GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Explosives Regulations, 2013 — Explosives Regulations, 2013
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 )
Explosives Regulations, 2013 — Explosives Regulations, 2013
manufacturing has the same meaning as in section 53. ( fabriquer )
Explosives Regulations, 2013 — Explosives Regulations, 2013
misfire means the complete or partial failure of a charge to explode as planned. ( raté )
Explosives Regulations, 2013 — Explosives Regulations, 2013
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 )
Explosives Regulations, 2013 — Explosives Regulations, 2013
pyrotechnic event has the same meaning as in section 361. ( activité pyrotechnique )
Explosives Regulations, 2013 — Explosives Regulations, 2013
small arms cartridge has the same meaning as in subsection 268(1). ( cartouches pour armes de petit calibre )
Explosives Regulations, 2013 — Explosives Regulations, 2013
special effect pyrotechnics has the same meaning as in section 361. ( pièces pyrotechnique à effets spéciaux )
Explosives Regulations, 2013 — Explosives Regulations, 2013
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 )
Explosives Regulations, 2013 — Explosives Regulations, 2013
vendor magazine licence has the same meaning as in section 144. ( licence de poudrière (vendeur) )
Explosives Regulations, 2013 — (a)
vulnerable place refers to (a) any building in which people live, work or assemble; (b) public roads, railways and other transportation infrastructure; (c) pipelines and energy transmission lines; and (d) any place where a substance that increases the likelihood of a fire or explosion is likely to be stored. ( lieu vulnérable )
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Inspectors’ duties 7 Nothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act .
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Electronic notice 8 Any 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
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Overview 9 This 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
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Age restriction 10 (1) Unless otherwise indicated in these Regulations, a person must be at least 18 years old to carry out an activity involving an explosive. Exceptions (2) Subsection (1) does not apply to the following persons: (a) a person who acquires small arms cartridges for their own personal use; or (b) a 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. 4 SOR/2024-77, s. 4
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Requirement that explosives be authorized 11 A person may carry out an activity involving an explosive only if the explosive is authorized under Part 3. SOR/2022-121, s. 4
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Prohibited explosives 12 The following explosives are, in the opinion of the Minister, intrinsically unsafe and must not be acquired, possessed, used or sold: (a) trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); and (b) explosives containing chemicals that are not compatible with one another. SOR/2016-75, s. 38 SOR/2022-121, s. 4
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Sale or transfer 13 A person must not sell or otherwise transfer an explosive to another person if they have reasonable grounds to suspect that (a) the other person is not authorized by the Explosives Act or these Regulations to acquire the explosive; (b) the explosive will be used for a criminal purpose; or (c) the other person is under the influence of alcohol or another performance-diminishing substance. SOR/2022-121, s. 4
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Acquisition of restricted explosive 14 A person must not acquire an explosive that the Chief Inspector of Explosives has authorized with restrictions unless (a) if 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; (b) if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; or (c) if 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
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Performance-diminishing substance 15 A 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
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Smoking 16 A 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
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Alteration of markings 17 (1) A 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 quantity (2) However, 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
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False information 18 A 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.
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Knowledge of activity 19 A 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 to (a) prevent an accidental ignition; (b) limit the spread of any fire or the extent of any explosion; and (c) protect people from the effects of any fire or explosion. SOR/2022-121, s. 4
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Precautionary measures 20 A 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 to (a) prevent an accidental ignition; (b) limit the spread of any fire or the extent of any explosion; and (c) protect people from the effects of any fire or explosion. SOR/2022-121, s. 4
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Limiting access to explosives 21 A 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
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Use of fireworks 22 A person may use fireworks only for the purpose for which they were designed.
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Overview 23 This 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
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Chief Inspector’s delegate 24 The 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.
