s. 94
DefinitionsThe following definitions apply in this Part.distributor means a person who sells consumer fireworks or novelty devices to other distributors or to retailers, whether or not they sell to users. (distributeur)licence means a licence that authorizes the storage of consumer fireworks or novelty devices. (licence) novelty device means a device that produces limited visible or audible effects, contains small amounts of pyrotechnic or explosive composition and is classified as a type F.5 explosive. (dispositif de fantaisie) retailer means a person, other than a distributor, who sells consumer fireworks or novelty devices. (détaillant)seller means a distributor or a retailer. (vendeur)user means a person who acquires consumer fireworks or novelty devices for use. (utilisateur)StorageFor the purposes of this Part, consumer fireworks are stored in a sales establishment if they areinside the sales establishment, whether or not they are in a storage unit or displayed for sale;outside the sales establishment in a storage unit that is used in operating the establishment; orin a licensed magazine that is either inside or outside the establishment.Storage — novelty devicesFor the purposes of this Part, novelty devices are stored in a sales establishment if they areinside the sales establishment, whether or not they are in a storage unit or displayed for sale;outside the sales establishment in a storage unit that is used in operating the establishment; orin a licensed magazine that is either inside or outside the establishment.SOR/2022-121, s. 4SOR/2024-77, s. 95
Consumer fireworks or novelty devices — quantityA reference to a mass of consumer fireworks or a mass of novelty devices in this Part is a reference to their gross mass (the mass of the consumer fireworks or the mass of the novelty devices plus the mass of any packaging or container).SOR/2024-77, s. 96
Prohibition on useExcept as authorized by this Part, it is prohibited for a person to useconsumer fireworks; ornovelty devices.SOR/2024-77, s. 96
Rules for SellersAcquisition for Sale
DistributorA distributor may acquire, store and sell consumer fireworks or novelty devices if they hold a licence. A distributor who acquires consumer fireworks or novelty devices must comply with this Division.RetailerA retailer may acquire, store and sell consumer fireworks or novelty devices, whether or not they hold a licence. A retailer who acquires consumer fireworks or novelty devices must comply with this Division.SOR/2024-77, s. 97
Sales Establishment
No sale from dwellingA seller must not sellconsumer fireworks from a dwelling; ornovelty devices from a dwelling.SOR/2024-77, s. 98
Sales establishment – requirementsA seller must ensure that their sales establishment meets the following requirements:it has at least two unobstructed exits;all aisles containing consumer fireworks are at least 1.2 m wide and not blocked at either end; andall aisles containing novelty devices are at least 1.2 m wide and not blocked at either end.SOR/2024-77, s. 98
Retail sales establishmentThe sales establishment of a retailer who does not hold a licence may be permanent (located in a permanent structure) or temporary (located in a tent, trailer or other temporary shelter).RequirementsWhether the establishment is permanent or temporary, the retailer must ensure thatthe sales establishment is protected from unauthorized access when it is not open for business; andall places where consumer fireworks or novelty devices are stored, whether inside or outside the establishment, must be at least 100 m from all above-ground storage tanks for flammable substances in bulk and at least 8 m from the following:fuel dispensers at a fuel dispensing station,retail propane-dispensing tanks and cylinders,above-ground storage tanks for flammable substances, anddispensing facilities for compressed natural gas.Temporary sales establishmentIf the sales establishment is temporary, the retailer must also ensure thatall places where consumer fireworks are stored, whether inside or outside the establishment, are at least 8 m from all flammable materials, sources of ignition, thoroughfares, buildings or other temporary sales establishments and at least 3 m from any vehicle parking area;the consumer fireworks are attended at all times; andif the sales establishment selling consumer fireworks or novelty devices is a tent, the tent is made from flame-retardant material.SOR/2016-75, s. 28(E)SOR/2022-121, s. 4SOR/2024-77, s. 99
Storage
Licence holderA seller who holds a licence must store all their consumer fireworks in the magazine specified in their licence and ensure that the requirements respecting consumer fireworks in sections 343 to 345, 345.2 and 346 are met.Unlicensed retailerA retailer who does not hold a licence must store their consumer fireworks in a sales establishment other than a dwelling and ensure that the requirements respecting consumer fireworks in sections 343 to 345, 345.2, 346, 348 and 349 are met.SOR/2024-77, s. 100
Novelty devices unlicensed retailerA retailer must store their novelty devices in a sales establishment other than a dwelling and ensure that the requirements respecting novelty devices in sections 345.1, 345.2, 346.1, 348 and 349 are met.SOR/2024-77, s. 100
HandlingConsumer fireworks may be handled by a buyer only after they have been sold, unless they are in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.
Non-aerial consumer fireworksNon-aerial consumer fireworks (flares, fountains, snakes, ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they arekept behind a sales counter;locked up (for example, in a cabinet);in consumer packs that meet the requirements of section 345; orin packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.Aerial consumer fireworksAerial consumer fireworks may be displayed for sale only if they arekept behind a sales counter;locked up (for example, in a cabinet); orin packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.Non-aerial consumer and aerial consumer fireworksNon-aerial consumer and aerial consumer fireworks may be displayed for sale only if they are displayed in accordance with section 346.SOR/2013-211, s. 506; SOR/2016-75, s. 29SOR/2024-77, s. 101(E)
Adequate consumer pack — fireworksFor the purposes of this Part, a consumer pack of consumer fireworks must meet the following requirements:it must be of sufficient strength to withstand normal handling;it must be designed so that it prevents a person who is handling it from being able to ignite the consumer fireworks it contains;it must be designed so that it prevents any shifting of the consumer fireworks during handling or transportation; andthe product name of all consumer fireworks in the pack must be printed on it, along with the words “Non-aerial Fireworks/Pièces pyrotechniques non aériennes”, in a location that is clearly visible.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4SOR/2024-77, s. 102
Adequate consumer pack — novelty devicesFor the purposes of this Part, a consumer pack of novelty devices must meet the following requirements:it must be of sufficient strength to withstand normal handling;it must be designed so that it prevents a person who is handling it from being able to ignite the novelty devices it contains; andit must be designed so that it prevents any shifting of the novelty devices during handling or transportation.SOR/2024-77, s. 103
Reuse of packagingA seller must ensure that any packaging or container that has been used for consumer fireworks or novelty devices is not reused unlessthe transport classification of the consumer fireworks or novelty devices to be transported remains unchanged;the consumer fireworks or novelty devices to be transported are arranged in the packaging or container so as to minimize their movement during transport;the packaging or container is closed for transport in the same manner as it was for its first use;the mass of the consumer fireworks or novelty devices is equal to or less than the mass of the consumer fireworks or novelty devices during the first use of the packaging or container; andthe packaging or container shows no signs of damage, contamination or reduced strength.SOR/2024-77, s. 103
Requirements for displayWhen consumer fireworks are displayed for sale, the following requirements must be met:non-aerial fireworks in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;aerial fireworks in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;all other fireworks, whether aerial or non-aerial, must be separated into lots of 25 kg or less;each lot must be separated from the other lots by a fire break;the fireworks must be kept away from flammable substances and sources of ignition;the fireworks must not be exposed to heat or dampness that might cause them to deteriorate;the fireworks must be separated from the ceiling and from any fire prevention system by at least 0.6 m;only people authorized by the retailer may have access to the area behind a sales counter;smoking must be prohibited within 8 m of the fireworks; andthe fireworks must be attended when the sales establishment is unlocked.SOR/2022-121, s. 4
Novelty devices — displayed for saleWhen novelty devices are displayed for sale, the following requirements must be met:the novelty devices must be separated into lots of 25 kg or less;each lot must be separated from the other lots by a fire break;the novelty devices must be kept away from flammable substances and sources of ignition; andthe novelty devices must not be exposed to heat or dampness that might cause them to deteriorate.SOR/2024-77, s. 104
ExceptionSections 345.1 and 346.1 do not apply to sparklers or toy pistol caps.SOR/2024-77, s. 104
Maximum quantityNo more than 1 000 kg of consumer fireworks or novelty devices may be stored in a sales establishment at any one time, including consumer fireworks or novelty devices that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg of consumer fireworks or novelty devices may be stored at any one time, including consumer fireworks or novelty devices that are displayed for sale.Place of storageConsumer fireworks or novelty devices that are not displayed for sale must be stored in a storage unit.SOR/2022-121, s. 4SOR/2024-77, s. 104
Storage requirements — storage unitWhen consumer fireworks or novelty devices are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4SOR/2024-77, s. 104
Sale
Maximum quantity — licensed buyerA seller must not sell more consumer fireworks to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more consumer fireworks or novelty devices to an unlicensed buyer than the buyer is authorized by this Division to store.SOR/2024-77, s. 105
RetailerA retailer may sell only to users.
