Canada Gazette, Part I, Volume 159, Number 44: Regulations Amending the Explosives Regulations, 2013

November 1, 2025

Statutory authority
Explosives Act

Sponsoring department
Department of Natural Resources

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Over 10 years ago, in 2013, the Explosives Program (the Program) of Natural Resources Canada (NRCan) conducted a significant update of its regulatory regime to further formalize and refine the requirements that govern the safety and security of the Canadian explosives sector. Since then, both the Program and the explosives sector have undergone changes, necessitating another update to ensure the current Explosives Regulations, 2013 (the Regulations) remain relevant and effective in achieving safety and security goals.

The regulatory requirements for transportation, and for the selling of propellant powder, for example, require further amendments to address ongoing safety and security gaps.

In other cases, efforts to better align with risk warrant a relaxation of requirements. For example, the quantity of commercial rocket motors that someone can import for personal use is currently set conservatively low.

Other aspects of the Program that need updating include codifying subcategories of licences for the storage of explosives and clarifying requirements for, and divisions of, explosives manufacturing licences. Further clarification is also needed to update technical terminology in the restricted components regime.

Finally, the fee regime needs to be updated to capture all licences, permits and certificates, including those introduced through the proposed changes to the Regulations, and to ensure it reflects current costs for the Program and improves transparency.

The proposed amendments would also align with the Government of Canada’s 2025 commitment to reduce “red tape” through the Red Tape Review by clarifying, modernizing and streamlining requirements, thereby reducing stakeholder burden posed by unnecessary and outdated requirements.

Background

In spring 2021, the Program initiated a comprehensive review of the Regulations to modernize the explosives regulatory regime in line with the Government of Canada’s regulatory modernization agenda. The Explosives Regulatory Review (the Review) engaged in extensive research, carried out targeted national and international comparisons to identify best practices, and conducted stakeholder and expert outreach to seek sector views on regulatory challenges.

The Review collected over 280 regulatory irritants from internal and external stakeholders and experts. The following five key themes emerged from this outreach:

• The safety and security requirements in the Regulations need to better align with the risk;
• The licensing and fee scheme in the Regulations is overly complex and outdated;
• The administrative burden in the Regulations needs to be reduced;
• The inaccuracies and “clean-up” of the Regulations need to be addressed; and
• The regulatory regime requires updates to reflect modern industry practices.

To address the regulatory irritants, the Review divided proposed amendments into two consecutive omnibus packages. The first of the two regulatory amendment packages, titled Regulations Amending the Explosives Regulations, 2013, came into force on May 2, 2024, and was published in Canada Gazette, Part II, on May 22, 2024. The first package of amendments made changes to better align regulatory requirements with risk for products such as black powder and reactive targets, and updated the requirements for fireworks, including the introduction of a lower-risk novelty device category.

As this second omnibus package is seeking to amend existing regulatory fees, the Review completed a fee proposal. This proposal was created in accordance with the Directive on Charging and Special Financial Authorities and was shared with stakeholders in 2024 for comment.

Objective

This proposal is the second of two consecutive omnibus regulatory amendment packages stemming from the Review. The goals for this second regulatory package are to enhance safety and security and modernize the explosives regulatory regime. The proposed amendments would enhance how the Program delivers its mandate of safeguarding Canadians from explosives, and would mitigate irritants identified by stakeholders, related to general safety and security concerns, and ambiguity around transportation of explosives, fees, licences and permits for specific explosives sectors.

Description

The Regulations are organized into 20 parts. The following are the main components of this regulatory proposal, organized by subject and the relevant parts.

Authorization and Classification of Explosives (Part 3)

Section 25 of the Regulations provides some exemptions to the section 11 requirement that a person may only undertake an activity involving an explosive if the explosive is authorized. For example, the Regulations allow private or commercial laboratories, governments, law enforcement agencies or learning institutions to manufacture a small amount of unauthorized explosives for purposes such as an experiment. However, the Regulations are silent on whether the entity may undertake any other activities involving the explosive such as storage, possession or transportation. The proposed amendments would clarify what associated activities may be undertaken in each circumstance with an unauthorized explosive. Explicit permissions to be added include

• permission to possess and store, when manufacturing black powder charges for ceremonial use, and permission to manufacture, possess, store, transport and deliver small arms cartridges, or black powder cartouches for personal use;
• permission to possess special purpose pyrotechnics;
• permission to possess, import, transport, deliver or store when sending a sample of an explosive to the Chief Inspector of Explosives, upon request, for authorization testing; and
• permission to possess, deliver, store or transport when importing, exporting or transporting specific quantities of explosives mentioned in section 45 and 45.1 that are in-transit.

Manufacturing Explosives (Part 5)

The proposed amendments would update requirements for the manufacture of explosives under Division 1 by

• requiring an area plan showing each vulnerable place at a client site, and the distances in meters from each mobile process unit. This would formalize the practice currently in place when mobile process units are used to manufacture explosives in locations other than a mine site or quarry;
• adding jet perforating guns to the definition of “client site” to allow the current practice of manufacturing perforating guns at a point-of-use site;
• updating language to specify that Division 1 Factory Licence holders are also required to send a decommissioning plan prior to decommissioning a satellite site;
• removing the requirement to include the topography of sites with Division 1 licence applications;
• updating language to remove references to the Bureau de normalisation du Quebec (BNQ) Standard for Division 1 licence quantity distance requirements;
• adding that the list of documents to be included with an application must include, where applicable, a mention of documents relating to any Indigenous consultation that has been carried out;
• removing the requirement for mobile process units to be cleaned at factory sites if not used for more than 30 days, as there already exist requirements in Division 1 to keep mobile processing units maintained and in good operating condition;
• requiring surveillance of magazines containing high hazard explosives through either physical or electronic means based on security risks;
• streamlining the requirements for the use of personal protective equipment by workers and visitors at licensed sites;
• adding flexibility to training requirements by clarifying that training does not have to be given by an employee of a licence holder and instead can be given by a person with the knowledge necessary to deliver the training; and
• aligning the requirements for the marking of deteriorated, expired or misfired explosives with section 160 of Part 6, Magazine Licences and Storage in a Licensed Magazine.

The proposed amendments would update requirements related to the manufacture of explosives under Division 2 by

• removing the blending of ammonium nitrate and fuel oil at a blast site of a mine or quarry from the list of authorized activities eligible for a Division 2 factory licence;
• clarifying that Type D ammunition falls under Division 2 explosives manufacturing;
• changing the wording of Division 2 manufacturing of display fireworks to clarify that only assembly, packing and storage are Division 2 fireworks manufacturing activities;
• clarifying that only non-mechanical mixing of non-explosive components for the purpose of manufacturing industrial explosives at the site of use is considered a Division 2 activity;
• removing references to certain activities related to Division 2 manufacturing activities that are unclear and have not had licences issued under them for over 10 years (e.g. net throwing devices, manufacturing of explosives for sale by person without vendor magazine licence, any other activity related to manufacture and storage); and
• aligning the manufacturing requirements between Division 1 and Division 2 related to signs, presence at an unlocked magazine, stacking of boxes in magazines as well as monitoring of magazines.

Remote avalanche control systems (Part 5 and Part 6)

The proposed amendments would

• codify, in Part 5, the current practice of assembling deployment boxes for use in remote avalanche control systems (RACS) as a division 3 manufacturing activity; and
• introduce, in Part 11, an exemption for the storage of explosives used in remote avalanche control systems that are not readily accessible by the public.

Magazine licences and storage in a licensed magazine (Part 6)

Enshrining current storage practices

The proposed amendments would codify the requirements that currently exist in guidelines for two types of third-party licences affecting the storage of explosives. The first licence is a shared licence that would allow a licence holder to store explosives in the magazine of another authorized licence holder. The second licence is a drop-ship licence that would authorize the licence holder to offer explosives for resale using a drop-shipping supply chain management technique where explosives continue to be stored with the manufacturer or distributor until orders are filled.

Updated fire safety plan requirements

The proposed amendments would remove the requirement to submit fire safety plans to local fire departments and instead have licence holders advise local fire departments that fire safety plans are available on request.

User magazine zone licences

The proposed amendments would remove the requirement for user magazine zone licence holders to provide notice of change of site; instead, user magazine zone licence holders would be required to submit a licence amendment when changing the site of the magazine, reflecting the current practice.

Transport permits (Parts 8 and 9)

To increase the safety and security of the transportation of explosives, the proposed amendments would implement a transport permit regime as a tool to monitor compliance with, and enforce transportation requirements. Under the permit regime, in order for carriers to transport certain explosives by road, carriers would be required to have a transport permit, covering the vehicles that will be used to transport explosives, produce evidence of that permit upon request by a shipper, and demonstrate that the obligations as a permit holder have been met, when requested by an inspector.

