GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Explosives Act — E-17
transit means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination; ( transit )
Explosives Act — E-17 (a)
unmarked plastic explosive means a plastic explosive that (a) does not contain a detection agent, or (b) at the time of manufacture, does not contain the required minimum concentration level of a detection agent as set out in the Table to Part 2 of the Technical Annex to the Convention; ( explosif plastique non marqué )
Explosives Act — E-17
vehicle means any truck, automobile or other conveyance for use on land but does not include any vehicle running only on rails to which Part III of the Canada Transportation Act applies. ( véhicules )
Explosives Act — E-17 3
Application of Act 3 Except as provided by the regulations, this Act does not apply to or in respect of any explosives under the direction or control of the Minister of National Defence. R.S., c. E-15, s. 3
Explosives Act — E-17 4
Binding on Her Majesty 4 Subject to section 3, this Act is binding on Her Majesty in right of Canada or a province. R.S., c. E-15, s. 3
Explosives Act — E-17 5
of Parliament or regulations made thereunder, respecting the safety of any person engaged in the transportation of explosives; (i.1) respecting security standards and security measures relating to explosives and restricted components; (j) governing the establishment, location and maintenance of factories and magazines and the making, manufacture and storage of explosives; (k) for the blending of the inexplosive components of an authorized explosive, and specifying the conditions under which the blending may be done; (l) limiting the amount of authorized explosives that may be kept in places other than licensed factories and licensed magazines, and prescribing the manner in and conditions on which it shall be handled and stored in those places; (l.1) respecting record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture and illicit trafficking of explosives; (m) respecting the acquisition, possession and sale of explosives and restricted components; and (n) prescribing the circumstances in which explosives shall for the purposes of this Act be deemed to be or not to be under the direction or control of the Minister of National Defence. R.S., 1985, c. E-17, s. 5; 1993, c. 32, s. 3; 1995, c. 35, s. 2; 2004, c. 15, s. 37; 2015, c. 3, s. 82(F)
Explosives Act — E-17 6
Manufacture, use, etc. 6 Except as authorized under this Act and subject to such exemptions as may be provided by regulation, no person shall (a) make or manufacture any explosive, either wholly or in part, except in a licensed factory; (b) sell any authorized explosive unless that person is the operator of a licensed factory or licensed magazine and is authorized to sell explosives; (c) store any explosive in a magazine that is not a licensed magazine; (d) have in his possession any explosive; or (e) carry on, except in a licensed factory, any of the following processes, namely, (i) dividing an explosive into its components, or otherwise breaking up or unmaking any explosive, (ii) making fit for use any damaged explosive, or (iii) remaking, altering or repairing any explosive. R.S., 1985, c. E-17, s. 6; 2004, c. 15, s. 38(E)
Explosives Act — E-17 6.1
Manufacture of unmarked plastic explosives 6.1 (1) No person shall manufacture unmarked plastic explosives unless the explosives are (a) manufactured in limited quantities solely for use in such of the following activities as are authorized, in writing, by the Chief Inspector of Explosives, namely, (i) research, development or testing of new or modified explosives, (ii) training in explosives detection, or in the development or testing of explosives detection equipment, or (iii) forensic science activities; or (b) destined to be incorporated as an integral part of a military device in Canada within three years after the coming into force of this section. Transport and possession of unmarked plastic explosives (2) Subject to subsections (3) and (4), no person shall transport or possess unmarked plastic explosives unless the explosives are (a) transported or possessed in limited quantities solely for use as authorized in the manner referred to in paragraph (1)(a); or (b) destined to be and are incorporated as an integral part of a military device in Canada within three years after the coming into force of this section. Exception (3) Unmarked plastic explosives manufactured or imported into Canada before the day on which this section comes into force may, in accordance with the regulations, be transported or possessed by (a) a person who performs military or police functions, during the period that begins on the coming into force of this section and ends fifteen years later; or (b) any other person, during the period that begins on the coming into force of this section and ends three years later. Importation or exportation of unmarked plastic explosives (4) No person shall import or export unmarked plastic explosives unless the explosives are incorporated as an integral part of a military device. 1995, c. 35, s. 3
Explosives Act — E-17 6.2
Illicit trafficking, etc. 6.2 No person shall knowingly (a) engage in illicit trafficking; or (b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive. 2004, c. 15, s. 39
Explosives Act — E-17 7
Licences and permits 7 (1) The Minister may issue (a) licences for factories and magazines; (b) permits for vehicles used for the transportation of explosives; and (c) certificates for carrying out, on an occasional and temporary basis, activities relating to the manufacture, testing or storage of explosives or the use of fireworks or the training of persons in the use of fireworks. Additional conditions (2) The Minister may make any licence, permit or certificate referred to in subsection (1) subject to any term or condition, in addition to those prescribed by the regulations, that the Minister considers necessary for the protection of any person or property, including, without limiting the generality of the foregoing, compliance with security or safety standards in respect of any factory or magazine or any class thereof that are supplementary to but not inconsistent with those provided for under paragraph 5(g.1). R.S., 1985, c. E-17, s. 7; 1993, c. 32, s. 4