Copy of rulesA distributor who sells consumer fireworks to a retailer must offer the retailer a copy of this Division.TableA seller who sells consumer fireworks to a user must offer the user either a copy of the table at the end of this Part or a document that includes the same information. The copy of the table or the document may be provided by electronic means, such as a QR code.[Repealed, SOR/2024-77, s. 106]SOR/2024-77, s. 106
Record of saleA seller must keep a record of every sale of 150 kg or more of consumer fireworks or novelty devices, or of consumer fireworks and novelty devices combined, for two years after the date of the sale. The record must include the following information:the buyer’s name and address;in the case of a licensed buyer, the licence number and expiry date;the product name of each consumer firework or novelty device sold and the name of the person who obtained its authorization;the quantity of consumer fireworks or novelty devices sold under each product name;in the case of a sale by a distributor, an indication of whether the consumer fireworks or novelty devices were purchased for re-sale or for use; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4SOR/2024-77, s. 107
Rules for UsersAcquisition and Storage
AcquisitionA user who is at least 18 years old may acquire, store and use consumer fireworks, whether or not they hold a licence. A user who acquires consumer fireworks must comply with this Division.Acquisition — novelty devicesA user who is at least 16 years old may acquire, store and use novelty devices, whether or not they hold a licence. A user who acquires novelty devices must comply with this Division.Toy pistol capsA user who is less than 16 years old may acquire and use toy pistol caps.SOR/2024-77, s. 108
Storage — licensed userA user who holds a licence must store their consumer fireworks in the magazine specified in the licence.Storage — unlicensed userA user who does not hold a licence must store their consumer fireworks in a dwelling or a storage unit and ensure that the requirements of sections 356 and 357 are met.Storage of novelty devices — unlicensed userA user who does not hold a licence must store their novelty devices in a dwelling or a storage unit and ensure that the requirements of sections 356 and 357 respecting novelty devices are met.SOR/2022-121, s. 4SOR/2024-77, s. 109
Maximum quantity — dwellingThe maximum quantity of consumer fireworks or novelty devices, or of consumer fireworks and novelty devices combined, that may be stored at any one time in a dwelling is 10 kg.Maximum quantity — storage unitThe maximum quantity of consumer fireworks or novelty devices that may be stored at any one time in storage units, whether in a single unit or in several, is as follows:1 000 kg of consumer fireworks;1 000 kg of novelty devices; or1 000 kg of consumer fireworks and novelty devices combined.SOR/2022-121, s. 4SOR/2024-77, s. 110
Storage requirements — dwellingWhen consumer fireworks or novelty devices are stored in a dwelling, they must be stored in accordance with package instructions, located in a clean, dry place, away from flammable substances and sources of ignition and in a manner that ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen consumer fireworks or novelty devices are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4SOR/2024-77, s. 110
Use
Instructions — consumer fireworksWhen using consumer fireworks, a user, other than a certified display supervisor or a display assistant under the direct supervision of a certified display supervisor, must follow the instructions provided on the label of the consumer fireworks, and if there are no such instructions, the consumer fireworks must not be used except by a certified display supervisor or a display assistant under the direct supervision of a certified display supervisor.Instructions — novelty devicesWhen using novelty devices, a user must follow the instructions on the packaging, and if there are no such instructions, the novelty devices must not be used.Electric matchA user, other than a certified display supervisor or a display assistant under the direct supervision of a certified display supervisor, must not use an electric match to fire consumer fireworks.No smokingA user must not smoke, and must prohibit all others from smoking, within 8 m of the site of use of the fireworks.SOR/2016-75, s. 30SOR/2024-77, s. 111
Consumer fireworks — electric matchA certified display supervisor or a display assistant under the direct supervision of a certified display supervisor may use an electric match to fire consumer fireworks.Consumer fireworks — hybrid showConsumer fireworks may be used by a certified display supervisor or by a display assistant under the direct supervision of a certified display supervisor as a component of a hybrid show containing both consumer fireworks and display fireworks.Fireworks accessories (type F.4) — hybrid showFireworks accessories (type F.4) may be used by a certified display supervisor or by a display assistant under the direct supervision of a certified display supervisor to fire consumer fireworks as a component of a hybrid show containing both consumer fireworks and display fireworks.SOR/2024-77, s. 112
User under 18 years oldA user who is under the age of 18 may use consumer fireworks if they are supervised by a person who is at least 18 years old.User under 16 years oldA user who is under the age of 16 may use novelty devices if they are supervised by a person who is at least 18 years old.SupervisionA person who acquires consumer fireworks may give them to a user who is under the age of 18 if the person ensures that the user is supervised by a person who is at least 18 years old.Supervision — novelty devicesA person who acquires novelty devices may give them to a user who is under the age of 16 if the person ensures that the user is supervised by a person who is at least 18 years old.SOR/2024-77, s. 113
Reuse of packagingA user must ensure that any packaging or container that has been used for consumer fireworks or novelty devices is not reused unlessthe transport classification of the consumer fireworks or novelty devices to be transported remains unchanged;the consumer fireworks or novelty devices to be transported are arranged in the packaging or container so as to minimize their movement during transport;the packaging or container is closed for transport in the same manner as it was for its first use;the mass of the consumer fireworks or novelty devices is equal to or less than the mass of the consumer fireworks or novelty devices during the first use of the packaging or container; andthe packaging or container shows no signs of damage, contamination or reduced strength.SOR/2024-77, s. 114
TABLE/TABLEAUIMAGESUSING CONSUMER FIREWORKSUTILISATION DE PIÈCES PYROTECHNIQUES À L’USAGE DES CONSOMMATEURSPart 16 of the Explosives Regulations, 2013 provides additional safety rules for consumer fireworks.La partie 16 du Règlement sur les explosifs prévoit des règles de sécurité additionnelles.This image illustrates the rule that follows.PEOPLE UNDER 18 YEARS OLD who use fireworks must be supervised by an adult.LES PERSONNES DE MOINS DE 18 ANS qui utilisent des pièces pyrotechniques doivent le faire sous la surpervision d’un adulte.This image illustrates the rule that follows.CHOOSE a wide, clear site away from all obstacles. Refer to the safety instructions on the fireworks label for minimum distances from spectators.CHOISIR un emplacement spacieux, bien dégagé et loin de tout obstacle. Consulter les consignes de sécurité sur l’étiquette des pièces pyrotechniques pour connaître les distances minimales entre les pièces et les spectateurs.This image illustrates the rule that follows.DO NOT FIRE IN WINDY CONDITIONS.NE PAS METTRE À FEU LES PIÈCES PYROTECHNIQUES PAR TEMPS VENTEUX.This image illustrates the rule that follows.READ all instructions on the fireworks. PLAN the order of firing before you begin.LIRE toutes les instructions sur les pièces pyrotechniques. DÉTERMINER l’ordre de mise à feu avant de débuter.This image illustrates the rule that follows.USE A GOOD FIRING BASE such as a pail filled with earth or sand.UTILISER UNE BONNE BASE DE MISE À FEU, tel un seau, remplie de terre ou de sable.This image illustrates the rule that follows.BURY fireworks that do not have a base HALFWAY in a container of earth or sand (such as a pail, box or wheelbarrow) unless the label on the firework indicates otherwise. Set them at a 10-degree angle, pointing away from people.ENFOUIR À MOITIÉ les pièces pyrotechniques qui ne possèdent pas de base dans un contenant (par exemple, un seau, une boîte ou une brouette) renfermant du sable ou de la terre, sauf indication contraire sur l’étiquette. Les installer à un angle de 10 degrés et les pointer en direction opposée des spectateurs.This image illustrates the rule that follows.NEVER try to light a firework or hold a lit firework in your hand unless the instructions of the person who obtained its authorization indicate that they are designed to be hand-held.NE JAMAIS tenir dans la main des pièces pyrotechniques qui sont allumées ou que vous tentez d’allumer, sauf si les instructions de la personne qui a obtenu l’autorisation des pièces indiquent qu’elles sont conçues pour être tenues dans la main.This image illustrates the rule that follows.LIGHT CAREFULLY: Always light the fuse at its tip.ALLUMER PRUDEMMENT : toujours allumer la mèche à l’extrémité.This image illustrates the rule that follows.KEEP WATER NEARBY: Dispose of used fireworks (including debris) in a pail of water.GARDER DE L’EAU À PORTÉE DE LA MAIN : mettre les pièces pyrotechniques utilisées et les débris dans un seau d’eau.This image illustrates the rule that follows.WAIT at least 30 minutes before approaching a firework that did not go off. NEVER try to RELIGHT a firework that did not go off. NEVER try to fix a firework that is defective.ATTENDRE au moins 30 minutes avant de s’approcher d’une pièce pyrotechnique dont la mise à feu n’a pas fonctionné. NE JAMAIS tenter de RALLUMER une pièce pyrotechnique dont la mise à feu n’a pas fonctionné. NE JAMAIS tenter de réparer une pièce pyrotechnique qui est défectueuse.This image illustrates the rule that follows.KEEP fireworks in a cool, dry, ventilated place, out of the reach of children.CONSERVER les pièces pyrotechniques dans un endroit frais, sec, aéré et hors de la portée des enfants.This image illustrates the rule that follows.IT IS RECOMMENDED that safety glasses be worn.IL EST RECOMMANDÉ de porter des lunettes de sécurité.
SOR/2016-75, s. 31Special Effect Pyrotechnics
OverviewThis Part authorizes the acquisition, storage and sale of special effect pyrotechnics and regulates their use. Division 1 sets out rules for sellers. Division 2 sets out rules for users and other acquirers and indicates how to obtain a fireworks operator certificate.
DefinitionsThe following definitions apply in this Part.black powder means an explosive classified as type P.1. (poudre noire)licence means a licence that authorizes the storage of the type of pyrotechnics to be sold or acquired. (licence)propellant powder means black powder and smokeless powder. (poudre propulsive)pyrotechnic event means an event at which special effect pyrotechnics are used and includes a film or television production in which special effect pyrotechnics are used. (activité pyrotechnique)special effect pyrotechnics means, in addition to any explosive classified as type F.3, the following types of explosive if it will be used to produce a special effect in a film or television production or a performance before a live audience:fireworks accessories (type F.4);black powder and hazard category PE 1 black powder substitutes (type P.1);smokeless powder and hazard category PE 3 black powder substitutes (type P.2);initiation systems (type I) (for example, blasting accessories);detonating cord (type E.1); andlow-hazard special purpose explosives (Type S.1) and high-hazard special purpose explosives (Type S.2). (pièce pyrotechnique à effets spéciaux)smokeless powder means an explosive classified as type P.2. (poudre sans fumée)special purpose pyrotechnics means special effect pyrotechnics that are combined with a flammable liquid, solid or gas to produce custom-made special effects. (pièce pyrotechnique à usage particulier)user means a person who acquires special effect pyrotechnics for use, which includes setting them up and firing them. (utilisateur)SOR/2018-231, s. 33SOR/2022-121, s. 4
Pyrotechnics quantityA reference to the mass of a special effect pyrotechnic in this Part is a reference to its gross mass (the mass of the pyrotechnic plus the mass of any packing or container) except in the case of propellant powder, where it is a reference to its net quantity (the mass of the powder excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance).SOR/2022-121, s. 4(E)
Prohibition on useExcept as authorized by this Part, it is prohibited for a person to use special effect pyrotechnics.
Rules for SellersAcquisition for Sale and Storage
AcquisitionA seller may acquire, store and sell special effect pyrotechnics if they hold a licence. A seller who acquires special effect pyrotechnics must comply with this Division.
StorageA seller must store their special effect pyrotechnics in the magazine specified in their licence.[Repealed, SOR/2018-231, s. 34]SOR/2018-231, s. 34
No display for saleA seller must not display special effect pyrotechnics for sale.
Transfer of powderA seller must not transfer propellant powder from one container to another for the purpose of sale unless their licence authorizes them to do so.