To apply for a transport permit, the carrier would be required to submit to the Chief Inspector of Explosives

• contact information and the list of vehicles to be used to transport explosives;
• copies of the security approval letter from NRCan, or equivalent security screening document, along with the associated documentation, for the drivers of those vehicles; and
• the fee as outlined in Part 19 of the Regulations.

Where the safety and security of transportation of explosives can be verified through other licensing and permitting regimes, or when transporting small amounts of lower-risk explosives, persons and groups would not be required to hold a transport permit. For example,

• those transporting amounts of explosives already exempted from most transportation requirements, such as those transporting small amounts of propellant powder or no more than 150 kg of fireworks or model rocket motors;
• law enforcement agencies or the federal government;
• factory or magazine licence holders;
• fireworks operator certificate holders;
• persons transporting explosives for personal use within the unlicensed storage allowance;
• carriers responding to an emergency, accident or vehicle breakdown; and
• carriers with vehicles licensed outside of Canada.

The transport permit would be valid for three years.

Transport permit holders would be required to

• ensure drivers are trained, every five years, by someone with the training, knowledge and experience required to deliver training to transport explosives in a safe, secure and lawful manner;
• send an updated list of all vehicles connected to transport permits every year to the Chief Inspector of Explosives;
• keep records, for two years beyond the training expiration date, verifying that drivers have been trained; and
• retain copies of the NRCan approval letter or a valid equivalent security document from a competent authority, demonstrating that drivers are security screened.

Shippers would be required to verify that carriers are permit holders and keep records for two years of each carrier that is hired.

Propellant powder sellers (Part 14)

The proposed amendments would

• remove the requirement for propellant powder retailers without a licence to provide a written notice to the Chief Inspector of Explosives that they intend to sell/stop selling propellant powder;
• require all retailers to obtain a registration from NRCan if they wish to acquire, store and sell propellant powder;
• require distributors selling propellant powder to a retailer to verify that the retailer has been issued a registration number by NRCan authorizing the retailer to purchase propellant powder; and
• add a requirement that distributors must keep a record of each sale of propellant powder to a retailer for two years after the date of sale.

Rocket motors (Parts 3, 4, 5 and 15)

This regulatory proposal would

• add advanced high-power rocket motors (type R.4) to the list of types of authorized explosives the Chief Inspector of Explosives may use to classify explosives;
• increase the number listed in the import table to allow 40 model rocket motors to be imported without a permit;
• classify rocket motor manufacturing licence as a “low complexity” division 2 factory licence to manufacture explosives — small operation; and
• add a new section entitled “Division 3” in Part 15 for advanced high-power rocket motors to reclassify them from a high-hazard special purpose explosive (type S.2) to a new advanced high-power rocket motor (type R.4) category. This would clarify terminology while maintaining the same safety and storage precautions they currently experience as an S.2 classification, plus any additional safety measures inherited from existing rocket motor (types R.1, R.2 and R.3) regulations.

Special effect pyrotechnics (Part 17)

The proposed amendments would specify that a seller may sell special effect pyrotechnics only to a person who holds a licence or to a user who holds the required fireworks operator certificate for the use of the pyrotechnics that are to be bought. The proposed amendments would also specify conditions that sellers would have to meet, such as keeping a record of the type of licence or certificate used to purchase the special effect pyrotechnics and ensuring that the record is kept two years after the date of sale.

Further amendments would include

• requiring that a seller ensure that any packaging or container that has been used for type F.3 (special effects pyrotechnics) or F.4 (fireworks accessories) explosives is not reused unless the transport classification remains unchanged, the container is closed, the mass of explosives is equal or less than previous loads and the packaging or container is not damaged;
• removing the requirement for the holder of a fireworks operator certificate (visitor pyrotechnician) to provide a list of pyrotechnic events in which they plan to participate in Canada, the dates of those events and the contact information of the pyrotechnician in charge of each event they plan to attend;
• clarifying that a visitor pyrotechnician must be supervised by a senior pyrotechnician, special effect pyrotechnician or special effect pyrotechnician – Detonating cord depending on the pyrotechnics being used; and
• aligning storage requirements for reactive targets and propellant powder to reflect that no more than 25 kg of black powder and 6.5 kg of reactive targets should be stored without a licence.

Fireworks operator certificate — Display assistant (Part 18)

The proposed amendments would remove unnecessary financial and administrative burden by eliminating requirements within the Regulations for trained display assistants to receive a fireworks operator certificate from the Program and pay the corresponding fee before working as a display assistant.

Updating fees (Part 19)

The proposed amendments would update current fees, including adding new fees for existing permits and certificates that previously did not have fees. This includes adding fees to firecracker use certificates, export permits and in-transit permits. Fees would also be added or adjusted for new or expanded licences and permits being added in this package, including shared magazine licences, drop-ship magazine licences and the transport permit. Total cost recovery is expected to achieve approximately 60%, consistent with the public private benefit assessment. Fees would be adjusted for inflation between when the original fee proposal was developed in 2022 and when the fees are published in the Canada Gazette, Part II.