Explosives Act — E-17 8
Inexplosive component parts 8 Notwithstanding anything in this Act, the Governor in Council, on the recommendation of the Minister, accompanied by a certificate from the Chief Inspector of Explosives approving of the nature of the components and of the final explosive product, may allow the inexplosive component parts of an authorized explosive to be assembled and blended at or near the place of use. R.S., c. E-15, s. 8
Explosives Act — E-17 9
Permits 9 (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada, of explosives. No import, export or transport without permit (2) Except as provided by the regulations, no person shall, without a permit issued under this section, import or export, or transport in transit through Canada, any explosive. Evidence of financial responsibility (3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada, of any explosive and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister. R.S., 1985, c. E-17, s. 9; 1993, c. 32, s. 5; 2001, c. 4, s. 80(E); 2004, c. 15, s. 40
Explosives Act — E-17 10
Applications 10 An application for a licence, permit or certificate issued pursuant to section 7 or a permit issued pursuant to section 9 shall be made in such manner and be accompanied by such information and other material as are prescribed by the regulations. R.S., 1985, c. E-17, s. 10; 1993, c. 32, s. 6
Explosives Act — E-17 10.1
Form 10.1 Licences, permits and certificates issued pursuant to section 7 and permits issued pursuant to section 9 shall be in the form prescribed by the Minister. 1993, c. 32, s. 6
Explosives Act — E-17 11
No alterations without a permit 11 (1) The operator of a factory, magazine or vehicle for which a licence or permit has been issued under section 7 shall not, (a) in the case of a factory or magazine, relocate or make any alteration or addition to the factory or magazine or rebuild any part thereof, or (b) in the case of a vehicle, make any alteration to the vehicle until the operator has obtained written authority therefor from the Minister. Emergency situations (2) Notwithstanding subsection (1), an operator referred to in that subsection may undertake any of the activities referred to therein with the approval of the Minister granted by any means where, in the opinion of the Minister, extraordinary circumstances exist for doing so or it is necessary to do so for the protection of any person or property. R.S., 1985, c. E-17, s. 11; 1993, c. 32, s. 7
Explosives Act — E-17 12
Cessation of use where a special danger 12 The Minister may require the operator of any factory or magazine or the operator of any vehicle in which an explosive is being conveyed to stop using, or to use only under and subject to conditions specified by the Minister, any building, structure or vehicle that, from its location or from the nature of the processes carried on therein, constitutes, in the opinion of the Minister, a special danger. R.S., c. E-15, s. 12; 1974-75-76, c. 60, s. 6
Explosives Act — E-17 13
Appointment 13 (1) There may be appointed in the manner authorized by law a Chief Inspector of Explosives, together with such other inspectors and chemists as are necessary for the carrying out of this Act. Inspectors without remuneration (2) The Governor in Council may appoint, in addition to the inspectors appointed under subsection (1), such other inspectors and deputy inspectors, without remuneration, as the Governor in Council considers necessary for the carrying out of this Act. R.S., c. E-15, s. 14
Explosives Act — E-17 14.1
Seizure 14.1 (1) If, in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive or any restricted component (a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence. Storage (2) The seized explosive or restricted component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage. Storage (3) The explosive or restricted component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure. Prohibition (4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive or a restricted component that is seized and detained under this Act. 1993, c. 32, s. 8; 2004, c. 15, s. 42
Explosives Act — E-17 14.2
Safety measures 14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives or restricted components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention. 1993, c. 32, s. 8; 2004, c. 15, s. 42
Explosives Act — E-17 14.3
Assistance to inspector 14.3 The operator of a place entered by an inspector pursuant to subsection 14(1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act, and shall furnish the inspector with any information the inspector may reasonably require with respect to the administration of this Act and the regulations. 1993, c. 32, s. 8
Explosives Act — E-17 14.4
Detention 14.4 (1) An explosive or a restricted component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry, it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it. Continued detention (2) If proceedings are instituted in relation to a seized explosive or restricted component, the explosive or restricted component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2). 1993, c. 32, s. 8; 2004, c. 15, s. 43(E)
Explosives Act — E-17 14.5
Application for return 14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned. Order (2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it. 1993, c. 32, s. 8; 2004, c. 15, s. 44
Explosives Act — E-17 14.6
Consent to forfeiture 14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada. 1993, c. 32, s. 8; 2004, c. 15, s. 44
Explosives Act — E-17 15