Sale
Certificate requiredA seller may sell special effect pyrotechnics only to a buyer who holds the fireworks operator certificate that is required for use of the pyrotechnics that are to be bought.Licence and certificate requiredA seller may sell initiation systems or detonating cord only to a buyer who holds a licence and a fireworks operator certificate (special effects pyrotechnician — detonating cord).ExceptionDespite subsection 1, a seller may sell flash cotton, flash paper, flash string, sparkle string or propellant powder to a buyer who holds neither a licence nor a fireworks operator certificate.Licence requiredA seller may sell special effect pyrotechnics to a buyer who is not a user only if the buyer holds a licence.
Maximum quantity — licensed buyerA seller must not sell more special effect pyrotechnics to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more special effect pyrotechnics to an unlicensed buyer than the buyer is authorized by this Part to store.
IdentificationBefore selling special effect pyrotechnics, the seller must require the buyer to establish their identity by showing eithera piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the user; ortwo 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.ComparisonIf the buyer provides a piece of identification that bears a photograph, the seller must, before selling the special effect pyrotechnics, ensure that the photograph is that of the buyer.
Record of saleA seller must keep a record of every sale of special effect pyrotechnics for two years after the date of the sale. The record must include the following information:the buyer’s name and address;if applicable, the number and expiry date of the buyer’s licence and, if applicable, the number and expiry date of the buyer’s fireworks operator certificate;the type and product name of each special effect pyrotechnic sold and the name of the person who obtained its authorization;the quantity of special effect pyrotechnics sold under each product name;a short description of the effects of any explosive article sold;the size of the container in which any propellant powder was sold; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4
Rules for Users and Other AcquirersUsers without a Licence or CertificateFlash Cotton, Flash Paper, Flash String and Sparkle String
AcquisitionA user who holds neither a fireworks operator certificate nor a licence may acquire, store and use flash cotton, flash paper, flash string and sparkle string.
StorageA user who acquires flash cotton, flash paper, flash string or sparkle string must store it in a dwelling or a storage unit and ensure that the requirements of sections 374, 382 and 383 are met.SOR/2022-121, s. 4
Maximum quantityNo more than 200 g of flash cotton, 1 kg of flash paper, 200 g of flash string and 200 g of sparkle string may be stored at any one time.
Percussion Caps and Propellant Powder Used in Historical Re-enactments
AcquisitionA user who holds neither a fireworks operator certificate nor a licence may acquire, store and use percussion caps and propellant powder, if the caps and powder are acquired for use in original or reproduction firearms in an historical re-enactment.Requirements for useA user who acquires percussion caps and propellant powder for an historical re-enactmentmust have the written approval of the local authority to hold the re-enactment or must be under the supervision of a person who has that approval; andmust have experience in the safe use of explosives in historical re-enactments, have completed a course on this use certified by the Minister or be under the supervision of a person who has that experience or has completed such a course.SOR/2016-75, s. 38SOR/2022-121, s. 4
StorageA user must store their percussion caps and propellant powder in a dwelling or in a storage unit and ensure that the requirements of sections 377 to 380, 382 and 383 are met.SOR/2022-121, s. 4
Percussion capsPercussion caps must be stored in their original packaging.Smokeless powderSmokeless powder must be stored in its original container or in small arms cartridges.Black powderBlack powder must be stored in its original container with no more than 500 g of black powder per container, in small arms cartridges or in black powder cartouches.SOR/2022-121, s. 4SOR/2024-77, s. 115
Detached dwellings or site of useThe maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, in a storage unit attached to a detached dwelling or in a storage unit at the site of use is 25 kg, of which no more than 10 kg may be black powder.SOR/2022-121, s. 4
Other dwellings — smokeless powderThe maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.Other dwellings — black powderThe maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is1 kg, with no more than 500 g of black powder per container, if the black powder is in original containers; or3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.SOR/2022-121, s. 4SOR/2024-77, s. 116
Detached storage unitThe maximum quantity of black powder and smokeless powder that may be stored at any one time in storage units that are not attached to a dwelling and are not at the site of use, whether in a single unit or in several, is 25 kg and 75 kg, respectively.SOR/2022-121, s. 4SOR/2024-77, s. 117
Pyrotechnics Used in Student Training
Student in trainingA user who holds neither a fireworks operating certificate nor a licence and who is taking a college or university course on special effect pyrotechnics that is certified by the Minister may, during their training and while under the supervision of a holder of a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician), use any special effect pyrotechnics that their supervisor is authorized to use.SOR/2016-75, s. 38
Storage
Storage requirements — dwellingWhen special effect pyrotechnics are stored in a dwelling, they must be stored in accordance with package instructions, located in a clean, dry place, away from flammable substances and sources of ignition and in a manner that ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen special effect pyrotechnics are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);nothing other than special effect pyrotechnics may be stored in the storage unit;propellant powder, firework accessories and other special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 118]SOR/2022-121, s. 4SOR/2024-77, s. 118
Storage — site of useWhen special effect pyrotechnics are stored in a storage unit at the site of use, the unit must be made from, or lined with, a non-sparking material, marked with the words “Pyrotechnics/Pièces pyrotechniques” and kept locked. Nothing other than special effect pyrotechnics may be stored in the storage unit.Location of storage unitThe storage unit must be kept away from other flammable substances and sources of ignition and in an area that is not accessible to the public.SOR/2022-121, s. 4
Use
InstructionsA user must, when using special effect pyrotechnics, follow the instructions of the pyrotechnician in charge.Prohibited useA user must not use special effect pyrotechnics if they show any signs of deterioration (for example, discoloration or a vinegary smell).Electric matchA user must not use an electric match to ignite flash cotton, flash paper, flash string or sparkle string.SOR/2016-75, s. 32SOR/2024-77, s. 119
Other Acquirers Without a Certificate
License holderA person who does not hold a fireworks operator certificate may acquire and store special effect pyrotechnics if they hold a licence. They must store their special effect pyrotechnics in the magazine specified in their licence.
Users with a CertificateFireworks Operator Certificates
Types of certificateThe fireworks operator certificates issued by the Minister that are required for the use of special effect pyrotechnics are the following:fireworks operator certificate (pyrotechnician);fireworks operator certificate (senior pyrotechnician);fireworks operator certificate (special effects pyrotechnician);fireworks operator certificate (special effects pyrotechnician — detonating cord); andfireworks operator certificate (visitor pyrotechnician).SOR/2016-75, s. 38
Qualifications to Obtain a Certificate
PyrotechnicianTo obtain a fireworks operator certificate (pyrotechnician), a person must successfully complete the special effects pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.Senior pyrotechnicianTo obtain a fireworks operator certificate (senior pyrotechnician), a person must have acted as a pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3 and propellant powder.Special effects pyrotechnicianTo obtain a fireworks operator certificate (special effects pyrotechnician), a person must have acted as a senior pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3, propellant powder and special purpose pyrotechnics.Special effects pyrotechnician — detonating cordTo obtain a fireworks operators certificate (special effects pyrotechnician — detonating cord), a person must have a fireworks operator certificate (special effects pyrotechnician) and must be able to safely use initiation systems and detonating cords.Visitor pyrotechnicianTo obtain a fireworks operator certificate (visitor pyrotechnician), a person must reside outside Canada and have the necessary experience using special effect pyrotechnics to safely carry out the activities of a holder of a fireworks operator certificate (pyrotechnician).SOR/2016-75, s. 38
Application
Application for certificate — pyrotechnicianAn applicant for a fireworks operator certificate (pyrotechnician) 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 and documents:the applicant’s name, date of birth, address, telephone number and email address;[Repealed, SOR/2024-77, s. 120][Repealed, SOR/2024-77, s. 120]proof that the applicant has successfully completed a pyrotechnics safety and legal awareness course certified by the Minister.Proof of course completionAn applicant who has not completed the special effect pyrotechnics safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion of the course or equivalent.Application — senior pyrotechnician and special effects pyrotechnicianAn applicant for a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician) 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 and documents:the applicant’s name, date of birth, address, telephone number and email address;[Repealed, SOR/2024-77, s. 120]the number and expiry date of the applicant’s fireworks operator certificate;[Repealed, SOR/2024-77, s. 120]a copy of the applicant’s work journal that sets outthe date and place of each pyrotechnic event at which the applicant has worked and the types of explosives used,the capacity in which the applicant acted at each pyrotechnic event, andthe name of the applicant’s supervisor at each pyrotechnic event.[Repealed, SOR/2018-231, s. 35]Other certificatesAn applicant for one of the following certificates must provide the information and documents referred to in subsection (3) and, in addition, mustfor a fireworks operator certificate (senior pyrotechnician), establish that they have acted as a pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3 and propellant powder;for a fireworks operator certificate (special effects pyrotechnician), establish that they have acted as a senior pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3, propellent powder and special purpose pyrotechnics; andfor a fireworks operator certificate (special effects pyrotechnician — detonating cord), establish that they have acted as a special effects pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use initiation systems and detonating cords.Application — visitor pyrotechnicianAn applicant for a fireworks operator certificate (visitor pyrotechnician) 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 and documents:the applicant’s name, date of birth, address, telephone number and email address;[Repealed, SOR/2024-77, s. 120][Repealed, SOR/2024-77, s. 120]a copy of the applicant’s resumé which sets out the pyrotechnic events at which they have used special effect pyrotechnics and the people and organizations for which they have worked;a list of the pyrotechnic events in which they plan to participate in Canada and the dates of the events; andthe name, telephone number and number of the fireworks operator certificate of the pyrotechnician in charge at each event in which they plan to participate.FeesAn applicant for a fireworks operator certificate or a modification to or change of a certificate must pay the applicable fees set out in Part 19.SOR/2016-75, s. 38; SOR/2018-231, s. 35SOR/2022-121, s. 4SOR/2024-77, s. 120
Acquisition and Storage
AcquisitionA user may acquire and store special effect pyrotechnics, whether or not they hold a licence, if they hold a fireworks operator certificate with the endorsements required for the use of the pyrotechnics to be acquired. However, a user who does not hold a licence must not acquire initiation systems or detonating cords. A user who acquires special effect pyrotechnics must comply with this subdivision.SOR/2024-77, s. 121
Storage — licensed userA user who holds a licence must store their special effect pyrotechnics in the magazine specified in their licence.ExceptionDespite subsection (1), a user who holds a licence may store up to 500 electric matches and up to 25 kg of other special effect pyrotechnics in a dwelling or a storage unit. A user who does so must ensure that the requirements of sections 393 to 397 are met.SOR/2022-121, s. 4
Storage — unlicensed userA user who does not hold a licence must store their special effect pyrotechnics in a dwelling or a storage unit and ensure that the requirements of sections 392 to 397 are met.SOR/2022-121, s. 4
Maximum quantityNo more than 500 electric matches and 25 kg of other special effect pyrotechnics may be stored at any one time.
