Detailed Summary of the Explosives Regulations, 2013

Part and Sections Title Description Notable Changes, Updates, and Requirements Links to FAQs and Guidelines Plus Helpful Section References
General Information Useful information to know before proceeding to the Regulations.
Part 1, Sections 1 to 8 Introduction This Part sets out the scheme and application of the Regulations and exempts some explosives from the provisions of the Explosives Act. It defines terms used throughout all Parts of these Regulations.
  • Presents the scheme of the Regulations.
  • Defines to which explosives the Regulations apply.
  • Excludes explosives under the control of the Minister of National Defence.
  • Defines what an “explosive” means.
  • Defines the terms used throughout the Regulations.
  • Updates a document to allow it to be either hard copy or in electronic format, except as noted.
  • FAQs.
  • Section 5: Application of the Regulations.
  • Section 6: Definition of “explosive” and terms.
Part 2, Sections 9 to 22 General Require-ments, Prohibitions and Safety Precautions This Part sets out the requirements, prohibitions, and safety precautions that apply to every person carrying out an activity involving an explosive or in the vicinity of explosives.
  • Clearly sets out the requirements, prohibitions, and safety precautions that apply to anyone carrying out an activity involving an explosive or in the vicinity of explosives.
  • Most of this Part reflects new regulations, but not necessarily new policy.
  • Key change: the Regulations now place the onus on the supervisor to ensure that the person being supervised is properly trained.
  • FAQs.
  • Section 10: Age restriction.
  • Section 15: Performance- diminishing substance.
  • Section 16: Smoking.
  • Section 18: False information.
  • Section 19: Knowledge of activity.
Part 3, Sections 23 to 42 Authoriza-tion and Classifica-tion of Explosives This Part sets out the procedures for obtaining authorization of an explosive, sets out activities involving an explosive that may be carried out even if the explosive is not authorized, and deals with cancellation of an authorization. It also deals with classification, reclassification, and recalls.
  • Sets out the explosives authorization and classification process and the role of the Chief Inspector.
  • Deals with how changes are made to an authorization, including reclassification, when an authorization may be cancelled, and when an explosive may be recalled for safety reasons.
  • Formally accepts foreign state testing for authorization and classification.
  • Introduces a new explosive classification system based on explosive type.
  • Introduces the concept of “potential effects” to better address hazards other than for a transport situation.
  • Formally introduces the use of the UN transport classification scheme.
  • Advises that the List of Authorized Explosives will be published on the Explosives Regulatory Division web site instead of being published in the Canada Gazette, Part I, on a yearly basis.
  • FAQs.
  • Section 25: Exemption from authorization.
  • Section 36: Classification of authorized explosives (by type, hazard category, and UN number).
Part 4, Sections 43 to 51 Importing and Exporting Explosives and Trans-porting Explosives in Transit This Part addresses the importation, exportation, and in-transit movement of explosives. It sets out the circumstances in which explosives may be imported, exported, or transported in transit with and without a permit. It also sets out the information required to apply for an import/export or in-transit permit and the requirements that permit holders must meet, including reporting.
  • Describes when a person may import, export, or move explosives in transit without a permit.
  • Describes the information that a person must include in an application for an import, export, or in-transit permit.
  • Describes the requirements that all holders of an import, export, or in-transit permit must meet.
  • Describes the information a permit holder must provide to the Chief Inspector of Explosives after the explosives are imported, exported, or transited.
  • FAQs.
  • Section 45: No permit required.
  • Section 46: Application for an import permit.
  • Section 48: Application for an export permit.
  • Section 50: Application for an in-transit permit.
  • Section 510: Coming into force of export and in-transit permits.
Part 5, Sections 52 to 142 Manufac-turing Explosives This Part addresses the manufacturing of explosives. It describes the requirements for holders of factory licences and satellite site certificates, the requirements for manufacturing explosives under a manufacturing certificate, and the requirements for manufacturing activities that do not require a factory licence or manufacturing certificate. This Part does not apply to the manufacture of small arms cartridges or black powder cartouches for personal use (Part 14), or to repackaging under a vendor magazine licence (Part 6).
  • This Part sets out how to obtain a factory licence or certificate and describes the requirements a holder must meet. It is separated into three divisions:
  • Division 1 sets out the requirements for holders of a factory licence and for workers and visitors at a factory or satellite site. It includes requirements for mobile process units.
  • Division 2 sets out the requirements for holders of a manufacturing certificate and for workers and visitors at such a workplace. Division 2 is for operations that are temporary and occasional.
  • Division 3 sets out the manufacturing activities that do not require a factory licence or manufacturing certificate.
