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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2024-03-06 and last amended on 2018-11-02. Previous Versions

Amendments to These Regulations

Marginal note:Application — product seller

 The 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:

  • (a) the product seller’s name, address, telephone number, fax number and email address;

  • (b) the product name of products that will be manufactured using a Tier 2 component and that will be sold;

  • (c) a list of the Tier 2 components that will be used in manufacturing the products;

  • (d) the address of each location where a Tier 2 component will be stored and the storage capacity for each component at each location; and

  • (e) the name, address, telephone number, fax number and email address of a contact person for each location where a Tier 2 component will be stored.

Marginal note:Listing of component seller

  •  (1) If 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.

  • Marginal note:Duration of listing

    (2) A listing is effective for five years after the date that is set out in the document.

Marginal note:Listing of product seller

  •  (1) If 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.

  • Marginal note:Duration of listing

    (2) A listing is effective for five years after the date that is set out in the document.

Marginal note:Notice of change

 Every 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.

Marginal note:Responsibilities of component sellers and product sellers

 Every 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.

Marginal note:Authorized location

 A 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.

Marginal note:Locked component

  •  (1) A Tier 2 component must be locked up when it is not attended.

  • Marginal note:Sign

    (2) A 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.

  • Marginal note:Access

    (3) Access to a Tier 2 component must be limited to people authorized by the component seller or product seller.

Marginal note:Employee list

 A list of the employees who work at each location where a Tier 2 component is stored or sold must be kept at that location.

Marginal note:Stock management

  •  (1) A 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.

  • Marginal note:Weekly inspections

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

Marginal note:Theft or tampering

 If any theft or attempted theft of, or any tampering with, a Tier 2 component is discovered,

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

  • (b) the Chief Inspector of Explosives must be informed within 24 hours after the discovery; and

  • (c) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit.

Repeal

Marginal note:No sale

  •  (1) The 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.

  • Marginal note:Reporting

    (2) Every 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.

Coming into Force

Marginal note:Identification

 Before a Tier 2 component is sold, the buyer must be required to establish their identity by providing

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

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

  • (c) in all other cases,

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

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

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

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

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

    • (vi) the buyer’s business licence or proof of the buyer’s corporate registration, or

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

 

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