Smokeless powderSmokeless powder must be stored in its original container or in small arms cartridges.Black powderBlack powder must be stored in its original container, in small arms cartridges or in black powder cartouches.
Detached dwellingThe maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.SOR/2022-121, s. 4
Other dwellings — smokeless powderThe maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.Other dwellings — black powderThe maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is1 kg, if the black powder is in containers; and3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.SOR/2022-121, s. 4
Detached storage unitThe maximum quantity of propellant powder that a user may store at any one time in a storage unit that is not attached to a dwelling, whether in a single unit or in several, is 75 kg.SOR/2022-121, s. 4
Storage requirements — dwellingWhen special effect pyrotechnics are stored in a dwelling, they must be stored in accordance with package instructions, located in a clean, dry place, away from flammable substances and sources of ignition and in a manner that ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen special effect pyrotechnics are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);nothing other than special effect pyrotechnics may be stored in the storage unit;propellant powder, firework accessories and other special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 122]SOR/2022-121, s. 4SOR/2024-77, s. 122
[Repealed, SOR/2018-231, s. 36]Storage — site of useAny storage unit at the site of use must be located in an area that is not accessible to the public.Storage — in magazineSpecial effect pyrotechnics that are not stored in a locked storage unit must be stored in a magazine.Pyrotechnics to be attendedSpecial effect pyrotechnics must be attended when they are not in a storage unit or a magazine.SOR/2018-231, s. 36SOR/2022-121, s. 4
Use
Pyrotechnician and visitor pyrotechnicianA user who holds a fireworks operator certificate (pyrotechnician) or a fireworks operator certificate (visitor pyrotechnician) may use the following explosives:explosives that are classified as type F.3, type S.1 or type S.2 and whose use by pyrotechnicians or visitor pyrotechnicians has been authorized by the Chief Inspector of Explosives under section 32 or 33 as well as all fireworks accessories;smokeless powder;explosives classified as type F.3, other than those referred to in paragraph (a), and black powder, but only under the direct supervision of a senior pyrotechnician or special effects pyrotechnician;special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; andinitiation systems and detonating cord, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).SOR/2024-77, s. 123
Senior pyrotechnicianA user who holds a fireworks operator certificate (senior pyrotechnician) may use the following explosives:explosives classified as type F.3, type S.1 or type S.2, fireworks accessories, black powder and smokeless powder;special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; andinitiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).SOR/2024-77, s. 124
Special effects pyrotechnicianA user who holds a fireworks operator certificate (special effects pyrotechnician) mayassemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, type S.1 or type S.2, fireworks accessories, black powder and smokeless powder; anduse initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).Special effects pyrotechnician — detonating cordA user who holds a fireworks operator certificate (special effects pyrotechnician — detonating cord) mayassemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, type S.1 or type S.2, fireworks accessories, black powder and smokeless powder; anduse initiation systems and detonating cords.SOR/2024-77, s. 125
Supervision of a Pyrotechnic Event
Pyrotechnician in chargeEvery organizer of a pyrotechnic event must ensure that the event is supervised by a pyrotechnician in charge.ResponsibilitiesThe pyrotechnician in charge must ensure that the event is carried out safely and that the requirements of sections 403 to 408 are complied with.
PlanA pyrotechnic event plan must be prepared in writing and kept for two years after the date of the pyrotechnic event. The plan must include the following information:the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate;a description of the site of the event, including the placement of the special effect pyrotechnics, the proximity of the audience and the location of every exit, every storage area for the pyrotechnics and every smoke detector that may be triggered by the pyrotechnics used in the event;the type and product name of each special effect pyrotechnic that will be used and name of the person who obtained its authorization;a description of each special effect pyrotechnic;the anticipated height, duration and fallout effect of the effects of each special effect pyrotechnic;a description of the anticipated effects of each special purpose pyrotechnic;the method and sequence of firing the special effect pyrotechnics; andan assessment of the likelihood of harm to people or property resulting from the use of the special effect pyrotechnics.ApprovalThe plan must be submitted to the local authority. The written approval of the local authority to hold the pyrotechnic event must be obtained before the event takes place.Safety meetingsMeetings must be held with the people who will participate in presenting the pyrotechnic event (for example, security guards, artists and technicians) to inform them of the special effect pyrotechnics that will be used and the safety precautions to be taken during the event. Subsequent meetings must be held if the event is changed in a way that increases the likelihood of harm to people or property resulting from the use of the pyrotechnics.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 4
Fallout zoneA fallout zone must be established, taking into account the properties of the special effect pyrotechnics to be used, how they will be positioned, the instructions of the person who obtained their authorization, the weather conditions if the pyrotechnic event is to be held outdoors and the likelihood of harm to people or property resulting from the use of the pyrotechnics.FlammablesThe fallout zone must not contain any flammables or other items that are likely to catch fire.AccessOnly people authorized by the pyrotechnician in charge may enter or be in the fallout zone from the time any special effect pyrotechnics are brought into the zone until the pyrotechnician in charge declares the zone to be free of explosives.No smokingSmoking must be prohibited in the fallout zone.SOR/2016-75, s. 33SOR/2024-77, s. 126
Fire prevention and first aidDuring the pyrotechnic event, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.
InstructionsWhen setting up and firing the special effect pyrotechnics, the instructions of the pyrotechnician in charge must be followed.Firing unitOnly the pyrotechnician in charge, or a person designated by the pyrotechnician in charge, may have access to the firing unit.Physical keying deviceThe pyrotechnician in charge, or a person designated by the pyrotechnician in charge, must have control of any physical keying device at all times.Safety interlockThe firing unit must be equipped with a safety interlock that has at least two steps.Extraneous electricityPrecautions that minimize the likelihood of extraneous electricity igniting an electric match must be taken.Device attached to bodyAny device that is used to contain special effect pyrotechnics and is hand-held or attached to a person’s body must be equipped with a firing system that has two switches.Firing system — requirementThe pyrotechnician in charge must ensure that the firing system is secured at all times to prevent accidental ignition.DevicesAny device that is used to contain special effect pyrotechnics must bedesigned and manufactured to prevent fragmentation or distortion of the device;designed and manufactured to prevent or contain fragmentation of the pyrotechnics;mounted so as to prevent any change in position or direction when used;positioned and secured in a manner that minimizes the likelihood of harm to people and property; andmaintained in good condition.Damaged pyrotechnicsSpecial effect pyrotechnics that are damaged, leaking, damp or contaminated must not be used.No firingA special effect pyrotechnic must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.Postponing or stopping eventA pyrotechnic event must be postponed or stopped if unfavourable weather conditions develop, a special effect pyrotechnic malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.SOR/2016-75, s. 34SOR/2024-77, s. 127
[Repealed, SOR/2024-77, s. 128]Misfired pyrotechnicsMisfired special effect pyrotechnics must not be approached until at leastone minute after firing, if the firing was initiated by an electric match; and30 minutes after firing, if the firing was initiated by other means.PrecautionsPrecautions that minimize the likelihood of harm to people and property from misfired special effect pyrotechnics must be taken.SearchAs soon as the circumstances permit after the periods referred to in subsection (2), the site of the pyrotechnic event must be searched and all explosives must be removed from the site.AccessAfter the event, only people designated to do a search by the pyrotechnician in charge may enter or be in the fallout zone until the pyrotechnician in charge declares the zone to be free of explosives.SOR/2024-77, s. 128
Logbook of eventsA record of the pyrotechnic event must be made in a logbook that sets out the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded event. The record must include the following information and documents:a copy of the pyrotechnic event plan prepared for the event;a copy of the local authority’s approval to hold the event;the name and address of every person who worked at the event under the supervision of the pyrotechnician in charge; anda description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with.SOR/2022-121, s. 4
Record of licence holderWhen a pyrotechnic event is held on behalf of a licence holder, the holder must keep a record of the event for two years after the date of the event. The record must include the following information and documents:the licence holder’s name and address and the number and expiry date of their licence;the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate;a copy of the local authority’s approval to hold the event;the type and product name of each special effect pyrotechnic used and the name of the person who obtained its authorization;the quantity used under each product name; andthe date and site of the event.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4
Display Fireworks
OverviewThis Part authorizes the acquisition, storage and sale of display fireworks (type F.2) and their accessories and regulates their use. Division 1 sets out rules for sellers and users of display fireworks and fireworks accessories, including how to obtain a fireworks operator certificate. Division 2 sets out additional rules for display fireworks that are firecrackers.
DefinitionsThe following definitions apply in this Part.licence means a licence that authorizes the storage of display fireworks and their accessories. (licence)user means a person who acquires display fireworks or their accessories for use, which includes setting them up and firing them. (utilisateur)
Quantity of display fireworksA reference to a mass of display fireworks or their accessories in this Part is a reference to their net quantity (the mass of the fireworks excluding the mass of any packaging or container).SOR/2018-231, s. 37
Use prohibitedExcept as authorized by this Part, it is prohibited for a person to use display fireworks or their accessories.
Display Fireworks
Definition of fireworksIn this Division, fireworks means display fireworks and fireworks accessories that are used with display fireworks.
Rules for SellersAcquisition for Sale and Storage
AcquisitionA seller may acquire, store and sell fireworks if they hold a licence. A seller who acquires fireworks must comply with this Division.
StorageA seller must store their fireworks in the magazine specified in their licence.Electric matchesA seller must not store electric matches in a magazine in which fireworks are stored.SOR/2024-77, s. 129
No display for saleA seller must not display fireworks for sale.