  • There are provisions for worker training and for workers performing an activity to be competent.
  • There is now a requirement to provide a Security Plan with an application for explosive types E, I, or D.
  • FAQs.
  • Section 58: Division 1 authorized activities.
  • Section 60: Application for a Division 1 licence or certificate.
  • Section 60(7): Security Plan Guideline.
  • Section 107: Division 2 authorized activities.
  • Section 109: Application for a Division 2 licence or certificate.
  • Sections 134 to 142: Activities that do not require a licence or certificate.
Part 6, Sections 143 to 163 Magazine Licences and Storage in a Licensed Magazine This Part sets out how to obtain a vendor, user, or user zone licence and sets out the rules for all licence holders. It applies to all explosive types where a vendor or user licence is required.
  • This Part sets out how to apply for a magazine licence, as well as the standards and the safety and security procedures for magazines.
  • As part of the application, there is now a requirement to provide a Security Plan for explosive types E, I, and D.
  • There is a requirement that all magazine licences have a Fire Safety Plan that must be submitted with the application.
  • There is a requirement that a distributor of marine flares submit a Marine Flare Disposal Plan.
  • There is a requirement that a Key Control Plan be in place for each magazine.
  • There is a requirement that all plans be updated if there is a change of circumstances.
Part 7, Sections 164 to 173 Provisions of General Application This Part sets out the general terms and conditions that apply to all licences, permits, and certificates. It also sets out the procedures for making a change to or renewing any of these documents and provides for their suspension and cancellation.
  • Sets out the general terms and conditions that apply to all licences, permits, and certificates issued by the Minister of Natural Resources under the Explosives Act, including amendments and renewals.
  • Incidents to be reported now include spill and loss.
  • Adds the requirement for a Decommissioning Plan.
  • Adds the requirement for an annual report for factory licences, import or export permits, and manufacturing certificates.
  • Sets out how to amend and renew a licence, permit, or certificate.
  • Provides procedures for suspending or cancelling a licence, permit, or certificate.
  • FAQs.
  • Section 167: Reporting.
  • Section 169: Decommissioning plans.
  • Section 170: Annual reports.
  • Section 172: Amendments and renewals.
Part 8, Sections 174 to 185 Screening This Part introduces a new requirement for screening for licence holders of types E, I, and D explosives.
  • Introduces a new screening requirement for licence holders and key personnel with access to high-risk explosives (types E, I, and D).
  • Required one year after the coming into force of the Regulations for factory and vendor licences and two years after the coming into force of the Regulations for all licences, permits, and certificates.
  • Sets out who requires an approval letter.
  • Sets out how to apply for an approval letter and what are acceptable equivalent documents.
  • Sets out the offences for which approval will be denied.
  • Provides a method for review of a refusal.
  • Approval is valid for five years.
  • FAQs.
  • Screening Guideline.
  • Section 175: Equivalent documents.
  • Section 176: Licence application requirements.
  • Section 178: Approval letter required.
  • Section 182: Application for approval letter.
  • Section 183: Refusal.
  • Section 510: Coming into force.
Part 9, Sections 186 to 203 Trans-porting Explosives This Part sets out the requirements for transporting explosives, including in-transit transport and the loading and unloading of explosives for both vehicles and for means of transport other than a vehicle. It also sets out the requirements that must be met by owners, shippers, carriers, and drivers.
  • Improves harmonization with Transportation of Dangerous Goods Regulations and the Canada Motor Vehicle Safety Standards.
  • Adds new requirements for vehicle tracking and communication in order to increase the security of explosives during transport.
  • Removes the Explosives Transport Permit.
  • Provides for consumer quantities of selected explosives to be exempt from most of the transportation regulations.
  • Sets out the permits required for oversize loads and for the transport of non-explosive items with explosives.
  • Increases the number of detonators permitted to be transported with other explosives to 20 000.
  • Includes provisions for a road train travelling over ice roads.
  • Removes the requirement for two licensed drivers to keep a vehicle moving on the road for a period in excess of 10 hours.
  • No special speed limits for vehicles carrying explosives.
  • Adds new options when transporting detonators with over 2000 kilograms of other explosives.
  • FAQs.
  • Section 190: Exemption for small quantities of explosives.
  • Section 191(5): Application for permit to transport oversize load.
  • Section 192(4): Application for permit to transport non-explosive items.
  • Section 198: Tracking and communication systems.
Part 10, Sections 204 to 211 Military Explosives and Law Enforce-ment Explosives This Part authorizes the acquisition, storage, and sale of military and law enforcement explosives (type D) and sets out the rules for sellers and users.