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Exemption from authorization 25 Despite section 11, the following activities involving an explosive may be carried out even though the explosives are not authorized: (a) 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; (b) 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; (c) 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; (d) the manufacture of black powder charges for ceremonial use; (e) the manufacture of small arms cartridges or black powder cartouches for personal use; (f) the assembly and use of special purpose pyrotechnics, as defined in section 361; (g) the sending of a sample of an explosive to the Chief Inspector of Explosives, at his or her request, for authorization testing; (h) the importation of an explosive, if the conditions set out in section 45 or 45.1 are met; (i) the exportation of an explosive, if the conditions set out in section 45 are met; (j) the transportation in transit of an explosive; (k) 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; and (l) the 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: (i) 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, and (ii) the 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. 4 SOR/2024-77, s. 5
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Period of authorization 26 (1) An explosive may be authorized for an indefinite period or for a specified period. Indefinite period (2) An 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 period (3) An 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. 2 SOR/2022-121, s. 4
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Applicant 27 The following people may apply to have an explosive authorized: (a) a person who proposes to manufacture the explosive; (b) a foreign manufacturer of the explosive; or (c) a person who has permission to apply from a manufacturer of the explosive. SOR/2022-121, s. 4
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Application for indefinite period 28 An 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: (a) the name, address, telephone number and email address of the applicant as well as of the manufacturer if the applicant is not the manufacturer; (b) a short description of the explosive and its properties, as well as its product name; (c) a description of the circumstances in which it will be used; (d) 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; (e) the composition of the explosive and the percent tolerance or range of each of its ingredients; (f) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients; (g) 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; (h) the anticipated classification of the explosive under section 36; (i) 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; (j) for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use; (k) a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale; (l) 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 ; (m) the information that will be printed on the explosive and its packaging; (n) 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; and (o) the 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. 2 SOR/2022-121, s. 4 SOR/2024-77, s. 6
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Application for specified period 29 An 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: (a) the name, address, telephone number and email address of the applicant as well as of the manufacturer if the applicant is not the manufacturer; (b) the period for which the authorization is requested; (c) a short description of the explosive and its properties, as well as its product name; (d) a description of the circumstances in which it will be used; (e) the quantity of the explosive that will be used during the period; (f) every location where it will be used; (g) in the case of a product trial, the location where the explosive will be manufactured; (h) 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; (i) the composition of the explosive and the percent tolerance or range of each of its ingredients; (j) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients; (k) for an explosive article, a description of its performance characteristics, the way in which it functions and instructions for its use; (l) a description of any packaging or container in which the explosive will be handled, used or displayed for sale; (m) 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 ; (n) 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; (o) the delivery system, if the explosive is to be transported in bulk; (p) the method to be used to destroy any of the explosive that is not used before the authorization expires; and (q) 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. SOR/2016-75, s. 3; SOR/2018-231, s. 3 SOR/2022-121, s. 4 SOR/2024-77, s. 7
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Application for specified period — other activities 30 An applicant for an authorization for a specified period, if the explosive is for use at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information: (a) the name, address, telephone number and email address of the applicant as well as of the manufacturer if the applicant is not the manufacturer; (b) a short description of the explosive and its properties, as well as its product name; (c) the transport classification issued by the country of origin; (d) the places and dates of the special event, tour or international competition at which the explosive will be used; (e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized; (f) the precautions that will be taken to minimize the likelihood of harm to people and property; and (g) the method to be used to destroy any of the explosive that is not used before the authorization expires. SOR/2016-75, ss. 4, 39; SOR/2018-231, ss. 4, 44(F) SOR/2022-121, s. 4 SOR/2024-77, s. 8
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Fees 31 The applicant for an authorization must pay the applicable fees set out in Part 19.