Table 1: Current and new fees

Item	Fee	Current fee (2025–2026)	New fee
1	Initial authorization for an indefinite period (1–15 products)	$14.78 for each explosive, subject to a minimum fee per application of $153.98 and a maximum fee of $3,079.53 per year	$170
2	Initial authorization for an indefinite period (16–30 products)	$14.78 for each explosive, subject to a minimum fee per application of $153.98 and a maximum fee of $3,079.53 per year	$400
3	Initial authorization for an indefinite Period (31–50 products)	$14.78 for each explosive, subject to a minimum fee per application of $153.98 and a maximum fee of $3,079.53 per year	$800
4	Initial authorization for an indefinite period (51–100 products)	$14.78 for each explosive, subject to a minimum fee per application of $153.98 and a maximum fee of $3,079.53 per year	$1,300
5	Initial authorization for an indefinite period (101–199 products)	$14.78 for each explosive, subject to a minimum fee per application of $153.98 and a maximum fee of $3,079.53 per year	$2,300
6	Initial authorization for an indefinite period (200 or more products)	$14.78 for each explosive, subject to a minimum fee per application of $153.98 and a maximum fee of $3,079.53 per year	$2,900
7	Reauthorization for an indefinite period annual fee (1–15 products)	(a) for an explosive manufactured in Canada, $4.93 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $153.98 per year and a maximum fee per manufacturer of $1,539.76 per year, and (b) for an explosive manufactured outside Canada, $18.48 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $154.98 per year and a maximum fee per manufacturer of $3,079.53 per year	$151
8	Reauthorization for an indefinite period annual fee (16–30 products)	(a) for an explosive manufactured in Canada, $4.93 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $153.98 per year and a maximum fee per manufacturer of $1,539.76 per year, and (b) for an explosive manufactured outside Canada, $18.48 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $154.98 per year and a maximum fee per manufacturer of $3,079.53 per year	$200
9	Reauthorization for an indefinite period annual fee (31–50 products)	(a) for an explosive manufactured in Canada, $4.93 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $153.98 per year and a maximum fee per manufacturer of $1,539.76 per year, and (b) for an explosive manufactured outside Canada, $18.48 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $154.98 per year and a maximum fee per manufacturer of $3,079.53 per year	$400
10	Reauthorization for an indefinite period annual fee (51–100 products)	(a) for an explosive manufactured in Canada, $4.93 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $153.98 per year and a maximum fee per manufacturer of $1,539.76 per year, and (b) for an explosive manufactured outside Canada, $18.48 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $154.98 per year and a maximum fee per manufacturer of $3,079.53 per year	$650
11	Reauthorization for an indefinite period annual fee (101–199 products)	(a) for an explosive manufactured in Canada, $4.93 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $153.98 per year and a maximum fee per manufacturer of $1,539.76 per year, and (b) for an explosive manufactured outside Canada, $18.48 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $154.98 per year and a maximum fee per manufacturer of $3,079.53 per year	$1,150
12	Reauthorization for an indefinite period annual fee (200 or more products)	(a) for an explosive manufactured in Canada, $4.93 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $153.98 per year and a maximum fee per manufacturer of $1,539.76 per year, and (b) for an explosive manufactured outside Canada, $18.48 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $154.98 per year and a maximum fee per manufacturer of $3,079.53 per year	$1,450
13	Authorization for a specified period, for use other than at a special event, tour or international competition	$184.77	$250
14	Authorization for a specified period, for use at a special event, tour or international competition	$615.90 for each event, subject to a $3,079.53 maximum for events that are part of the same tour or international competition	$600 for each event, subject to a $2,900 maximum for events that are part of the same tour or international competition
15	Single-use import permit	$197.09	$220
16	Annual import permit	$197.09 plus $24.63 for each 1 000 kg NEQ (net explosive quantity) imported, subject to a maximum fee of $1,601.36	$200 plus $25 for each 1 000 kg NEQ imported, subject to a maximum fee of $1,600
17	Division 1 factory licence to manufacture explosives	Subject to a minimum fee of $3695.43 and a maximum fee of $36,954.36, the total of (a) $985.45 for each process unit, (b) $985.45 for each mobile process unit, (c) $20.94 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and (d) $277.16 for each detonator magazine Renewal: Subject to a minimum fee of $3,695.43 and maximum fee of $36,954.36 the total of (a) $708.29 for each process unit, (b) $708.29 for each mobile process unit, (c) $20.94 for each 1000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and (d) $277.16 for each detonator magazine	Subject to a minimum fee of $2,000 and a maximum fee of $40,000, the total of (a) $1,000 for each process unit (b) $1,000 for each mobile process unit (c) $300 per magazine
18	Division 2 factory licence to manufacture explosives — low complexity	Subject to a minimum fee of $985.45 and a maximum fee of $3,695.43, the total of (a) $985.45 for each process unit, and (b) $20.94 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQ	$350 fee for personal use manufacturing or university manufacturing with no more than 1 process unit and 2 magazines
19	Division 2 factory licence to manufacture explosives — standard complexity	Subject to a minimum fee of $985.45 and a maximum fee of $3,695.43, the total of (a) $985.45 for each process unit, and (b) $20.94 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQ	$1,800
20	User magazine licence to store high explosives or initiation systems (type I, E and D)	$172.45 per magazine, subject to a minimum fee of $344.91	$200 per magazine, subject to a minimum fee of $400
21	User magazine licence to store any other explosives	$71.40 (flat rate)	$100 per magazine, subject to a minimum fee of $200
22	Vendor magazine licence to store high explosives or initiation systems (type I, E, D)	$32.03 per 1 000 kg NEQ of storage limit increment of each magazine other than a detonator magazine, and $346.14 for each detonator magazine	$200 per magazine, subject to a minimum fee of $400
23	Vendor magazine licence to store any other explosives — retailer	$143.00 per retail establishment	$200 per retail establishment
24	Vendor magazine licence to store any other explosives — distributor	$431.13 per distribution establishment	$500 per distribution establishment
25	Vendor magazine licence to store any other explosives — distributor that repackages explosives	$862.27 per distribution establishment that repackages explosives	$900 per distribution establishment that repackages explosives
26	Magazine shared licence	New fee	$200
27	Vendor magazine drop-ship licence	New fee	$200
28	User zone magazine licence to store high explosives or initiation systems	$246.37 per magazine, subject to a minimum fee of $492.72	$450 per magazine, subject to a minimum fee of $900
29	Satellite site certificate (Division 1 certificate to manufacture blasting explosives — type I, E and D)	$246.37 per month, subject to a minimum fee of $985.45 and a maximum fee of $1,970.90	$1,500 — valid for 6 months
30	Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at blast site (Division 2 certificate to manufacture blasting explosives)	$985.45	$1,500 — valid for 6 months
31	Division 2 manufacturing certificate for all other explosives	$76.50	$250
32	Initial fireworks operator certificate	$184.76	$175 — valid for 5 years
33	Modification to or change of fireworks operator certificate	$102	$160 — valid for 5 years
34	Renewal of a fireworks operator certificate	$102	$160 — valid for 5 years
35	Firecracker use certificate	New fee	$50
36	Single-use export permit	New fee	$220
37	Annual export permit	New fee	$200 plus $25 for each 1 000 kg NEQ exported, subject to a maximum fee of $1,600
38	Single-use in-transit permit	New fee	$25
39	Annual in-transit permit	New fee	$200
40	Transportation permit	New fee	$20 per vehicle, subject to a minimum of $200 and a maximum of $750 — valid for 3 years

Restricted Components (Part 20)

The proposed amendments would define enrolment, as follows, to align the Regulations with actual practices of the Program:

enrolment

means the registration of a product seller or component seller by the Chief Inspector of Explosives.

Further proposed amendments include

• restoring an exemption, for individuals working at certain institutions, from having to show personal identification to purchase restricted components on behalf of their work;
• streamlining the application requirements to enrol as a product seller by removing the requirement to provide the product name of products to be manufactured using restricted components;
• clarifying how records and restricted components must be stored; and
• requiring that if theft, attempted theft or tampering is discovered, Tier 2 enrolment holders must inform the local police force immediately and submit a written report of the incident to the Chief Inspector of Explosives within 24 hours.

Modernization and general “clean-up”

Finally, the proposed amendments would modernize the Regulations by moving to more performance-based requirements (e.g. changing sign requirements to be less prescriptive), removing obsolete requirements (e.g. references to the National Standard of Canada Standard CAN/BNQ throughout the Regulations) and references to outdated technologies (e.g. replacing references to logbook with maintenance record), streamlining requirements to reduce duplication and inconsistencies, and updating language as needed to reflect current industry best practices (e.g. replacing instances of area plan or site plan with site/area plan).

Regulatory development

Consultation

The Review conducted four phases of consultation with the explosives sector stakeholders. The first phase was a policy consultation in spring 2021 to identify regulatory irritants to guide the planning for developing proposed amendments.

Policy consultation (spring 2021)

During the initial spring 2021 policy consultation, the Review reached out to industry associations, sellers and law enforcement, in writing, to introduce the Review and seek their input on regulatory irritants. The Review also held virtual meetings in March and April 2021 with law enforcement organizations, including the Ontario Provincial Police (OPP), the Royal Canadian Mounted Police (RCMP), the Sûreté du Québec (SQ), the Service de police de la Ville de Montréal (SPVM) and the Toronto Police Service, with provincial counterparts, namely the Canadian Association of Chief Inspectors of Mines (CACIM), and with industry associations, including the Canadian Association of Rocketry, the Canadian Explosives Industry Association (CEAEC), the Canadian National Fireworks Association (CNFA), the Canadian Pyrotechnic Council (CPC), the Energy Services Association of Canada (Enserva) and Responsible Distribution Canada (RDC), to introduce the Review. After each meeting, the Review followed up by email with the organization or association to request their written input on regulatory irritants. The Review also engaged with other government departments by email to seek their written input on regulatory irritants. The response from other government departments and the external outreach with provincial counterparts, industry associations, sellers and law enforcement generated 137 irritants.

Regulatory pre-consultation (summer 2023)

Beginning in June 2023, the Review began consulting on the second package of proposed amendments to the Regulations. The Review consulted by email with all the stakeholders that were notified of the Regulatory Review during the initial spring 2021 outreach, including all stakeholders that met with the Review or provided written comments at that time. The Review provided eight weeks to provide comments. Five responses were received from stakeholder groups, specifically the Canadian Association of Fire Chiefs (CAFC), Canadian Avalanche Association (CAA), CEAEC, Parks Canada and one individual. As the proposed amendments were developed in response to stakeholder irritants, feedback from the largest stakeholder groups (for example CEAEC) during the regulatory consultations was generally supportive and positive, and questions from stakeholders were mainly seeking clarification.

Fee consultation (winter/spring 2023/2024)

The Review presented the rationale and outlined the fee review process to the CEAEC membership on November 9, 2023. The Review received questions related to a consultation process and CEAEC members suggested that the Program expand its stakeholder outreach to ensure all those affected were informed of proposed amendments. The proposed fees were emailed to all stakeholders for a consultation period from December 11, 2023, to January 30, 2024.

In response, the Review received a few queries seeking clarification of proposed fee amounts for fireworks operator certificates. The Review also received written comments from Parks Canada on proposed fee amounts and how they would be applied to Parks specifically. No other formal comments were received from stakeholders and NRCan addressed the questions raised by providing information on proposed fees and their application to stakeholders.

Industry-specific consultation (2024)

The Review presented the full package of amendments (minus amendments related to avalanche towers and rocket motors) to the International Society of Explosives Engineers (ISEE) Eastern Canada Chapter annual general meeting on February 27, 2024. ISEE asked questions related to the proposed changes to fees for their industry. Questions were answered and the proposed regime was clarified; no follow-up questions were asked.

The Review additionally presented key proposed amendments (including proposed transportation amendments) to CEAEC’s annual general meeting the week of June 17, 2024. Furthermore, on proposed amendments related to transport permits, the Review met with the Canadian Trucking Alliance on June 27, 2024. Both CEAEC and the Canadian Trucking Alliance were supportive of the proposed transport permit.

Indigenous engagement, consultation and modern treaty obligations

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications (AMTI) was conducted for this regulatory proposal. As part of the AMTI, all treaties with provisions related to explosives were evaluated against the proposed amendments to the Regulations. No modern treaty implications or impacts on Indigenous peoples were found and it was determined that the proposed amendments would not trigger the Crown’s duty to consult.