Sale
Authorized buyersA seller may sell fireworks only toa person who holds a licence; ora user who holds a fireworks operator certificate with the endorsements required for the use of the fireworks to be acquired and who provides the seller with a copy of the certificate and a copy of a local authority’s approval to hold the fireworks display in which the fireworks will be used.SOR/2022-121, s. 4SOR/2024-77, s. 130
Maximum quantity — licensed buyerA seller must not sell more fireworks to a licensed buyer than the buyer is authorized by their licence to store.Maximum quantity — unlicensed buyerA seller must not sell more fireworks to an unlicensed buyer than the buyer is authorized by the local authority to store or the quantity set out in section 426, whichever is less.SOR/2022-121, s. 4
Reuse of packaging — sellerA seller must ensure that any packaging or container that has been used for fireworks is not reused unlessthe transport classification of the fireworks to be transported remains unchanged;the fireworks to be transported are arranged in the packaging or container so as to minimize their movement during transport;the packaging or container is closed for transport in the same manner as it was for its first use;the mass of the fireworks is equal to or less than the mass of the fireworks during the first use of the packaging or container; andthe packaging or container shows no signs of damage, contamination or reduced strength.SOR/2024-77, s. 131
Record of saleA seller must keep a record of every sale of fireworks for two years after the date of the sale. The record must include the following information and documents:the buyer’s name and address;in the case of a sale to a licensed buyer, the number and expiry date of their licence;in the case of a sale to the holder of a fireworks operator certificate, the number and expiry date of the certificate and a copy of a local authority’s approval to hold the fireworks display in which the fireworks will be used;the type and product name of each firework sold and the name of the person who obtained its authorization;the quantity of fireworks sold under each product name; andthe date of the sale.SOR/2016-75, s. 39; SOR/2018-231, ss. 38, 44(F), 45(E)SOR/2022-121, s. 4
Rules for UsersFireworks Operator Certificates
Types of certificatesThe certificates issued by the Minister that are required for the use of fireworks are the following:fireworks operator certificate (display assistant);fireworks operator certificate (display supervisor);fireworks operator certificate (display supervisor with endorsement); andfireworks operator certificate (display visitor).SOR/2016-75, s. 38
Qualifications to Obtain a Certificate
Display assistantTo obtain a fireworks operator certificate (display assistant), a person must successfully complete the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.Display supervisorTo obtain a fireworks operator certificate (display supervisor), a person must have acted as a display assistant in at least three fireworks displays within five years after the date on which the applicant completed the display fireworks safety and legal awareness course or its equivalent.Display supervisor with endorsementTo obtain a fireworks operator certificate (display supervisor with endorsement), a person must hold a fireworks operator certificate (display supervisor) and must eithersuccessfully complete an advanced safety course, certified by the Minister, on the fireworks or display sites covered by the endorsement; ordemonstrate to the Minister that, working under the direct supervision of a display supervisor in charge, they have obtained the necessary experience to safely carry out the activities covered by the endorsement.Display visitorTo obtain a fireworks operator certificate (display visitor), a person must reside outside Canada and must have the experience necessary to safely carry out the activities of a holder of a fireworks operator certificate (display assistant).SOR/2016-75, ss. 38, 44(F)
Application
Applying for certificateAn applicant for a fireworks operator certificate (display assistant) 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 and documents:the applicant’s name, date of birth, address, telephone number and email address;the name of any organization of fireworks operators to which the applicant belongs;a photograph of the applicant taken within the previous 12 months; andproof that the applicant has successfully completed the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.Late submission of proofAn applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.Display supervisorAn applicant for a fireworks operator certificate (display supervisor) 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 and documents:the applicant’s name, date of birth, address, telephone number and email address;[Repealed, SOR/2024-77, s. 132]the number and expiry date of the applicant’s fireworks operator certificate;[Repealed, SOR/2024-77, s. 132]a copy of the applicant’s work journal that sets outthe date and place of each fireworks display at which the applicant has worked and a description of the fireworks used,the capacity in which the applicant acted at each fireworks display, andthe name of the display supervisor in charge at each fireworks display; anda letter of recommendation that is signed by the display supervisor in charge of a fireworks display in which the applicant participated and that attests that the applicant is competent to act as a display supervisor.EndorsementsIn an application for a fireworks operator certificate (display supervisor with endorsement), in addition to providing the information and documents referred to in subsection (3), the applicant must establish that they have acted as a display supervisor in charge in at least three fireworks displays within the previous five years and,for a large shell endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of large shells and which attests that the applicant is able to safely use the shells;for a nautical effects endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of nautical effects and which attests that the applicant is able to safely use the effects;for a flying saucer endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of flying saucers and which attests that the applicant is able to safely use flying saucers;for a rooftop site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a rooftop and which attests that the applicant is able to safely fire from a rooftop site;for a bridge site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a bridge and which attests that the applicant can safely fire from a bridge site;for a flatbed site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a flatbed and which attests that the applicant can safely fire from a flatbed site; orfor a floating platform site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display in which the applicant was trained to fire fireworks from a floating platform and which attests that the applicant can safely fire from a floating platform site.Display visitorAn applicant for a fireworks operator certificate (display visitor) 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 and documents:the applicant’s name, date of birth, address, telephone number and email address;[Repealed, SOR/2024-77, s. 132][Repealed, SOR/2024-77, s. 132]a copy of the applicant’s resumé that sets out the displays in which they have used display fireworks and the people and organizations for which they have worked;a list of the fireworks displays in which they plan to participate while in Canada and the dates of the events; andthe name, telephone number and number of the fireworks operator certificate of the supervisor in charge at each fireworks display in which they plan to participate.FeesAn applicant for a fireworks operator certificate or for a modification to, or change of, a certificate must pay the applicable fees set out in Part 19.SOR/2016-75, s. 38SOR/2024-77, s. 132
Acquisition and Storage
AcquisitionA user may acquire fireworks, whether or not they hold a licence, if they hold a fireworks operator certificate with the endorsements required for the use of the fireworks to be acquired. A user who acquires fireworks must comply with this Division.SOR/2024-77, s. 133
Storage — licence holderA user who holds a licence must store their fireworks in the magazine specified in their licence.Electric matchesA user must not store electric matches in a magazine in which other fireworks are stored.
Storage — display supervisor in chargeA user who is the display supervisor in charge of a display, whether or not they hold a licence, may store the fireworks to be used in a display –– to a maximum of 500 electric matches and 100 kg of other fireworks — in a storage unit if they obtain the written approval of the local authority to do so. The user must ensure that the requirements in section 427 are met.SOR/2018-231, s. 39SOR/2022-121, s. 4
Storage requirements — storage unitWhen fireworks are stored in a storage unit,the storage unit must be located away from flammable substances and sources of ignition;the interior of the storage unit must be kept clean and dry;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;the storage unit must be attended when it is unlocked;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);only type F explosives, other than electric matches, may be stored with display fireworks;electric matches must be stored separately from other explosives (for example, on different shelves or separated by a wooden barrier);precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.[Repealed, SOR/2024-77, s. 134]SOR/2022-121, s. 4SOR/2024-77, s. 134
Use
Display assistant and display visitorA user may use fireworks if they hold a fireworks operator certificate (display assistant) or a fireworks operator certificate (display visitor) and use them under the direct supervision of the display supervisor in charge.
Display supervisorA user may use fireworks other than aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) and fire them from a site other than a rooftop, bridge, flatbed or floating platform.Endorsement requiredA user mayuse aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement; andfire fireworks from a rooftop site, bridge site, flatbed site or floating platform site if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement.
Reuse of packaging — userA user must ensure that any packaging or container that has been used for fireworks is not reused unlessthe transport classification of the fireworks to be transported remains unchanged;the fireworks to be transported are arranged in the packaging or container so as to minimize their movement during transport;the packaging or container is closed for transport in the same manner as it was for its first use;the mass of the fireworks is equal to or less than the mass of the fireworks during the first use of the packaging or container; andthe packaging or container shows no signs of damage, contamination or reduced strength.SOR/2024-77, s. 135
Supervision of a Fireworks Display
Definition of firing siteIn this subdivision, firing site means the area within a display site where the fireworks are set up and fired.
Display supervisor in chargeEvery person who organizes a fireworks display must ensure that it is supervised by a display supervisor in charge.ResponsibilitiesThe display supervisor in charge must ensure that the display is carried out safely and that the requirements in sections 432 to 438 are met.
PlanA fireworks display plan must be prepared in writing and kept for two years after the date of the display. The plan must include the following information:the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate;the location of any storage units in which the fireworks to be displayed will be stored before or after the display;a description of the display site, including the distance in metres from the firing site to the nearest spectators, buildings, structures and vulnerable sites;the type of fireworks to be used;the diameter in millimetres of the largest aerial shell to be used or, if no aerial shells are to be used, the maximum height the fireworks will reach during the display;the quantity of fireworks to be used;a description of how the fireworks will be positioned within the firing site and how they will be fired;a description of the crowd-control measures that will be taken; andan assessment of the likelihood of harm to people and property resulting from the use of the fireworks.ApprovalThe plan must be submitted to the local authority. The written approval of the local authority to hold the fireworks display must be obtained before the display takes place.Safety meetingsMeetings must be held with the people who will participate in presenting the fireworks display (for example, security guards and technicians) to inform them of the fireworks that will be used and the safety precautions to be taken during the display. Subsequent meetings must be held if the display is changed in a way that increases the likelihood of harm to people or property resulting from the use of the fireworks.SOR/2016-75, s. 39; SOR/2018-231, s. 40SOR/2022-121, s. 4SOR/2024-77, s. 136(E)
Fireworks to be attendedThe fireworks must be attended when they are not in a storage unit or a magazine.SOR/2022-121, s. 4
Loading zoneWhen the fireworks are brought to the firing site, a loading zone must be established whose outer boundary is at least 30 m from the perimeter of the firing site. A smaller loading zone may be established only with the written approval of the local authority.FlammablesThe loading zone must not contain any flammables or other items that are likely to catch fire.Fallout zoneBefore the continuity of the circuits is tested or, in the case of manually fired fireworks, before the first firework is fired, a fallout zone must be established that encompasses the area in which fireworks debris is likely to fall, taking into account the properties of the fireworks to be used, the angle from which they will be fired and the anticipated weather conditions.AccessOnly people authorized by the display supervisor in charge may enter or be in the loading zone or the fallout zone from the time any fireworks are brought into the zone until the supervisor in charge declares the zone to be free of explosives.HandlingOnly a person who holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor), fireworks operator certificate (display supervisor with endorsement) or fireworks operator certificate (display visitor) and is authorized by the display supervisor in charge may handle fireworks in the loading zone or fallout zone.No smokingSmoking must be prohibited in the loading zone.SOR/2016-75, s. 35; SOR/2018-231, s. 41SOR/2022-121, s. 4SOR/2024-77, s. 137
Fire prevention and first aidDuring the fireworks display, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.