  • These explosives were previously included with industrial explosives; however, they have now been given their own Part within these Regulations.
  • Provides for certain entities to obtain type D explosives without a licence.
  • FAQs.
  • Section 208(3): Entities permitted to purchase without a licence.
Part 11, Sections 212 to 224 Industrial Explosives This Part authorizes the acquisition, storage, and sale of industrial explosives and sets out the rules for sellers and users.
  • Industrial explosives include types E and I, but also P.1 when used in mining, quarrying, construction, and avalanche control.
  • A seller must mark the purchaser’s packaging with the licence or the provincial authorization number. There is no exemption based on type of packaging (e.g., ANFO bag).
  • Length of time that records need to be kept is reduced to two years. Information required in the record has been simplified.
  • Recognizes the holder of a provincial authorization to acquire.
  • A purchaser must mark the licence/authorization number on the inner packaging when the outer packaging is opened.
  • Packaging may be re-used if it is in good condition.
  • FAQs.
  • Section 213: Definition of industrial explosives.
  • Sections 218 and 222: Information on packaging.
  • Section 219: Record of sale.
  • Sections 220 and 224: Re-use of packaging.
Part 12, Sections 225 to 237 Power Device Cartridges This Part authorizes the acquisition, storage, and sale of power device cartridges (type C.2) and sets out the rules for sellers and users.
  • This Part only deals with explosive type C.2 - power device cartridges (such as used in nail guns).
  • Unlicensed storage of up to 50 000 power device cartridges is permitted by a retailer in a dwelling or by a user.
  • Unlicensed storage of up to 150 000 power device cartridges is permitted by a retailer not in a dwelling.
  • Defines storage requirements for unlicensed retailers and users.
  • FAQs.
  • Section 230: Maximum quantities for an unlicensed retailer.
  • Section 231: Unlicensed storage requirements for a retailer.
  • Section 236: Maximum quantities for an unlicensed user.
  • Section 237: Unlicensed storage requirements for a user.
Part 13, Sections 238 to 266 Special-Purpose Explosives This Part authorizes the acquisition, storage, and sale of special-purpose explosives (types S.1 and S.2) and sets out the rules for sellers and users. It also deals with the destruction of expired marine flares.
  • This Part is separated into three divisions: division 1 - low-hazard, special-purpose explosives; division 2 - high-hazard, special-purpose explosives; and division 3 - marine flares.
  • All distributors of special-purpose explosives and sellers of high-hazard, special-purpose explosives must be licensed.
  • Specifies quantities for sale and purchase of special-purpose explosives for unlicensed retailers and users.
  • Defines storage requirements for unlicensed retailers and users.
  • A record of sale is required for sales of more than 100 kilograms of low-hazard, special-purpose explosives and for every sale of high-hazard, special-purpose explosives, and must be kept for two years from the date of the sale.
  • Requires distributors of marine flares to have a disposal plan and to provide an annual report.
  • FAQs.
  • Section 245: Storage quantities of low-hazard, special-purpose explosives for unlicensed retailers.
  • Section 246: Unlicensed storage requirements for low-hazard, special-purpose explosives by a retailer.
  • Sections 250 and 261: Record of sales.
  • Sections 254 and 265: Unlicensed storage requirements for special-purpose explosives by a user.
  • Section 264: Maximum quantity of high-hazard, special-purpose explosives for an unlicensed user.
  • Section 266: Marine flares.
Part 14, Sections 267 to 305 Small Arms Cartridges, Propellant Powder, and Percussion Caps This Part authorizes the acquisition, storage, and sale of small arms cartridges (type C.1) and the manufacture of small arms cartridges and black powder cartouches. It also sets out rules for sellers and users of propellant powder (type P) and percussion caps (type C.3), and for manufacturers of small arms cartridges and black powder cartouches.
  • Defines a small arms cartridge as 19.1 millimetres or less.
  • Increases the allowable quantities of propellant powders that can be stored in a dwelling. Quantities allowed depend on if the dwelling is detached or if it is another type of dwelling (containing more than one dwelling).
  • Unlicensed retailers must now inform the Chief Inspector of Explosives of their intention to sell propellant powder.
  • The unlicensed storage of up to 75 kilograms of propellant powder in a detached store has been retained, along with the unlicensed display-for-sale limit of up to 12 kilograms of propellant.
  • The number of percussion caps permitted to be stored and sold for unlicensed sales is unlimited.
  • Defines storage requirements for unlicensed retailers and users.
  • FAQs.
  • Sections 274 and 280: Maximum storage of small arms cartridges for unlicensed sellers and users.