In line with the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) an analysis was completed for this proposal. This assessment found that the level of impact associated with this proposal is Level 1 — Broad, general initiatives with little direct, indirect or particularized impact on Indigenous peoples. Therefore, an informed engagement on this package of proposed amendments has been put together to ensure that Indigenous groups are aware of proposed changes to the Regulations and have the opportunity to be engaged on these changes.

Instrument choice

Under the status quo scenario, safety would not be enhanced, out-of-date provisions would not be updated, and fees would not be updated. To be specific,

• adherence to transportation safety and security requirements would continue to exist outside of the risk-based inspection plan and permitting process;
• propellant powder sellers would continue to inform the Chief Inspector of Explosives by letter that they are selling propellant powder and would not be able to use their business licence under the Firearms Act to purchase propellant powder;
• shared storage licences would not be enshrined within the Regulations;
• the maximum amount of rocket motors that could be imported without a licence would remain at six;
• display assistants would continue to be required to apply for and pay a fee to receive a fireworks operating certificate from NRCan; and
• fees would remain at current levels.

After consulting extensively with stakeholders, the Review concluded that regulatory amendments are the only practical way to address stakeholder irritants with the Regulations and to improve safety and security while still aligning fee structures with program costs, including the introduction of new permits and licence types such as transport permits. Furthermore, lessons learned from program implementation have indicated that regulatory amendments are required to better align some requirements with the risk posed by certain explosives.

To address the safety and security concerns with the transportation of explosives, caused by a lack of knowledge and awareness of the regime, as well as the inconsistent security screening of drivers, the Review considered undertaking a comprehensive knowledge and awareness campaign. However, even with increased knowledge and awareness, challenges with compliance verification and enforcement would remain, resulting in a need to propose a transport permit regime that would enhance awareness by requiring shippers to use permitted carriers, require record keeping for compliance verification, and require a permit that provides increased enforcement options.

Likewise, while propellant powder sellers have been required under the Regulations to inform the Chief Inspector of Explosives that they are selling propellant powder, historically the rate of compliance is quite low. Non-regulatory options, such as outreach and awareness, have been pursued over the past few years but still leave safety and security gaps that cannot be filled within the current regulatory framework. Introducing a registration program is a small incremental change from the requirement to inform, which ensures that sellers of propellant powder are not unduly burdened by fees and yearly application requirements while also ensuring compliance by requiring distributors to verify that retail buyers have a registration number. Care has been taken to include where possible outcome-based or performance-based regulations. For example, requirements for mobile process units (MPUs) have been altered from time-based requirements (ex. MPUs must be cleaned every 30 days) to outcome-based requirements (MPUs must be maintained in good operating condition). Similar changes have been made to the Regulations in relation to smoking provisions, perforating guns and remote avalanche control systems.

Regulatory analysis

Benefits and costs

Benefits and costs associated with the amendments are assessed by comparing the baseline scenario against the regulatory scenario. The baseline scenario is based on the present version of the Regulations and assumes no change to the current cost structure or changes to the fees charged. For example, it forecasts the costs with current fees as they are set that year within each category listed in Part 19 of the Regulations. This analysis estimated the impact of the amendments over a 10-year period from 2025 to 2034. Unless otherwise stated, all costs are in Canadian dollars, present values, at a 7% discount rate, with 2024 as the base year for discounting and 2023 for the price year.

The proposed amendments carry annualized benefits of $561,844 and annualized costs of $533,545 over the period of 2025–2034. The total present value of benefits is $3,946,160, and the total present value of costs is $3,747,395, for a total net present benefit of approximately $198,765.

The cost-benefit analysis report for this proposal is available upon request.

Benefits

Changes in fees for various Explosives Regulatory Division (ERD) permissions are projected to increase government revenue by $491,567 in years 1, 4, 7, and 10, and by $469,067 in other years. The total present value of the increased revenue is $3.36 million.

Removing the display assistant fireworks operator certificate category would result in a combined annual savings for industry of $34,036, and a savings for Government of $9,916 annually. The combined total present value of time savings is $308,701.

By integrating fire safety plans into the licence application process, magazine licence holders would save $37,725. The combined total present value of time savings is $264,965.

Allowing the importation of up to 40 model rocket motors without a permit would save stakeholders $2,039 per year. The combined total present value of time savings is $14,318.

Costs

The amendments would update the Explosives Regulatory Division’s cost-recovery regime by amending all existing fees and introducing new fees. The Program expects that fees will increase in March 2026 in line with ERD’s fiscal year and the introduction of ERD’s new IT system. Increased fee revenue for Government is considered a cost for industry. The total present value of the increased fees is $3.36 million.

Applications for transport permits would cost the industry $3,000 per year, for a total present value of $21,071. The present value cost for developing the training material for transport permits is $112,150. The Government would incur a total present value of $105,000 to administer and enforce the transport permit program.

The Government would incur total present value costs of $108,000 to administer and enforce the propellant powder requirements, which includes updating and maintaining the electronic Licence Management System (eLMS). All costs to Government would be managed within existing resources.

Cost-benefit statement

• Number of years: 10 (2025–2034)
• Price-level year: 2023
• Present value base year: 2024
• Discount rate: 7%

Table 2: Monetized benefits (millions)

Impacted stakeholder	Description of benefit	2025	2026	2029	2034	Total (present value)	Annualized value
Industry	Removal of requirement to submit fire safety plans, reduction in model rocket motors to be imported without a permit, removal of display assistant (fireworks operating certificate)	$0.074	$0.074	$0.074	$0.074	$0.518	$0.074
Government	Increased revenue and removal of display assistant (fireworks operating certificate)	$0.501	$0.479	$0.479	$0.501	$3.428	$0.488
All stakeholders	Total benefits	$0.575	$0.553	$0.553	$0.575	$3.946	$0.562

Table 3: Monetized costs (millions)

Impacted stakeholder	Description of cost	2025	2026	2029	2034	Total (present value)	Annualized value
Industry	Permitting, licensing and fees	$0.621	$0.478	$0.478	$0.501	$3.535	$0.503
Government	Administration of permitting and licensing requirements	$0.068	$0.048	$0.021	$0.021	$0.214	$0.030
All stakeholders	Total costs	$0.689	$0.526	$0.499	$0.521	$3.747	$0.534

Table 4: Summary of monetized benefits and costs

Impacts	2025	2026	2029	2034	Total (valeur actuelle)	Annualized value
Total benefits	$0.575	$0.553	$0.553	$0.575	$3.946	$0.562
Total costs	$0.689	$0.526	$0.499	$0.521	$3.747	$0.534
Net impact	-$0.114	$0.027	$0.054	$0.054	$0.199	0.028

Qualitative impacts

Positive impacts

• Enhanced public safety in Canada, due to
  • increased compliance with regulatory requirements for transporting explosives,
  • consistent security screening of drivers transporting explosives,
  • consistent driver knowledge of transporting explosives safely and securely, and
  • enhanced regulatory compliance of propellant powder sellers.

Small business lens

Analysis under the small business lens concluded that the proposed amendments would impact small businesses. There are well over 1 000 active business-related licences issued under the Regulations, representing hundreds of different stakeholders, including many small businesses. Additionally, fireworks operating certificates (FOCs) are often held by individuals or groups considered to be “small businesses,” and these number over 10 000. Consultations included small businesses that provided information on the costs they currently face, advising that any costs should be kept lower for small businesses. Stakeholder consultation has been the driving force of the Review, and the amendments proposed in this package aim to address the irritants identified by stakeholders.

The proposed amendments can be broken into administrative and compliance costs.

The administrative costs include

• the removal of the requirement to submit fire safety plans to local fire departments (cost saving);
• the removal of the display assistant FOC (cost saving);
• cost to industry of acquiring a transport permit (cost increase); and
• record-keeping costs for transport permits (cost increase).

The compliance costs include

• allowing 40 model rocket motors to be imported without a permit (cost saving);
• modifications to the transport permit training program and record-keeping for industry (cost increase);
• cost to stakeholders of the amended fee regime (all fees) and new fees (cost increase).

It is expected, from the Review, that all businesses (including small businesses) would benefit from improved clarity and enhanced safety. The frequency with which a business encounters the Regulations is a determining factor in how impacted the business would be from the proposed amendments. Most costs emerging from the proposed amendments do not accrue to small businesses.