Firing proceduresFireworks must be positioned and aimed so that after firing they will not cross over or burst directly above the spectators and any debris from the fireworks will fall within the fallout zone.Aerial shellsWhen aerial shells are fired,the mortars and mortar racks that are used to fire the shells must be robust, in sound condition and otherwise safe and effective;the mortars and mortar racks must be assembled, arranged and secured in a manner that minimizes the likelihood of harm to people and property if there is a premature explosion of a shell;any support structures must be secured so that they do not fall over when a shell is fired; andmulti-break shells in racks, report shells and shells with a diameter of more than 155 mm must be fired with electric matches.Access to firing unitOnly the display supervisor in charge, or a person designated by the display supervisor in charge, may have access to a firing unit.Physical keying deviceThe display supervisor in charge, or a person designated by the display supervisor in charge, must have control of any physical keying device at all times.Safety interlockAll firing units must be equipped with a safety interlock that has at least two steps.Extraneous electricityPrecautions must be taken that minimize the likelihood of extraneous electricity igniting an electric match.Firing system — requirementIf fireworks are electrically fired, the display supervisor in charge must ensure that the firing system is secured at all times to prevent accidental ignition.Damaged fireworksFireworks that are damaged, leaking, damp or contaminated must not be used.No firingFireworks must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.Postponing or stopping displayA fireworks display must be postponed or stopped if unfavourable weather conditions develop, a firework malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.SOR/2024-77, s. 138
Firing unit disconnectedThe firing unit must be disconnected immediately after the fireworks display as well as during a pause in the display if keeping the unit connected could increase the likelihood of harm to people or property. When a unit is disconnected, any physical keying device must be removed and kept in the possession of the display supervisor in charge or a person designated by the display supervisor in charge.Electrical firingThe firing site must not be approached until 30 minutes after the display has ended if any fireworks used in the display were fired with an electric match.Manual firingMisfired fireworks must not be approached until 30 minutes after the display has ended if the fireworks used in the display were manually fired.PrecautionsPrecautions must be taken that minimize the likelihood of harm to people and property from misfired fireworks.SearchAs soon as the circumstances permit after the periods referred to in subsections (2) and (3), the fallout zone must be searched and all explosives must be removed.AccessAfter the display, only people designated to do a search by the display supervisor in charge may enter or be in the fallout zone until the display supervisor in charge declares the zone to be free of explosives.Second searchThe fallout zone must be searched a second time as soon as light and weather conditions permit if, at the time of the first search conducted under subsection (5) light and weather conditions were insufficient to ensure that all explosives were removed.SOR/2016-75, s. 36(E)SOR/2022-121, s. 4SOR/2024-77, s. 139
Record of useA record of the display must be made in a logbook that sets out the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded display. The record must include the following information and documents:a copy of the fireworks display plan prepared for the display;a copy of the local authority’s approval to hold the display;the name and address of every person who worked at the display under the supervision of the display supervisor in charge; anda description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with.SOR/2022-121, s. 4
Record of licence holderWhen a fireworks display is held on behalf of a licence holder, the licence holder must keep a record of the display for two years after the date of the display. The record must include the following information and documents:the licence holder’s name and address and the number and expiry date of the licence;a copy of the local authority’s approval to hold the display;the name of the display supervisor in charge and the number and expiry date of their fireworks operators certificate;the product name and diameter of each firework used and the name of the person who obtained its authorization;the quantity of fireworks used under each product name; andthe date and site of the display.SOR/2016-75, s. 39; SOR/2018-231, ss. 44(F), 45(E)SOR/2022-121, s. 4
FirecrackersRules for Sellers
SaleA seller may sell firecrackers to a buyer who provides the seller with a copy of their firecracker use certificate. However, the quantity of firecrackers sold must not exceed the quantity that the buyer is authorized by their certificate to use.
Record of saleA seller must keep a record of every sale of firecrackers for two years after the date of the sale. The record must include the following information and documents:the buyer’s name and address;a copy of the buyer’s firecracker use certificate;the quantity of firecrackers sold; andthe date of the sale.
Unused or misfired firecrackersA seller must accept any unused or misfired firecrackers that are returned.
Rules for UsersFirecracker Use Certificate
CertificateTo obtain a firecracker use certificate, a person must demonstrate to the Minister that they are able to safely use firecrackers and that precautions will be taken that minimize the likelihood of harm to people and property resulting from their use.SOR/2016-75, s. 38
Application for certificateAn applicant for a firecracker use 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:the applicant’s name, date of birth, address and telephone number;a description of their past experience using firecrackers;the quantity of firecrackers that the applicant intends to use and the time, date and site of use;a copy of the local authority’s written approval to use the firecrackers; anda description of the safety precautions that will be taken when using the firecrackers.SOR/2022-121, s. 4
Acquisition and Storage
AcquisitionA user may acquire, store and use firecrackers, whether or not they hold a licence, if they hold a firecracker use certificate. A user who acquires firecrackers must comply with this subdivision.
Storage — licensed userA user who holds a licence must store their firecrackers in the magazine specified in the licence.Storage — unlicensed userA user who does not hold a licence must store their firecrackers in a dwelling or a storage unit and ensure that the requirements of sections 447 and 448 are met.SOR/2022-121, s. 4
Maximum quantityNo more than five cases of firecrackers — not exceeding 16 000 firecrackers per case — may be stored at any one time.
Storage requirements — dwellingWhen firecrackers are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the firecrackers against theft and ensures that access to them is limited to people authorized by the user.Storage requirements — storage unitWhen firecrackers are stored in a storage unit,the storage unit must be located in a dry place, away from flammable substances and sources of ignition;the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;if the storage unit is a container, it must not impede exit in case of fire;if the storage unit is not a container, all exits must be kept unobstructed;any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);nothing other than firecrackers may be stored in the storage unit;the storage unit must be attended when it is unlocked;the storage unit must be kept clean, dry, organized and free of grit;any spill, leakage or other contamination in the storage unit must be cleaned up immediately;precautions that minimize the likelihood of fire in or near the storage unit must be taken; anda sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.SOR/2022-121, s. 4
Use
Approval requiredBefore using firecrackers, a user must obtain written approval from the local authority.PrecautionsWhen using firecrackers, the user must take the following precautions:non-flammable clothing and protective equipment that minimizes the likelihood of harm to the user must be worn; andat least one fire extinguisher with a capacity of at least 3–A :60–B:C must be easily accessible.Misfired firecrackersA user must remove any misfired firecrackers from the site of use as soon as the circumstances permit after the display.Firecrackers to be returnedA user must return all misfired and unused firecrackers to the seller as soon as the circumstances permit after the date of use specified in the firecracker certificate.SOR/2022-121, s. 4
Fees
OverviewThis Part sets out the fees payable for obtaining authorizations, permits, licences and certificates.
DefinitionsThe following definitions apply in this Part.distribution establishment has the same meaning as in section 144. (établissement de distribution)division 1 factory licence has the same meaning as in section 55. (licence de fabrique de la section 1)manufacturing certificate has the same meaning as in section 106. (certificat de fabrication)mobile process unit has the same meaning as in section 56. (unité de fabrication mobile)process unit has the same meaning as in section 56. (unité de fabrication)retail establishment has the same meaning as in section 144. (établissement de vente au détail)user magazine licence has the same meaning as in section 144. (licence de poudrière (utilisateur))user magazine zone licence has the same meaning as in section 144. (licence de poudrière (utilisateur-zone))vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))
NEQIn this Part, NEQ means net explosive quantity (the mass of the explosive excluding the mass of any packaging or container).SOR/2022-121, s. 4
FeesThe fees to be paid for obtaining the authorizations, licences, permits and certificates set out in column 1 of the table to this section are set out in column 2.Payment deadlineThe fees are payable at the time the application is submitted. However, the fees referred to in items 1 and 3 of the table are payable within 30 days after the date of the invoice from the Department of Natural Resources.TABLEColumn 1Column 2ItemAuthorization, Permit, Licence or CertificateFeesAuthorization of an explosive:1Authorization for an indefinite period$12 for each explosive, subject to a minimum fee per application of $125 and a maximum fee of $2,500 per year, plusfor an explosive manufactured in Canada, $4 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $1,250 per year, andfor an explosive manufactured outside Canada, $15 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $2,500 per year2Authorization for a specified period, for use other than at a special event, tour or international competition$1503Authorization for a specified period for use at a special event, tour or international competition$500 for each pyrotechnic event or fireworks display, subject to a maximum fee of $2,500 for events or displays that are part of the same special event, tour or international competitionPermit to import explosives:4Single use permit$1605Annual permit$160 plus $20 for each 1 000 kg NEQ imported, subject to a maximum fee of $1,300, calculatedon the basis of the estimated maximum quantity to be imported during the year, for an initial application, andon the basis of the quantity imported during the most recent year of importation, for any subsequent applicationFactory licence:6Initial division 1 factory licence to manufacture blasting or military explosivesSubject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of$800 for each process unit,$800 for each mobile process unit,$17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and$225 for each detonator magazine7Renewal of a division 1 factory licence to manufacture blasting or military explosivesSubject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of$575 for each process unit,$575 for each mobile process unit,$17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and$225 for each detonator magazine8Division 1 factory licence to manufacture any other explosives, and any other factory licenceSubject to a minimum fee of $800 and a maximum fee of $3,000, the total of$800 for each process unit, and$17 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQVendor magazine licence:9Vendor magazine licence to store high explosives or initiation systemsThe total of$25 for each 1 000 kg NEQ of storage limit increment of each magazine other than a detonator magazine, and$275 for each detonator magazine10Vendor magazine licence to store any other explosives$140 for each retail establishment;$350 for each distribution establishment; and$700 for each distribution establishment that repackages explosivesUser magazine licence:11User magazine licence to store high explosives or initiation systems, other than high explosives and initiation systems stored by law enforcement agencies$140 per magazine, subject to a minimum fee of $28012User magazine zone licence to store high explosives or initiation systems$200 per magazine, subject to a minimum fee of $40013User magazine licence to store any other explosives, other than explosives stored by law enforcement agencies$70Manufacturing certificate:14Certificate to manufacture blasting explosives$200 per month, subject to a minimum fee of $800 and a maximum fee of $1,60015Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at a blast site$80016Any other manufacturing certificate$75Fireworks operator certificate:17Initial certificate$15018Modification to or change of certificate$10019Renewal of certificate$100