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Authorization for indefinite period 32 (1) The Chief Inspector of Explosives must authorize the use of an explosive for an indefinite period if the Chief Inspector determines, on the basis of the results of one or more of the following tests, that the explosive can be safely manufactured, handled, stored, transported, used and destroyed: (a) a test listed in the table to this Part that is conducted on the explosive; (b) a test listed in the table to this Part that is conducted on a similar explosive; or (c) a test that was conducted on this or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that is equivalent to a test listed in the table to this Part. Authorization with restrictions (2) The authorization must be given with restrictions if the Chief Inspector determines, based on the type, hazard classification, UN number and the circumstances in which the explosive will be used, that it can safely be used only by a specific person, body or class of people or bodies, or for a specific purpose. SOR/2022-121, s. 4
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Authorization for specified period 33 The Chief Inspector of Explosives must authorize an explosive for a specified period if the Chief Inspector determines, on the basis of the information in the application and the results of one or more of the following tests, that the explosive can be safely manufactured, handled, stored, transported, used and destroyed: (a) any sample testing; or (b) a test that was conducted on the explosive or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that the Chief Inspector of Explosives has determined is the equivalent to a test listed in the table to this Part. SOR/2022-121, s. 4 SOR/2024-77, s. 9
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Sample required 34 (1) If a sample of an explosive is required for a test listed in the table to this Part, the Chief Inspector of Explosives must notify the applicant, specify the quantity of the explosive required and indicate the address to which the sample may be sent. Sending sample (2) A person must not send a sample of an explosive for testing unless they have been requested to do so by the Chief Inspector. SOR/2022-121, s. 4
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Notice 35 (1) The Chief Inspector of Explosives must give the applicant written notice of whether the explosive has been authorized. Reasons (2) If the explosive has not been authorized, the notice must include the reasons for the refusal to authorize. Classification and restrictions (3) If the explosive has been authorized, the notice must include the following information: (a) the classification of the explosive; (b) in the case of an authorization for an indefinite period, any restrictions respecting the people or bodies or classes of people or bodies that may use the explosive and any restrictions respecting the purposes for which it may be used; (c) in the case of an authorization for a specified period, the period for which the explosive is authorized, the quantity authorized, the place of manufacture and the place of use; and (d) the date on which the explosive was authorized. SOR/2022-121, s. 4
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Classification of authorized explosives 36 (1) The Chief Inspector of Explosives must classify each authorized explosive by type, hazard category and UN number in accordance with this section. Type (2) Each authorized explosive is classified according to its intended use as one of the following types: (a) E — high explosives: (i) E.1 — blasting explosives, (ii) E.2 — perforating explosives, (iii) E.3 — special-application explosives; (b) I — initiation systems; (c) P — propellant powder: (i) P.1 — black powder and hazard category PE 1 black powder substitutes, (ii) P.2 — smokeless powder and hazard category PE 3 black powder substitutes; (d) C — cartridges: (i) C.1 — small arms cartridges, (ii) C.2 — blank cartridges for tools, (iii) C.3 — percussion caps; (e) D — military explosives and law enforcement explosives; (f) F — fireworks: (i) F.1 — consumer fireworks, (ii) F.2 — display fireworks, (iii) F.3 — special effect pyrotechnics, (iv) F.4 — fireworks accessories, (v) F.5 — novelty devices; (g) R — rocket motors: (i) R.1 — model rocket motors, (ii) R.2 — high-power rocket motors, (iii) R.3 — rocket motor accessories; or (h) S — special purpose explosives: (i) S.1 — low-hazard special purpose explosives, (ii) S.2 — high-hazard special purpose explosives. Hazard category (3) Each authorized explosive is also classified for the purposes of manufacturing and storage into one or more of the following potential effects (PE) categories, if applicable. The classification is made according to hazard, determined on the basis of manufacturing operations, the quantity of explosive and how the explosive will be packaged: (a) PE 1 — mass explosion hazard; (b) PE 2 — serious projection hazard but not a mass explosion hazard; (c) PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; or (d) PE 4 — fire hazard or slight explosion hazard, or both, with only local effect. UN number (4) Each authorized explosive may be assigned a UN number as set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations on the basis of its type, hazard category and the circumstances in which it will be used. SOR/2016-75, s. 37 SOR/2022-121, s. 4 SOR/2024-77, s. 10