Small business lens summary

• Number of small businesses impacted: 3 297
• Number of years: 10 (2025–2034)
• Base year for costing: 2024
• Discount rate: 7%

Table 5: Benefits

Administrative or compliance	Description of benefit	Present value	Annualized value
Compliance	Changing the number listed in the Part 4 Import Table (labour cost — cost saving)	$2,195	$313
	Changing the number listed in the Part 4 Import Table (capital cost — cost saving)	$12,923	$1,840
	Remove display assistant FOC (Industry)	$191,997	$27,336
Administrative	Remove display assistant FOC (Industry)	$92,940	$13,233
Total	Total benefits	$300,054	$42,721

Table 6: Costs

Administrative or compliance	Description of cost	Present value	Annualized value
Compliance	Fee change – Division 1 and Division 2 manufacturing licence	$190,135	$27,071
	Fee change – Division 2 manufacturing certificate for all other explosives	$761,356	$108,400
	Fee change – User magazine licence – Other Explosives	$51,144	$7,282
	Fee change – Vendor magazine licence – other explosives (retail)	$259,083	$36,888
	Fee change – FOC – Initial (fee change)	$72,629	$10,341
	Fee change – FOC – Modification	$96,063	$13,677
	Fee change – FOC – Renewal	$130,359	$18,560
	Fee change – Firecracker use certificate	$3,512	$500
	Fee change – Authorization for an indefinite period (annual and initial)	$207,221	$29,504
	Fee change – Authorization for a specified period, for use other than at a special event, tour or international competition	$30,304	$4,315
	Fee change – Authorization for a specified period for use at a special event, tour or international competition	$10,161	$1,447
Total	Total costs	$1,811,968	$257,983

Table 7: Net impacts

Amount	Present value	Annualized value
Net impact on all impacted small businesses [Total benefits minus total costs]	-$1,511,914	-$215,263
Average net impact on each impacted small business [Net impact divided by number of impacted small businesses]	-$459	-$65

It is estimated that 3 297 small businesses would be impacted by the proposed amendments. The net impact of changes in compliance and administrative costs to small business is $215,263 in new costs per year, for a present value of $1,511,914 in costs over the next 10 years. This represents $65 in costs per small business per year, for a present value of $459 in costs per small business over the next 10 years.

One-for-one rule

The one-for-one rule applies since there is an incremental decrease in the administrative burden on business. The proposal is considered burden OUT under the rule, and no regulatory titles are repealed or introduced.

The amendments would result in annualized administrative net cost savings of $16,902. As per the Red Tape Reduction Regulations, the assessment of administrative impacts was conducted for a period of 10 years commencing from registration. All values listed in this section are presented in 2012 dollars, discounted to 2012 at a rate of 7%.

The total annualized cost savings from the reduced administrative burden is estimated to be $20,771. The administrative cost savings are attributed to the removal of the requirement to submit fire safety plans to local fire departments and to the removal of the display assistant fireworks operator certificate (cost of the certificate and the time required to apply).

The total annualized cost of the incremental administrative burden is estimated to be $3,870. The increase in the administrative cost is linked to the applications for a transport permit and to the record-keeping requirements for the transport permit.

Regulatory cooperation and alignment

While the proposed amendments are not part of any existing formal regulatory cooperation initiative, the Review assessed the regulatory regimes of other jurisdictions and aligned the regulation with those regimes where possible to ensure the proposed amendments reflect good regulatory practices. Amendments to the number of rocket motors that can be stored, imported and exported without a licence were made to harmonize the Regulations with those of Transport Canada and to better align the Regulations with comparable regulations in the United States. The introduction of the advanced high-power rocket motor (type R.4) classification also promotes harmonization with regulation in the United States. The Review found that, for many regulatory requirements, the Program and the explosives regulatory regime in Canada are the international leaders when it comes to regulating the explosives sector.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

There are no expected quantifiable adverse impacts predicted for any groups based on gender, sex, age, language, education, geography, culture, ethnicity, income, ability, sexual orientation or gender identity. The regulatees for this proposal tend to be within the 18- to 65-year-old range, more male than female and are more often in rural areas. Rural parties are more likely to be impacted by changes as most explosive manufacturing and storage activities take place outside of urban areas. The proposed regulatory changes would provide positive changes in the form of increased safety and security to the rural communities where explosives are manufactured and stored and would provide licence and permit holders with regulatory clarity while reflecting modern practices.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed amendments would come into force on a staggered basis. While some amendments would come into force upon publication in the Canada Gazette, Part II, proposed fee amendments would come into force in the fiscal year following publication in the Canada Gazette, Part II. Fees would be adjusted for inflation between when the fee proposal was developed and when the fee increase comes into force. Amendments related to transport permits would come into force two years following publication in the Canada Gazette, Part II. To support implementation, NRCan has updated guidance materials as needed and would make them available to stakeholders on or before the date of publication in the Canada Gazette, Part II. NRCan would notify stakeholders of the changes, provide additional information on the proposed amendments on its website, and continue to engage closely with stakeholders as needed.

Compliance and enforcement

Compliance and enforcement activities would begin on the coming-into-force date of the proposed amendments. These may include monitoring compliance through an inspection program, compliance verification and investigation activities based on complaints or identified non-compliance with the Regulations, and education and information sharing through the development of information materials and other compliance promotion activities. NRCan would conduct outreach activities as needed to increase awareness of the new requirements and to assist stakeholders in achieving compliance.

Service standards

The existing service standard for ERD to make a decision on applications for authorizations of explosives for both specified and indefinite periods is within 40 days from receipt of the complete documentation. NRCan’s existing service standard to process applications for most new licences, permits and certificates and renewals is 30 business days from receipt of the complete documentation and fee payment. NRCan’s existing service standard to process initial division 1 factory licence applications is within 60 business days from receipt of the complete documentation and fee payment.

The Program remits a portion of each fee (except for the fees identified as low-materiality fees) when it has failed to meet the service standard due to circumstances within the Program’s control. It does not remit amounts of $2 or less, and no interest is included.

Fee remissions are issued in June, after the fiscal year in which the Program fails to meet the service standard. The fee is remitted in the same form as it was paid and the remission is equal to 15% of the fee paid for the first 15 business days beyond the expected service standard period or 25% of the fee paid for more than 16 business days beyond the expected service standard period.

These service standards would apply to the proposed amendments to fees for Part 19.

Contact

Explosives Regulatory Division
Explosives, Regulatory and Business Services Branch
Natural Resources Canada
Telephone: 1‑855‑912‑0012
Email: explosives-explosifs@nrcan-rncan.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Explosives Regulations, 2013 under section 5^{footnote a} of the Explosives Act ^{footnote b}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Susan Archer, Executive Director, Explosives Operations and Regulatory Affairs, 588 Booth Street, Ottawa, Ontario K1A 0Y7 (email: lmsmmscanmet-erd-mmscanmet-erdstm@nrcan-rncan.gc.ca).

Ottawa, October 24, 2025

Janna Rinaldi
Acting Assistant Clerk of the Privy Council

Regulations Amending the Explosives Regulations, 2013

Amendments

1 Paragraph 4(10)(f) of the Explosives Regulations, 2013 ^{footnote 1} is replaced by the following:

• (f) model, high-power and advanced high-power rocket motors – Part 15.

2 (1) The definition vulnerable place in subsection 6(3) of the Regulations is replaced by the following:

vulnerable place

refers to

• (a) any building or place in which people live, work or assemble;
• (b) public roads and pathways, railways and other transportation infrastructure;
• (c) communication infrastructure and energy infrastructure, including 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)

(2) Subsection 6(3) of the Regulations is amended by adding the following in alphabetical order:

law enforcement agency

means a police force established for a province, municipality or region, the Royal Canadian Mounted Police, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi)

3 Paragraphs 25(a) to (j) of the Regulations are replaced by the following:

• (a) the manufacture, possession and storage 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, possession and storage 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, possession and storage 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, possession and storage of black powder charges for ceremonial use;
• (e) the manufacture, possession, storage, transportation and delivery of small arms cartridges or black powder cartouches for personal use;
• (f) the assembly, possession and use of special purpose pyrotechnics, as defined in section 361;
• (g) the sending of a sample of an explosive for authorization testing to the Chief Inspector of Explosives, at his or her request, and the possession, importation, transportation, delivery and storage of that sample;
• (h) the importation of an explosive, if the conditions set out in section 45 or 45.1 are met, and, if necessary, the possession, delivery, storage and transportation of that explosive;
• (i) the exportation, possession, delivery, storage and transportation of an explosive, if the conditions set out in section 45 are met;
• (j) the transportation in transit of an explosive and, if necessary, the transportation, possession, storage and delivery of that explosive;

4 Paragraph 36(2)(g) of the Regulations is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

• (iv) R.4 — advanced high-power rocket motors; or

5 The portion of item 1 of the table to section 45 of the Regulations in column 2 is replaced by the following:

TABLE

Item	Column 2 Quantity
1	40

6 Section 48 of the Regulations is renumbered as subsection 48(1) and is amended by adding the following:

Fees for export permits

(2) An applicant for an export permit must pay the applicable fees set out in Part 19.