SOR/2018-231, s. 42SOR/2022-121, s. 4
Restricted Components
OverviewThis Part prescribes components of explosives for the purpose of the definition restricted component in section 2 of the Explosives Act, restricts the sale of those components and sets out the requirements for their sale and storage.SOR/2022-121, s. 3
DefinitionsThe following definitions apply in this Part.component seller means a person who sells a restricted component. (vendeur de composant)product seller means a person who manufactures a product, other than an explosive, for sale using a restricted component. (vendeur de produit)sell includes offer for sale. (vendre)SOR/2022-121, s. 3
Chief Inspector’s delegateThe duties and functions of the Chief Inspector of Explosives that are set out in subsections 467(1) and 468(1), section 488, subsections 489(1), 500(1) and 501(1) and sections 514 and 515 may be performed by an inspector designated by the Chief Inspector.SOR/2022-121, s. 3
Components
Prescribed componentsThe components set out in Tables 1 to 3 to this Part are prescribed for the purpose of the definition restricted component in section 2 of the Explosives Act.SOR/2022-121, s. 3
Tier 1 Requirements
DefinitionIn this Division, Tier 1 component means a restricted component set out in column 1 of Table 1 to this Part.SOR/2022-121, s. 3
Authorized Sale and Acquisition
SaleOnly a person who is authorized by this Division may sell a Tier 1 component.SOR/2022-121, s. 3
AcquisitionA Tier 1 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.SOR/2022-121, s. 3
Sale — use in laboratoriesAny person may sell a Tier 1 component for use in a laboratory that is part of or affiliated witha post-secondary educational institution recognized by a province;a hospital or health clinic; ora government or law enforcement agency.Sale — component sellerA component seller may sell a Tier 1 component. The component seller must comply with this Division.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 3
Acquisition — product sellerA product seller may acquire a Tier 1 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.SOR/2022-121, s. 3
Component Sellers and Product Sellers List
Component sellers listOnly a component seller who is on the component sellers list referred to in subsection 467(1) is authorized to sell a Tier 1 component.SOR/2022-121, s. 3
Application — component sellerThe component seller 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:the component seller’s name, address, telephone number and email address;the Tier 1 components to be sold;the address of each location where a Tier 1 component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; andthe name, address, telephone number and email address of a contact person for each location where a Tier 1 component will be stored or sold.Security planThe application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component will be stored or sold. The plan must includea description of the emergency procedures to be followed in responding to all risk events, including security-related events, and the title of the person who will be responsible for ensuring that each procedure is followed;a description of the measures to be taken to control access to the component, including control of keys;a description of the measures to be taken to control access to sales records;a description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock; anda description of the measures to be taken to ensure that the sale of the component will be refused if the quantity requested is not proportional to the buyer’s needs or if the component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.SOR/2022-121, s. 3SOR/2024-77, s. 140
Product sellers listOnly a product seller who is on the product sellers list referred to in subsection 468(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 1 component.SOR/2022-121, s. 3
Application — product sellerThe product seller 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:the product seller’s name, address, telephone number and email address;the product name of products that will be manufactured using a Tier 1 component and that will be sold;a list of the Tier 1 components that will be used in manufacturing the products;the address of each location where a Tier 1 component will be stored and the storage capacity for each component at each location; andthe name, address, telephone number and email address of a contact person for each location where a Tier 1 component will be stored.Security planThe application must also include a declaration that a security plan has been prepared for each location where the Tier 1 component will be stored. The plan must includea description of the emergency procedures to be followed in responding to all risk events, including security-related events, and the title of the person who will be responsible for ensuring that each procedure is followed;a description of the measures to be taken to control access to the component, including control of keys; anda description of the stock management system to be implemented and the title of the person who will be responsible for carrying out weekly inspections of the stock.SOR/2022-121, s. 3SOR/2024-77, s. 141
Listing of component sellerIf a component seller provides the information required by section 464, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.Duration of listingA listing is effective for five years after the date that is set out in the document.SOR/2022-121, s. 3
Listing of product sellerIf a product seller provides the information required by section 466, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.Duration of listingA listing is effective for five years after the date that is set out in the document.SOR/2022-121, s. 3
Notice of changeEvery component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.SOR/2022-121, s. 3SOR/2024-77, s. 142(F)
Rules for Component Sellers and Product Sellers
Responsibilities of component sellers and product sellersEvery component seller must ensure that the requirements set out in sections 471 to 487 are met at each location where they store or sell a Tier 1 component. Every product seller must ensure that the requirements set out in sections 471 to 480 are met at each location where they store a Tier 1 component.SOR/2022-121, s. 3
Authorized locationA Tier 1 component can only be stored at or sold from a location that has been disclosed in an application or in the notice of change referred to in section 469.SOR/2022-121, s. 3
NoticeThe local police force must be informed in writing of all locations where a Tier 1 component is to be stored or sold.SOR/2022-121, s. 3
Locked structuresAny structure that contains a Tier 1 component and every door, window or other point of access to a building in which the component is stored must be locked when it is not attended.Key control planA key control plan must be prepared in writing and implemented.LightingAll main entrances to a building in which a Tier 1 component is stored must be lit at all times outside business hours.SOR/2022-121, s. 3
Security planThe security plan of a component seller or product seller must be implemented and must be updated every 12 months.SOR/2022-121, s. 3
SignA sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a Tier 1 component is stored.AccessAccess to a Tier 1 component must be limited to people authorized by the component seller or product seller.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 3
Employee listA list of the employees who work at each location where a Tier 1 component is stored or sold must be kept at that location.SOR/2022-121, s. 3
VerificationWhen a Tier 1 component is received,the quantity of the component that is received must be compared with the quantity that is recorded on the bill of lading;any signs of tampering with the vehicle or rail car in which the component is shipped and any signs of attempted theft of that component must be recorded, and the record must be kept for two years after the date on which it is made;the person from whom the component was bought must be informed of any signs of tampering or attempted theft and any loss that is not attributable to normal operations; andthe cause of any loss of the component that is not attributable to normal operations must be recorded, and the record must be kept for two years after the date on which it is made.SOR/2022-121, s. 3
Stock managementA 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.AuditAn annual inventory audit of the component must be performed.Weekly inspectionsWeekly 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.SOR/2022-121, s. 3
Annual inventoryFor each calendar year, an inventory must be made and a record of the following information kept for two years:the listing number of the component seller or product seller;a record of the Tier 1 component that sets out, for each location where that component is stored or sold,the starting inventory,the quantity of the component that was manufactured,the quantity of the component that was acquired and the manner of acquisition,the quantity of the component that was used, sold, exported, destroyed, stolen or lost, as the case may be,the year-end inventory, andthe historical normal range of loss that is due to loss of water or mechanical abrasion; andthe name, address, telephone number and email address of the person who made the inventory.SOR/2022-121, s. 3SOR/2024-77, s. 143
Theft or tamperingIf any theft or attempted theft of, or tampering with, a Tier 1 component is discovered,the local police force must be informed immediately; anda written report of the incident must be submitted to the Chief Inspector of Explosives within 24 hours after the discovery.SOR/2022-121, s. 3
No saleA sale of a Tier 1 component must be refused ifthe quantity requested is not proportional to the buyer’s needs; orthe component seller or their employee has reasonable grounds to suspect that the component will be used for a criminal purpose.ReportingEvery 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.SOR/2022-121, s. 3
IdentificationBefore a Tier 1 component is sold, the buyer must be required to establish their identity by providingif 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;if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; andin all other cases,a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer,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,the buyer’s provincial pesticide licence,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,proof of the buyer’s Ontario Federation of Agriculture number, orproof of the buyer’s registration under the Controlled Goods Regulations.SOR/2022-121, s. 3
IntermediaryA 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.SOR/2022-121, s. 3
Record of saleA 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:the buyer’s name, address and telephone number;the date of the sale;the bill of lading, sales receipt or similar document;the type of document provided under section 482 and the document’s reference number;the product name of the component sold;the quantity of the component sold under each product name;an indication of whether the component was sold in bulk or in packages;if the component was sold in packages, the weight or volume of each package;a description of how the component will be used;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; andif 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).Annual sales contractIn 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.AccessThe 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.ExceptionSubsections (1) to (3) only apply if the quantity of a Tier 1 component sold is more than 1 kg.SOR/2022-121, s. 3
Shipping — vehicleWhen more than 1 kg of a Tier 1 component is shipped by vehicle,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; andthe driver of the vehicle must be provided with a written notice stating thatthe component is to be attended unless the vehicle is either parked in a secure location or the vehicle and load are locked up,the driver is to inspect all locks and, if seals are present, inspect all seals at each stop and at the final destination, andthe 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.Shipping — railWhen a Tier 1 component is shipped by rail,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; anda 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.SOR/2022-121, s. 3
NoticeWhen 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 thatsecurity measures are to be taken to prevent the theft of the component;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; andthe resale of the component is prohibited.SOR/2022-121, s. 3
Responsibility of employeeAn employee of a component seller must refuse to sell a Tier 1 component ifthe quantity requested is not proportional to the buyer’s needs; orthe employee has reasonable grounds to suspect that the component will be used for a criminal purpose.SOR/2022-121, s. 3
Suspension and Removal
SuspensionIf 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.RemovalIf 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.SOR/2022-121, s. 3