  • Sections 275, 281, 288, and 304: Unlicensed storage requirements for sellers and users.
  • Sections 286, 287, and 300: Place and quantity of storage for propellant powders and percussion caps for unlicensed sellers and users.
  • Section 305: Manufacture of small arms cartridges or black powder cartouches.
Part 15, Sections 306 to 333 Model and High-Power Rocket Motors This 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 and 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 and reloading kits (type R.2) and igniters for high-power rocket motors (type R.3).
  • The previous Regulations were developed before the existence of model and high-power rocketry and are silent on this emerging hobby.
  • A model rocket motor is defined as having an impulse of up to 160 newton-seconds.
  • A high-power rocket motor is defined as having an impulse of over 160 newton-seconds up to 40 960 newton-seconds.
  • A user who is at least 12 years old may acquire and store single-use rocket motors with an impulse of up to 80 newton-seconds.
  • Provides maximum quantities for unlicensed sellers and users.
  • Requires a record of sale for sales of high-power rocket motors and must be kept for two years from the date of sale.
  • Defines storage requirements for unlicensed sellers and users.
  • FAQs.
  • Sections 314, 320, and 331: Maximum quantities for storage by unlicensed sellers and users.
  • Sections 315, 321, and 332: Storage requirements for unlicensed sellers and users.
  • Section 328: Record of sale.
Part 16, Sections 334 to 359 Consumer Fireworks This Part authorizes the acquisition, storage, sale, and use of consumer fireworks (type F.1).
  • Adds definitions of a distributor and retailer.
  • Unlicensed storage of up to 1000 kilograms gross mass is still permitted.
  • Requires a record of sale for sales over 150 kilograms gross mass for two years after the date of sale.
  • Makes a distinction between permanent retail outlet and temporary retail outlet.
  • Introduces structural requirements for permanent retail outlets.
  • Introduces the concept of “consumer packs” of fireworks.
  • Updates requirements for display for sale.
  • Specifies precautions for the use of consumer fireworks.
  • Defines storage requirements for unlicensed sellers and users.
  • Must be at least 18 years old to acquire, store, and use.
  • A user less than 18 years old may acquire and use toy pistol caps.
  • May be under the age of 18 years to use, but must be supervised.
  • FAQs.
  • Section 341: Requirements for an unlicensed retail establishment.
  • Section 345: Requirements for consumer pack.
  • Section 346: Requirements for display for sale.
  • Sections 348 and 356: Maximum storage limits for unlicensed retailers and users.
  • Sections 349 and 357: Storage requirements for unlicensed retailers and users.
  • Section 353: Record of sale.
  • Section 354: Acquisition.
  • Section 359: User under 18 years old.
Part 17, Sections 360 to 409 Special Effect Pyro-technics This Part authorizes the acquisition, storage, sale, and use of special effect pyrotechnics. It also sets out the rules for users and other acquirers and indicates how to obtain a fireworks operator certificate.
  • Special effect pyrotechnics include explosive types F.3 (special effect pyrotechnics), F.4 (fireworks accessories), P.1 (black powder and black powder substitutes), P.2 (smokeless powder), I (initiation systems), and E.1 (detonating cord).
  • All sellers must be licensed.
  • All sales of special effect pyrotechnics must be recorded and kept for two years following the date of sale.
  • Specific requirements for the acquisition, storage, and use of special effect pyrotechnics that do not require a Fireworks Operator Certificate (purchase of flash paper, flash string and sparkle string, historical re-enactments, and students in training).
  • Defines storage requirements for unlicensed users.
  • Defines storage requirements at site of use.
  • Specifies requirements for obtaining a Fireworks Operator Certificate and the explosives that may be used under the Certificate obtained – Pyrotechnician, Senior Pyrotechnician, Special Effects Pyrotechnician, Special Effects Pyrotechnician – Detonating Cord, and Visitor Pyrotechnician.
  • Sets out specific requirements for the safe handling of entertainment industry pyrotechnics, including pre-firing procedures, written plans, and setting up danger zones.
  • A record of the pyrotechnic event must be made in a logbook and kept for two years after the last recorded event.
  • FAQs.
  • Section 361: Definition of special effect pyrotechnics.
  • Section 371: Record of sale.
  • Sections 382 and 391: Storage requirements for unlicensed users.
  • Sections 383 and 389: Storage at site of use.
  • Section 387: Qualifications to obtain a Fireworks Operator Certificate.
  • Section 388: Application for Fireworks Operator Certificate.
  • Section 399: Explosives that may be used by a pyrotechnician or visitor pyrotechnician.
  • Section 400: Explosives that may be used by a senior pyrotechnician.