7 Section 50 of the Regulations is renumbered as subsection 50(1) and is amended by adding the following:

Fees for in transit permits

(2) An applicant for an in transit permit must pay the applicable fees set out in Part 19.

8 The definition client site in section 55 of the Regulations is replaced by the following:

client site

means

• (a) a blast site where a mobile process unit is used to manufacture explosives away from a factory or satellite site; or
• (b) a point-of-use site where jet perforating guns are manufactured. (site client)

9 (1) The portion of paragraph 60(2)(a) of the Regulations before subparagraph (ii) is replaced by the following:

• (a) a factory site plan or a satellite site plan that shows

(2) The portion of subsection 60(4) of the Regulations before paragraph (a) is replaced by the following:

Client site

(4) If the manufacture of explosives, other than jet perforating guns, is to be carried out at a client site, the application must include the following information:

(3) Paragraph 60(4)(b) of the Regulations is replaced by the following:

• (b) except at a mine site or quarry, a description of the client site that includes
  • (i) a site plan that shows each vulnerable place within the client site, and
  • (ii) the distance in metres between each vulnerable place and each mobile process unit.

(4) Subsection 60(6) of the Regulations is amended by striking out “and” at the end of paragraph (e) and by replacing paragraph (f) with the following:

• (f) the distance in metres between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the site plan; and
• (g) for each magazine at the site, the applicable magazine type number or, if there is no applicable number, its specifications, including its construction materials and its safety and security features.

(5) Subparagraph 60(8)(b)(iv) of the Regulations is replaced by the following:

• (iv) emergency response plans that include a fire safety plan that sets out the information referred to in subsection (8.1), and

(6) Subsection 60(8) of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

• (f) any documentation of any Indigenous engagement in relation to the factory, satellite site or client site or of the operations to be carried out there;

(7) Subsection 60(9) of the Regulations is replaced by the following:

Fire safety plan

(8.1) The application must include a fire safety plan that sets out

• (a) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire;
• (b) the emergency procedures to be followed in case of a fire, including
  • (i) activation of the alarms,
  • (ii) notification of the fire department, and
  • (iii) evacuation procedures, including evacuation routes and safe assembly places;
• (c) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought; and
• (d) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan.

Identifier

(9) Every process unit, factory magazine, raw material storage facility, building, structure and vulnerable place that is shown on the site plan must be identified by a number, letter or distinctive name, which must be used to identify them in every drawing, sketch or description included in the application.

10 Section 62 of the Regulations is replaced by the following:

Responsibilities of licence holder

62 A holder of a division 1 factory licence must ensure that the requirements set out in sections 63 to 68.1 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

11 Subsection 63(9) of the Regulations is replaced by the following:

Protection against lightning strikes

(9) Every process unit or building in which a process unit is located must be protected from lightning strikes if

• (a) there is a possibility of an ignition or a fire from lightning strikes; and
• (b) it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm.

Monitoring

(10) Every magazine for type E and type I explosives must be monitored using the physical or electronic means that the Minister determines to be acceptable, based on any security risks at the site, including the potential for theft and harm, unless otherwise specified in the licence or the certificate.

12 Subsection 64(5) of the Regulations is replaced by the following:

Motorized transport units

(5) A motorized transport unit that contains explosives must be equipped with fire extinguishing equipment suitable for the fire hazards to which the unit is exposed.

13 The Regulations are amended by adding the following after section 65:

Stacking

65.1 Packages and containers of explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

14 The portion of subsection 67(1) of the Regulations before paragraph (a) is replaced by the following:

Thunderstorms

67 (1) On the approach of and during a thunderstorm, the following procedures must be followed if there is a possibility of an ignition or a fire from lightning strikes:

15 Subsections 68(7) and (8) of the Regulations are replaced by the following:

Maintenance records and work permits

(7) A maintenance record of all maintenance and repair work done in or to every process unit, factory magazine and transport unit, and to any manufacturing equipment whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for this maintenance and repair work must also be kept for two years after the date on which the work is completed.

Progressive cavity pump logbook and maintenance record

(8) For each progressive cavity pump, a logbook that sets out the operating history of the pump and a separate maintenance record that sets out the maintenance and repair work done to it must be kept at the factory for the life of the pump.

16 The Regulations are amended by adding the following after section 68:

Factory magazine attended

68.1 A factory magazine must be attended in person when it is unlocked.

17 Section 70 of the Regulations is replaced by the following:

Signs — placement

70 (1) Signs that warn against unauthorized entry must be posted

• (a) at each entrance to a factory or satellite site in a clearly visible location; and
• (b) on the perimeter of a factory or satellite site in such number and manner as necessary to be visible to anyone approaching the factory or satellite site.

Content

(2) Each sign must include

• (a) a warning of the danger from open flames and other sources of ignition; and
• (b) unless doing so could adversely impact security by attracting unwanted attention, a warning of the danger from explosives.

18 Section 72 of the Regulations is replaced by the following:

Signs — raw material storage facilities

72 A sign that sets out the following information must be posted in a clearly visible location at the main entrance of each raw material storage facility:

• (a) the raw material, and the properties of the raw material, that is authorized to be stored in the facility; and
• (b) the quantity of raw material that is authorized to be stored at any one time.

19 Subsection 74(1) of the Regulations is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

• (e) in the case of a deteriorated, expired or misfired explosive, the words “Deteriorated/Détérioré”, “Expired/Périmé” or “Misfired/Raté”, as the case may be.

20 Subsection 79(1) of the Regulations is replaced by the following:

No smoking

79 (1) Smoking must be prohibited at the factory and any satellite site unless precautions are taken to minimize the likelihood of a fire or an ignition.

21 Subsection 82(1) of the Regulations is replaced by the following:

Training program

82 (1) Every employee must be trained to carry out their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person or a person who otherwise has the knowledge, training and experience to give the training referred to in subsection (2).

22 Subsection 94(2) of the Regulations is replaced by the following:

Loading and unloading

(2) Explosives and raw material must not be loaded into or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown or accident, unloading may be carried out at the location of the breakdown or accident if the Minister is notified of the breakdown or accident and determines that precautions that minimize the likelihood of ignition have been taken.

23 Subsection 95(1) of the Regulations is repealed.

24 Subsection 98(10) of the Regulations is replaced by the following:

Progressive cavity pump logbook and maintenance record

(10) For each progressive cavity pump, a logbook that sets out the operating history of the pump and a separate maintenance record that sets out the maintenance and repair work done to it must be kept at the factory for the life of the pump.

25 (1) Subsection 99(3) of the English version of the Regulations is replaced by the following:

Precautions

(3) Before manufacturing operations begin, every person at the client site must be informed of the precautions that must be taken while dewatering, driving over loaded boreholes, handling charging hose and carrying out charging operations.

(2) Section 99 of the Regulations is amended by adding the following after subsection (3):

Acceptable distance requirement

(3.1) Every mobile process unit manufacturing explosives at a client site must be located at an acceptable distance from surrounding structures and infrastructure and places where people are likely to be present.

Criteria — acceptable distance

(3.2) Acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the mobile process unit, magazine or facility.

26 The Regulations are amended by adding the following after section 100:

Emergency Response Plans

Responsibilities of licence holder

100.1 A holder of a division 1 factory licence must ensure that the requirements set out in sections 100.2 to 100.4 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Update of plan

100.2 The emergency response plans referred to in 60(8)(b)(iv) must be updated to reflect any change in circumstances that could adversely affect the safety of the factory or satellite site.

Local fire department

100.3 (1) The local fire department must be notified

• (a) of the presence of explosives on site;
• (b) that a copy of the fire safety plan referred to in subparagraph 60(8)(b)(iv) will be sent to it, on request; and
• (c) of any updates to that fire safety plan.

Copy of plan

(2) A copy of the most recent version of the fire safety plan must be

• (a) sent to the local fire department, on request; and
• (b) made available to every employee at a factory or satellite site.

Employees

100.4 Every employee must be made aware of the content of the most recent version of the emergency response plan.

Jet Perforating Guns

Manufacture requirements

100.5 A holder of a division 1 factory licence may manufacture jet perforating guns at a client site if

• (a) the manufacturing is operationally necessary;
• (b) the assembly or any disassembly of the jet perforating guns is carried out by a competent person at an acceptable distance from surrounding structures and infrastructure and places where people are likely to be present so that the risk of harm to people and property is as low as reasonably practicable;
• (c) the number of people present during the assembly of the perforating guns does not exceed the number necessary for the safe assembly of those perforating guns; and
• (d) the assembly of the perforating guns at the client site does not significantly increase the risk of harm to people and property as compared to the assembly of those perforating guns at a licensed factory site.