Right to be heardBefore 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.ExceptionA component seller or a product seller is suspended automatically and without notice if they fail to submit the annual inventory required under section 479.SOR/2022-121, s. 3
ReviewWithin 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.Minister’s decisionThe Minister must confirm, revoke or amend the decision under review.SOR/2022-121, s. 3
Tier 2 Requirements
DefinitionIn this Division, Tier 2 component means a restricted component set out in column 1 of Table 2 to this Part.SOR/2022-121, s. 3
Authorized Sale and Acquisition
SaleOnly a person who is authorized by this Division may sell a Tier 2 component.SOR/2016-75, s. 39; SOR/2018-231, s. 44(F)SOR/2022-121, s. 3
AcquisitionA 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.SOR/2022-121, s. 3
Sale — use in laboratoriesAny person may sell a Tier 2 component for use in a laboratory that is part of or affiliated witha post-secondary educational institution recognized by a province;a hospital or health clinic; ora government or law enforcement agency.Sale — component sellerA component seller may sell a Tier 2 component. The component seller must comply with this Division.SOR/2022-121, s. 3
Acquisition — product sellerA product seller may acquire a Tier 2 component for the purpose of manufacturing products for sale. The product seller must comply with this Division.ExceptionThe 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.SOR/2022-121, s. 3
Component Sellers and Product Sellers List
Component sellers listOnly a component seller who is on the component sellers list referred to in subsection 500(1) is authorized to sell a Tier 2 component.SOR/2022-121, s. 3
Application — component sellerThe component seller 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:the component seller’s name, address, telephone number, fax number and email address;the components to be sold;the address of each location where a component will be stored or sold and the storage capacity or anticipated annual sales volume, as the case may be, for each component at each location; andthe name, address, telephone number, fax number and email address of a contact person for each location where a component will be stored or sold.SOR/2022-121, s. 3
Product sellers listOnly a product seller who is on the product sellers list referred to in subsection 501(1) is authorized to manufacture a product, other than an explosive, for sale using a Tier 2 component.SOR/2016-75, ss. 38, 44(F)SOR/2022-121, s. 3
Application — product sellerThe product seller 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:the product seller’s name, address, telephone number and email address;the product name of products that will be manufactured using a Tier 2 component and that will be sold;a list of the Tier 2 components that will be used in manufacturing the products;the address of each location where a Tier 2 component will be stored and the storage capacity for each component at each location; andthe name, address, telephone number and email address of a contact person for each location where a Tier 2 component will be stored.SOR/2022-121, s. 3SOR/2024-77, s. 144
Listing of component sellerIf a component seller provides the information required by section 497, the Chief Inspector of Explosives must include their name on the component sellers list, assign them a number and provide them with a document that certifies the number and effective date of listing.Duration of listingA listing is effective for five years after the date that is set out in the document.SOR/2022-121, s. 3
Listing of product sellerIf a product seller provides the information required by section 499, the Chief Inspector of Explosives must include their name on the product sellers list, assign them a number and provide them with a document that sets out the number and effective date of listing.Duration of listingA listing is effective for five years after the date that is set out in the document.SOR/2022-121, s. 3
Notice of changeEvery component seller and product seller must provide the Chief Inspector of Explosives with a written notice of any change to the information provided in an application within 10 days after the date of the change.SOR/2022-121, s. 3
Rules for Component Sellers and Product Sellers
Responsibilities of component sellers and product sellersEvery component seller must ensure that the requirements set out in sections 504 to 513 are met at each location where they store or sell a Tier 2 component. Every product seller must ensure that the requirements set out in sections 504 to 508 are met at each location where they store a Tier 2 component.SOR/2022-121, s. 3
Authorized locationA Tier 2 component can only be stored at or sold from a location that has been disclosed in an application or in the notice of change referred to in section 502.SOR/2022-121, s. 3
Locked componentA Tier 2 component must be locked up when it is not attended.SignA sign that warns against unauthorized access must be posted on the outside at each entrance to each location where a Tier 2 component is stored.AccessAccess to a Tier 2 component must be limited to people authorized by the component seller or product seller.SOR/2022-121, s. 3
Employee listA list of the employees who work at each location where a Tier 2 component is stored or sold must be kept at that location.SOR/2022-121, s. 3
Stock managementA stock management system must be put in place to account for a Tier 2 component that is under the control of the component seller or product seller.Weekly inspectionsWeekly 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 date on which the record is made.SOR/2022-121, s. 3
Theft or tamperingIf any theft or attempted theft of, or any tampering with, a Tier 2 component is discovered,the local police force must be informed immediately;the Chief Inspector of Explosives must be informed within 24 hours after the discovery; anda written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.SOR/2022-121, s. 3
No saleThe sale of a Tier 2 component must be refused if the component seller has reasonable grounds to suspect that the component will be used for a criminal purpose.ReportingEvery refusal to sell the component under subsection (1) or section 513 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.SOR/2022-121, s. 3
IdentificationBefore a Tier 2 component is sold, the buyer must be required to establish their identity by providingif the buyer intends to use the component to manufacture an explosive and a licence or certificate is required for this purpose, the number of the buyer’s licence or certificate;if the buyer intends to sell the component, proof that the buyer is included on the component sellers list; orin all other cases,a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer,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,the buyer’s provincial pesticide licence,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,proof of the buyer’s Ontario Federation of Agriculture number,the buyer’s business licence or proof of the buyer’s corporate registration, orproof of the buyer’s registration under the Controlled Goods Regulations.SOR/2022-121, s. 3
IntermediaryA Tier 2 component may be sold to a buyer who is unable to establish their identity in accordance with section 510 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.SOR/2022-121, s. 3
Record of saleA record of each sale of a Tier 2 component must be kept for two years after the date of the sale. The record must include the following information and documents:the buyer’s name, address and telephone number;the date of the sale;the bill of lading, sales receipt or similar document;the type of document provided under section 510 and the document’s reference number;the product name of the component sold;the quantity of the component sold under each product name;an indication of whether the component was sold in bulk or in packages;if the component was sold in packages, the weight or volume of each package;a description of how the component will be used; andif the component was shipped, the date of reception and the quantity received.Annual sales contractIn 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.AccessThe 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.ExceptionSubsections (1) to (3) do not apply to the sale of a Tier 2 component set out in column 1 of Table 2 to this Part if the quantity sold is no more than the quantity set out for that component in column 2 of Table 2 to this Part.SOR/2022-121, s. 3
Responsibility of employeeAn employee of a component seller must not sell a Tier 2 component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.SOR/2022-121, s. 3
Suspension and Removal
SuspensionIf 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.RemovalIf 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.SOR/2022-121, s. 3
Right to be heardBefore 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.SOR/2022-121, s. 3
ReviewWithin 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, a component seller or product seller may send the Minister a written request for a review of the decision of the Chief Inspector of Explosives.Minister’s decisionThe Minister must confirm, revoke or amend the decision under review.SOR/2022-121, s. 3
Tier 3 Requirements
DefinitionIn this Division, Tier 3 component means a restricted component set out in column 1 of Table 3 to this Part.SOR/2022-121, s. 3
Authorized Sale
SaleA component seller may sell a Tier 3 component. The component seller must comply with this Division.SOR/2022-121, s. 3
Rules for Component Sellers
Theft or tamperingIf any theft or attempted theft of, or any tampering with, a Tier 3 component is discovered,the local police force must be informed immediately;the Chief Inspector of Explosives must be informed within 24 hours after the discovery; anda written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.SOR/2022-121, s. 3
No saleA sale of a Tier 3 component must be refused if the component seller has reasonable grounds to suspect that the component will be used for a criminal purpose.ReportingEvery refusal to sell the component under subsection (1) or section 521 must be reported to the Chief Inspector of Explosives and to the local police force within 24 hours after the refusal.SOR/2022-121, s. 3
Responsibility of employeeAn employee of a component seller must not sell a Tier 3 component if they have reasonable grounds to suspect that the component will be used for a criminal purpose.SOR/2022-121, s. 3
TABLE 1Tier 1 Restricted ComponentsColumn 1ItemName of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)1Ammonium nitrate (CAS RN 6484-52-2) in solid form at a concentration of at least 28% w/w of nitrogen in relation to ammonium nitrate2Calcium ammonium nitratethat is a mixture of the following essential ingredients:ammonium nitrate and calcium carbonate,ammonium nitrate and calcium magnesium carbonate, orammonium nitrate, calcium carbonate and calcium magnesium carbonate;that is prepared as homogeneous prills or granules;that has a maximum combustible material content, expressed as carbon, of 0.4% w/w; andthat has a minimum content of carbonates of 20% w/w at a minimum purity level of 90% w/w
TABLE 2Tier 2 Restricted ComponentsColumn 1Column 2ItemName of component (Chemical Abstracts Service Registry Number (CAS) RN)) and concentration expressed as a percentage by weight (w/w)Quantity1Hydrogen peroxide (CAS RN 7722-84-1) at a concentration of at least 30% w/w1 L2Nitromethane (CAS RN 75-52-5) at a concentration of at least 90% w/w1 L3Potassium chlorate (CAS RN 3811-04-9) at a concentration of at least 90% w/w1 kg4Potassium perchlorate (CAS RN 7778-74-7) at a concentration of at least 90% w/w10 kg5Sodium chlorate (CAS RN 7775-09-9) in solid form at a concentration of at least 90% w/w1 kg6Nitric acid (CAS RN 7697-37-2) at a concentration of at least 75% w/w4 L7Potassium nitrate (CAS RN 7757-79-1) at a concentration of at least 90% w/w25 kg8Sodium nitrate (CAS RN 7631-99-4) and potassium nitrate (CAS RN 7757-79-1) mixture at a concentration of at least 90% w/w25 kg9Sodium nitrate (CAS RN 7631-99-4) in solid form at a concentration of at least 90% w/w25 kg10Hexamethylenetetramine (CAS RN 100-97-0) at a concentration of at least 90% w/w0 kg11Aluminum powder (CAS RN 7429-90-5) in dry form, at a concentration of at least 70% w/w and with a particle size of less than 200 μm1 kg
TABLE 3Tier 3 Restricted ComponentsColumn 1ItemName of component (Chemical Abstracts Service Registry Number (CAS RN)) and concentration expressed as a percentage by weight (w/w)1Acetone (CAS RN 67-64-1) at a concentration of at least 90% w/w2Ammonium nitrate (CAS RN 6484-52-2) in solid form at a concentration of at least 28% w/w of nitrogen in relation to ammonium nitrate, contained in a cold pack3Calcium ammonium nitratethat is a mixture of the following essential ingredients:ammonium nitrate and calcium carbonate,ammonium nitrate and calcium magnesium carbonate, orammonium nitrate, calcium carbonate and calcium magnesium carbonate;that is prepared as homogeneous prills or granules;that has a maximum combustible material content, expressed as carbon, of 0.4% w/w;that has a minimum content of carbonates of 20% w/w at a minimum purity level of 90% w/w; andthat is contained in a cold pack
SOR/2022-121, s. 3SOR/2024-772024-05-03SOR/2022-1212023-06-03