Minister may direct inquiry 15 (1) The Minister may direct an inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act , whenever any accidental explosion of any explosive has occurred, or when any accident has been caused by an explosive. Authority of person appointed to inquire (2) The person authorized by the Minister to conduct an inquiry under subsection (1) has all the powers and authority of a commissioner appointed under Part I of the Inquiries Act . (3) [Repealed, 1989, c. 3, s. 42] Where provincial inquiry provided (4) This section does not apply where an accident has been caused by an explosion of an explosive occurring in any mine or quarry or metallurgical work in a province in which provision is made by the law of that province for a proper and thorough investigation and inquiry into the cause of such an accident. R.S., 1985, c. E-17, s. 15; 1989, c. 3, s. 42
Explosives Act — E-17 16
Offences 16 (1) Every person who (a) fails to permit an inspector to enter any place or to inspect, examine or make inquiries in pursuance of the inspector’s duties, (b) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, in respect of which no appeal has been taken under section 17, (c) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, as amended or confirmed by the Minister pursuant to section 17, or (d) in any manner whatever, obstructs an inspector in the execution of the inspector’s duties under this Act, is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both. Certificate of Minister as evidence (2) In any prosecution under paragraph (1)(b) for failure to comply with an order, direction or requirement of an inspector, a certificate purporting to have been signed by or on behalf of the Minister stating that no appeal in respect of the order, direction or requirement has been taken under section 17 shall be received in evidence as proof, in the absence of evidence to the contrary, of that fact. Idem (3) In any prosecution under paragraph (1)(c) for failure to comply with an order, direction or requirement of an inspector as amended or confirmed by the Minister, a certificate purporting to have been signed by or on behalf of the Minister stating (a) that the Minister has amended or confirmed the order, direction or requirement of the inspector, and (b) the terms of the order, direction or requirement as amended or confirmed, shall be received in evidence as proof, in the absence of evidence to the contrary, of the matters set out in the certificate. R.S., 1985, c. E-17, s. 16; 1993, c. 32, s. 9
Explosives Act — E-17 17
Appeal to Minister 17 A person who is dissatisfied with an order, direction or requirement of an inspector made in pursuance of this Act or any regulation may, within fifteen days after the day on which the order, direction or requirement was made, submit the facts respecting the order, direction or requirement to the Minister for the Minister’s consideration and decision, and the Minister may confirm, revoke or amend the order, direction or requirement. R.S., c. E-15, s. 17
Explosives Act — E-17 18
Trespassing 18 Every person who without permission or lawful authority enters or is otherwise found in or about any factory or magazine or any vehicle in which an authorized explosive is being conveyed is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, and may be forthwith removed therefrom by any peace officer or by any person employed at the factory or magazine or the operator of the vehicle, as the case may be. R.S., 1985, c. E-17, s. 18; 1993, c. 32, s. 10
Explosives Act — E-17 19
False information or application 19 No person shall (a) in or with respect to an application for a licence, permit, or certificate under section 7 or a permit under section 9, submit any false or misleading information or make any false or misleading statement; or (b) make such an application that, by reason of any non-disclosure of facts, is false or misleading. R.S., 1985, c. E-17, s. 19; 1993, c. 32, s. 10
Explosives Act — E-17 20
Acts likely to cause explosion or fire 20 Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. R.S., 1985, c. E-17, s. 20; 1993, c. 32, s. 10; 2004, c. 15, s. 45
Explosives Act — E-17 21
Possession, etc. 21 (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. No offence (2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations. R.S., 1985, c. E-17, s. 21; 1993, c. 32, s. 11; 2004, c. 15, s. 45, c. 25, ss. 139(E), 208(E)
Explosives Act — E-17 21.1
Continuing offence 21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. 2004, c. 15, s. 45
Explosives Act — E-17 22
General punishment 22 (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable (a) for a first offence, to a fine not exceeding fifty thousand dollars; and (b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars. Arrest without warrant (2) For the purpose of this Act, a peace officer may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant. Additional fine (3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the person acquired any monetary benefits or that monetary benefits accrued to the person, order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimate of the amount of those monetary benefits. R.S., 1985, c. E-17, s. 22; 1993, c. 32, s. 12; 2004, c. 15, s. 46
Explosives Act — E-17 23
Disclosure of confidential information 23 (1) Subject to subsection (2) and the regulations, any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding five thousand dollars; or (b) on proceedings by way of indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both. Exceptions (2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law, or where the disclosure may reasonably be considered necessary for the protection of any person or property. R.S., 1985, c. E-17, s. 23; 1993, c. 32, s. 12; 2004, c. 15, s. 47
Explosives Act — E-17 23.1
Venue 23.1 An information in respect of an offence under this Act may be heard, tried or determined by any competent court of criminal jurisdiction in and for a province if the accused is resident, working or carrying on business within the territorial jurisdiction of that court even if the matter of the information did not arise in that territorial jurisdiction. 1993, c. 32, s. 12
Explosives Act — E-17 24
Limitation period 24 (1) Any proceedings under this Act may be instituted at any time within, but not later than, twelve months after the day on which the Minister becomes aware of the subject-matter of the proceedings. Certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it. R.S., 1985, c. E-17, s. 24; 2004, c. 15, s. 48