27 Subsection 103(2) of the Regulations is replaced by the following:

No smoking

(2) Workers and visitors must not smoke at a factory or satellite site unless precautions are taken to minimize the likelihood of a fire or an ignition.

28 (1) Paragraphs 107(1)(a) and (b) of the Regulations are replaced by the following:

• (b) the manufacture of small arms cartridges, including small arms cartridges authorized as type D explosives, for sale and the storage of up to 225 kg of explosives contained in the cartridges and up to 75 kg of propellant powder in containers to be used in manufacturing the cartridges;

(2) Paragraphs 107(1)(i) to (l) of the Regulations are replaced by the following:

• (i) the assembly, packaging and storage of display fireworks at a location other than the site of the display;
• (j) the non-mechanical mixing of non-explosive components for the purpose of manufacturing industrial explosives at the site where they will be used;
• (k) the preparation and packaging of assortments of explosives for the purpose of sale;
• (l) the manufacture of multi-ingredient kits, including reactive target kits, and the storage of the kits;
• (m) the manufacture of explosives determined by the Minister to be of similar risk of harm to people or property when compared to other activities listed under this subsection; or
• (n) any activity relating to the destruction of explosives other than type D, E or I explosives.

29 Subsection 108(2) of the Regulations is replaced by the following:

Storage

(2) A holder of a division 2 factory licence or manufacturing certificate must ensure that every workplace and magazine is

• (a) constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire; and
• (b) located at an acceptable distance from surrounding structures and infrastructure and places where people are likely to be present.

Criteria — acceptable distance

(2.1) For the purposes of paragraph (2)(b), acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.

30 (1) Subsection 109(1) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

• (g) an emergency response plan that includes a fire safety plan that sets out
  • (i) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire,
  • (ii) the emergency procedures to be followed in case of a fire, including
    • (A) activation of the alarms,
    • (B) notification of the fire department, and
    • (C) evacuation procedures, including evacuation routes and safe assembly places,
  • (iii) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought, and
  • (iv) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan.

(2) The portion of subsection 109(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

Plan du site

(2) La demande contient un plan du site qui indique :

(3) Paragraph 109(2)(b) of the Regulations is replaced by the following:

• (b) the geographical coordinates of any outdoor area included in the workplace;

(4) Paragraphs 109(2)(c) and (d) of the English version of the Regulations are replaced by the following:

• (c) the location of the barriers and equipment described in paragraphs (1)(d) and (e);
• (d) the distance in metres between the barriers and equipment described in paragraphs (1)(d) and (e);

31 The Regulations are amended by adding the following after section 128:

Emergency Response Plans

Responsibilities of licence holder

128.1 A holder of a division 2 factory licence must ensure that the requirements set out in sections 128.2 to 128.4 are met.

Update of plan

128.2 The emergency response plan referred to in paragraph 109(1)(g) must be updated to reflect any change in circumstances that could adversely affect the safety of the factory.

Local fire department

128.3 (1) The local fire department must be notified

• (a) of the presence of explosives on site;
• (b) that a copy of the fire safety plan referred to in paragraph 109(1)(g) will be sent to it, on request; and
• (c) of any updates to that fire safety plan.

Copy of plan

(2) A copy of the most recent version of the fire safety plan must be

• (a) sent to the local fire department, on request; and
• (b) made available to every employee at a factory.

Employees

128.4 Every employee at a factory must be made aware of the content of the most recent version of the emergency response plan.

Magazines

Responsibilities of licence holder

128.5 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements set out in sections 128.6 to 128.9 are met.

Exterior signs

128.6 On the outside of each process unit and magazine, a sign that sets out either the number, letter or distinctive name specified in the division 2 factory licence or manufacturing certificate for that unit or magazine or the activities for which the unit or magazine is used, must be posted at each entrance in a clearly visible location.

Unlocked magazine

128.7 A magazine must be attended in person when it is unlocked.

Stacking

128.8 Packages and containers of explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

Monitoring

128.9 Every magazine for type E and type I explosives must be monitored using physical or electronic means that the Minister determines to be acceptable based on security risks at the site specified in the licence or certificate, unless otherwise specified in that licence or certificate.

32 The Regulations are amended by adding the following after section 136:

Avalanche prevention

136.1 A person who complies with the following requirements may assemble and prepare explosives used in remote avalanche control systems at or near the site where the systems are located:

• (a) the explosive must be on the list of authorized explosives referred to in subsection 41(1); and
• (b) the assembly and preparation must be conducted immediately prior to the loading of the explosives into the system.

33 Subsection 137(1) of the Regulations is replaced by the following:

Pneumatic transfer of explosives

137 (1) A person who complies with subsection (2) may pneumatically transfer explosives at a mine or a quarry.

34 Paragraph 138(2)(e) of the Regulations is replaced by the following:

• (e) if the explosive to be manufactured is a special purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician.

35 Paragraph 138.1(2)(d) of the Regulations is replaced by the following:

• (d) the person mixing the ingredients must
  • (i) hold a Firearms Possession and Acquisition Licence issued under the Firearms Act,
  • (ii) be a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord), or
  • (iii) at a pyrotechnic event, be under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

36 The Regulations are amended by adding the following after section 142:

Loading and unloading

142.1 Emulsion and water gel explosives, including ammonium nitrate emulsions UN 3375, must not be loaded into or unloaded from a highway tank, portable tank or intermediate bulk container except at the factory or a satellite site or at a client site specified in the division 1 factory licence or the satellite site certificate. However, in the case of a mechanical breakdown or an accident, unloading may be carried out at the location of the breakdown or accident if the Minister is notified of the breakdown or accident and determines that precautions that minimize the likelihood of ignition have been taken.

37 Section 144 of the Regulations is amended by adding the following in alphabetical order:

main licence

means the licence for the magazine in which the holder of a shared magazine licence stores their explosives. (licence principale)

shared magazine licence

means a licence to store explosives in another person’s or entity’s licensed magazine. (licence pour poudrière partagée)

38 Section 145 of the Regulations is replaced by the following:

Application for licence

145 (1) An applicant for a magazine licence must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state the type of licence that the applicant is requesting.

Content

(2) An application for a magazine licence, other than an application for a shared magazine licence or by a drop-ship seller, must include

• (a) the name, address, telephone number and email address of both the applicant and a contact person;
• (b) the address and geographical coordinates of the magazine site;
• (c) the number of magazines for which the licence is requested;
• (d) the quantity of each type of explosive to be stored in each magazine;
• (e) if the application is for a vendor magazine licence, an indication of whether the magazine site will be a retail establishment or a distribution establishment;
• (f) if the magazine site will be a distribution establishment, an indication of whether explosives will be repackaged there;
• (g) a plan of the magazine site that shows
  • (i) the location of each magazine and each vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, and
  • (ii) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;
• (h) if one or more magazines occupies only a part of a building or structure, a drawing that shows the location of each magazine in the building or structure and the location of each entrance to and exit from the room or area in which each magazine is located and to which the public has access;
• (i) a description of the proposed use of the site and the proposed use of each building and structure at the site;
• (j) the distance in metres between each magazine and any potential source of ignition at the site;
• (k) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site and between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;
• (l) the minimum distance in metres that must be maintained between each magazine at the site and each vulnerable place shown on the site plan;
• (m) the distance in metres between each magazine at the site and each vulnerable place shown on the site plan;
• (n) a description of the safety and security features of the site (for example, signs, alarm systems, barriers, fencing and berms);
• (o) for each magazine at the site,
  • (i) the tag number, if any, issued by the Explosives Regulatory Division at the Department of Natural Resources,
  • (ii) the applicable magazine type number or, if there is no applicable number, its specifications, including its construction materials and its safety and security features, and
  • (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 m;
• (p) a fire safety plan that sets out
  • (i) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire,
  • (ii) the emergency procedures to be followed in case of a fire, including
    • (A) activation of the alarms,
    • (B) notification of the fire department, and
    • (C) evacuation procedures, including evacuation routes and safe assembly places,
  • (iii) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought,
  • (iv) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan,
  • (v) the name, address, telephone number and email address of the applicant and of the person responsible for the plan, and
  • (vi) the address and geographical coordinates of the magazine site and, if applicable, its company name;
• (q) if type E, I or D explosives are to be stored at the site, a security plan that sets out
  • (i) an assessment of the security risks resulting from the presence of explosives at the site,
  • (ii) a description of the measures to be taken to minimize those risks,
  • (iii) a description of the procedures to be followed in response to security incidents, and
  • (iv) a description of the procedures to be followed to report security incidents; and
• (r) if the magazine site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, a plan that sets out where and how any expired marine flares that are returned to the site will be stored and destroyed.