  • Section 401: Explosives that may be used by a special effects pyrotechnician (including detonating cord).
  • Section 402: Responsibilities of the pyrotechnician in charge.
  • Section 403: Requirements of a pyrotechnic event plan.
  • Section 408: Logbook of events.
Part 18, Sections 410 to 449 Display Fireworks This Part authorizes the acquisition, storage, sale, and use of display fireworks (type F.2), including firecrackers. It also sets out the rules for sellers and users and indicates how to obtain a Fireworks Operator Certificate.
  • All sellers must be licensed.
  • All sales of fireworks must be recorded and kept for two years following the date of sale.
  • Specifies requirements for obtaining a Fireworks Operator Certificate, and which activities and fireworks the certificate permits – Display Assistant, Display Supervisor, Display Supervisor With Endorsements, and Display Visitor.
  • Specifies requirements for the safe handling of display fireworks – pre-firing procedures, written plans, setting up danger zones, etc.
  • Specifies requirements for acquiring, storing, and using firecrackers.
  • A record of the display must be made in a logbook and kept for two years after the last recorded display.
  • FAQs.
  • Sections 420 and 441: Record of sale.
  • Section 422: Qualifications to obtain a Fireworks Operator Certificate.
  • Section 423: Application for Fireworks Operator Certificate.
  • Section 426: Storage requirements for an unlicensed user.
  • Section 428: Activities permitted under a display assistant or visitor certificate.
  • Section 429: Activities and fireworks permitted to a display supervisor and display supervisor with endorsements.
  • Section 431: Responsibilities of the display supervisor in charge.
  • Section 432: Requirements of a Fireworks Display Plan.
  • Section 438: Logbook of displays.
Part 19, Sections 450 to 453 User Fees This Part sets out the fees payable for obtaining authorizations, licences, permits, and certificates.
  • The new fee schedule came into effect on June 1, 2009, and has been incorporated into the new Regulations with no changes.
  • FAQs.
  • Section 453: Fees.
Part 20, Sections 454 to 498 Restricted Com-ponents This Part prescribes components of explosives for the purpose of the definition “restricted component” in section 2 of the Explosives Act, restricts the acquisition and sale of those components, and sets out the requirements for their sale and storage.
  • The Restricted Component Regulations (SOR/2008-47), which came into force in June 2008 (ammonium nitrate) and March 2009 (the other eight substances), have been incorporated into the Explosives Regulations, 2013.
  • A seller must be authorized to sell restricted components. The authorization is valid for five years.
  • There are two types of sellers: component seller and product seller.
  • A Security Plan is required for sellers of ammonium nitrate.
  • The requirements for ammonium nitrate are greater than for the other prescribed products and include the requirement to submit an annual report.
  • A record of sale is required for all sales of a restricted component.
  • There is a requirement to report theft, attempted theft, or tampering, and if a sale was refused.
  • Buyer must establish identity to purchase restricted components.
  • FAQs.
  • Section 456: List of restricted components.
  • Section 460: Application for component seller.
  • Section 461: Application for product seller.
  • Sections 473 and 490: Acceptable identification for a buyer of restricted components.
  • Sections 475 and 492: Record of sale.
  • Section 487: Ammonium nitrate annual inventory report.
  • Key Control Plan Guideline.
  • Ammonium Nitrate Security Plan Guideline.
Sections 499 to 508 Amend-ments to these Regulations Specific programs, certificates, and permits come into force at some point after the Regulations come into force to allow time to develop the program or for stakeholder to comply with a requirement.
  • Export and in-transit permits will come into force one year after the Regulations come into force.
  • The security screening requirements for factories and vendors of types E, I, and D explosives come into force one year after the Regulations (sections 174 to 185).
  • Updates section 344(2) regarding aerial consumer fireworks one year after the coming into force of the Regulations.
  • Updates the screening regulations to include all licences, permits, and certificates of types E, I, and D explosives two years after the coming into force of the Regulations.
  • Sections 25(i), 25(j), 44(1) definition of “secure storage site,” 48, 49, 50, 51, 499, 500, and 501: Bringing into force export and in-transit permits.
  • Sections 502, 503, 504, 505, 507, and 508: Bringing into force security screening for all licences, permits, and certificates.
  • Screening Guideline.
Section 509 Repeal
  • The Explosives Regulations and the Restricted Component Regulations are repealed as of February 1, 2014.
  • Section 509.
Section 510 Coming into Force
  • The Explosives Regulations, 2013 come into force on February 1, 2014.
  • The first set of amendments comes into force on February 1, 2015.
  • The second set of amendments comes into force on February 1, 2016.
  • Section 510.