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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2024-02-06 and last amended on 2023-06-03. Previous Versions

PART 20Restricted Components (continued)

DIVISION 2Tier 2 Requirements (continued)

Component Sellers and Product Sellers List

Marginal note:Component sellers list

 Only a component seller who is on the component sellers list referred to in subsection 500(1) is authorized to sell a Tier 2 component.

Marginal note:Application — component seller

 The 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:

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

  • (b) the components to be sold;

  • (c) 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; and

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

Marginal note:Product sellers list

 Only 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.

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.

Rules for Component Sellers and Product Sellers

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.

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.

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.

Marginal note:Intermediary

 A 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.

Marginal note:Record of sale

  •  (1) A 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:

    • (a) the buyer’s name, address and telephone number;

    • (b) the date of the sale;

    • (c) the bill of lading, sales receipt or similar document;

    • (d) the type of document provided under section 510 and the document’s reference number;

    • (e) the product name of the component sold;

    • (f) the quantity of the component sold under each product name;

    • (g) an indication of whether the component was sold in bulk or in packages;

    • (h) if the component was sold in packages, the weight or volume of each package;

    • (i) a description of how the component will be used; and

    • (j) if the component was shipped, the date of reception and the quantity received.

  • Marginal note:Annual sales contract

    (2) In 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.

  • Marginal note:Access

    (3) The 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.

  • Marginal note:Exception

    (4) Subsections (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.

Marginal note:Responsibility of employee

 An 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.

Suspension and Removal

Marginal note:Suspension

  •  (1) If 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.

  • Marginal note:Removal

    (2) If 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.

Marginal note:Right to be heard

 Before 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.

Marginal note:Review

  •  (1) Within 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.

  • Marginal note:Minister’s decision

    (2) The Minister must confirm, revoke or amend the decision under review.

DIVISION 3Tier 3 Requirements

Marginal note:Definition

 In this Division, Tier 3 component means a restricted component set out in column 1 of Table 3 to this Part.

 

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