Content — shared magazine licence

(3) An application for a shared magazine licence must include

• (a) the name, address, telephone number and email address of both the applicant and a contact person;
• (b) the address and geographical coordinates of the magazine site;
• (c) the number of magazines for which the licence is requested;
• (d) the quantity of each type of explosive to be stored in each magazine;
• (e) if the application is for a vendor magazine licence, an indication of whether the applicant intends to use the magazine site as a retail establishment or a distribution establishment;
• (f) the description of the magazine site provided by the main licence holder;
• (g) for each magazine in which the applicant’s explosives are to be stored,
  • (i) the tag number, if any, issued by the Explosives Regulatory Division at the Department of Natural Resources, or
  • (ii) the identifier referred to in subsection (5);
• (h) the types of explosives that the applicant will store;
• (i) the maximum quantity of each type of explosive that the applicant may store; and
• (j) if the magazine site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, a plan that sets out where and how any expired marine flares that are returned to the site will be stored and destroyed.

Content — drop-ship seller

(4) An application by a drop-ship seller must include

• (a) the name, address, telephone number and email address of both the applicant and a contact person;
• (b) the maximum quantity of each type of explosive that the applicant may sell in a single sales transaction; and
• (c) the types of explosives that the applicant will sell.

Identifier

(5) Every magazine and vulnerable place that is shown on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description.

Scale drawing

(6) Every drawing or plan must be drawn to scale or be a reasonable approximation of actual distances and dimensions and must include a legend.

Fees

(7) An applicant for a magazine licence must pay the applicable fees set out in Part 19.

39 Section 146 of the Regulations is replaced by the following:

Responsibilities of licence holder

146 (1) A holder of a user magazine licence, vendor magazine licence or user magazine zone licence must ensure that

• (a) the requirements of sections 147 to 160 are met and that a person referred to in section 161 is aware of their obligations under that section; and
• (b) if the licence holder stores explosives for a shared magazine licence holder, the requirements of sections 163.1 and 163.2 are met.

Shared magazine licence

(2) A holder of a shared magazine licence must ensure that the requirements of sections 149 to 152, 156, 160, 162 and 163 are met with respect to the explosives that they are storing in a magazine of the main licence holder described in the shared magazine licence.

40 Subsections 147(2) and (3) of the Regulations are replaced by the following:

Criteria — acceptable distance

(2) Acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of explosives to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.

41 Section 148 of the Regulations is replaced by the following:

Structural requirements

148 Every magazine must be constructed and maintained so that it conforms to good engineering practices and so that it is well-ventilated and resistant to theft, weather and fire.

42 Section 154 of the Regulations is replaced by the following:

Monitoring

153.1 Every magazine for type E and type I explosives must be attended using physical or electronic means that the Minister determines to be acceptable based on security risks at the site specified in the magazine licence, unless otherwise specified in that licence.

Fire safety plan

154 (1) The local fire department must be notified

• (a) of the presence of explosives on site;
• (b) that a copy of the fire safety plan referred to in paragraph 145(2)(p) is available to them, on request; and
• (c) of any updates to that fire safety plan.

Copy of plan

(2) A copy of the most recent version of the fire safety plan must be

• (a) sent to the local fire department, on request; and
• (b) made available to every employee at the magazine site.

Employees

(3) Every employee at a magazine site must be made aware of the content of the most recent version of the fire safety plan.

Update of plan

(4) The fire safety plan must be updated to reflect any change in circumstances that could adversely affect the safety of the magazine site.

43 The Regulations are amended by adding the following after section 159:

Exterior signs

159.1 The identifier that is used to identify a magazine under subsection 145(5) must be posted on the exterior of the magazine.

Signs — placement

159.2 (1) Signs that warn against unauthorized entry must be posted at magazine sites for type D, E or I explosives

• (a) at each entrance to the site in a clearly visible location; and
• (b) on the perimeter of the site in such number and manner as necessary to be visible to anyone approaching the site.

Content

(2) Each sign must include

• (a) a warning of the danger from open flames and other sources of ignition; and
• (b) unless doing so could adversely impact security by attracting unwanted attention, a warning of the danger from explosives.

44 The heading before section 162 and sections 162 and 163 of the Regulations are replaced by the following:

Requirements for Shared Magazine Licence Holders

Agreement

162 A holder of a shared magazine licence must maintain a written agreement with the main licence holder for the storage of explosives in the magazine described in the shared magazine licence. The agreement must be signed by both parties.

Access to magazines

163 A holder of a shared magazine licence may not have access to a magazine described in the licence unless accompanied by an authorized representative of the main licence holder for that magazine.

Requirements for Main Licence Holders

Agreement

163.1 The main licence holder must maintain a written agreement with the shared magazine licence holder that allows the shared magazine licence holder to store explosives in the magazine described in the shared magazine licence. The agreement must be signed by both parties.

Access to magazines

163.2 The main licence holder must ensure that their authorized representative accompanies a shared magazine licence holder when they access the magazine described in the licence.

Requirements for Drop-ship Sellers

Acquisition and sale

163.3 A drop-ship seller may acquire and sell the explosives described in their licence.

45 Section 165 of the Regulations is amended by adding the following after subsection (2):

Exception

(3) Despite subsection (1), a holder of a licence or a certificate for a mobile process unit (MPU) may move the MPU to a site not specified in the licence or certificate if

• (a) the holder also holds a factory licence or satellite certificate for that site;
• (b) it does not result in an exceedance of the maximum quantity of explosives specified in the licence or certificate referred to in paragraph (a);
• (c) the MPU is located at the site for no more than 30 days in a calendar year; and
• (d) before moving the MPU, the holder of the licence or certificate informs an inspector in writing using electronic means of the date on which the MPU will be moved, the site to which it will be moved and the number of days during which it will be located at the site.

Records

(4) A holder of the licence or certificate must keep a record of any movement of an MPU under subsection (3) for two years after the date on which it is moved.

46 (1) Subsection 169(1) of the Regulations is replaced by the following:

Decommissioning plan

169 (1) Before decommissioning a factory or satellite site, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister.

(2) Subsection 169(2) of the English version of the Regulations is replaced by the following:

Decommissioning plan — magazine

(2) Before decommissioning a workplace or magazine, a holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decommissioning plan to the Minister if the workplace or magazine contains any explosive residue.

(3) Subsection 169(5) of the Regulations is replaced by the following:

Responsibility of holder

(5) The holder must implement the decommissioning plan and ensure that the factory, satellite site, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the decommissioning. They must inform the Minister when the decommissioning is complete.

47 Subsection 173(1) of the Regulations is replaced by the following:

Suspension

173 (1) The Chief Inspector of Explosives may suspend a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act, these Regulations or any term or condition of the document. The suspension is to continue until the Chief Inspector determines that the holder has taken measures that bring the holder into compliance.

48 Section 174 of the Regulations is replaced by the following:

Overview

174 This Part sets out the screening requirements for people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to manufacture, store, transport, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval.

49 (1) The definition permit in subsection 175(1) of the Regulations is replaced by the following:

permit

means a permit that authorizes the transportation, importation, exportation or in transit transportation of a high hazard explosive. (permis)

(2) The definition equivalent document in subsection 175(1) of the Regulations is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):

• (g) a security clearance issued by the Government of Canada to individuals working as employees of the Government of Canada who have access to high hazard explosives in the course of their duties; or
• (h) a personnel security clearance issued to members of a law enforcement agency who have access to high hazard explosives in the course of their duties. (document équivalent)

(3) Subsection 175(2) of the Regulations is replaced by the following:

Access

(2) A person is considered to have access to a high hazard explosive if they have possession or control of the explosive, even momentarily, or can exercise control of the explosive.

50 Subsection 176(2) of the Regulations is replaced by the following:

List of employees

(2) Every applicant for a licence, permit or certificate, or for the renewal of one, must include with the application a list of their employees who are required by this Part to have an approval letter or equivalent document. This list must indicate, for each employee, the type of approval letter or equivalent document, the letter or document number and its expiry date.

51 (1) Subsection 178(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:

• (b) directly supervises a person who has access to a high hazard explosive or who permits others to have access to such an explosive.

(2) Subsection 178(2) of the Regulations is replaced by the following:

Supervision of others

(2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they directly supervise a person who, in carrying out their functions for the holder, has access to a high hazard explosive.

52 The Regulations are amended by adding the following after section 178:

Update of employee list

178.1 A holder of a licence, permit or certificate must keep the list referred to in subsection 176(2) up to date.

53 Section 186 of the Regulations is replaced by the following:

Overview

186 This Part sets out the requirements for transporting explosives, including in transit transportation and the loading and unloading of explosives, that must be met by shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 190.1 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply.

54 (1) The definition shipper in section 187 of the Regulations is replaced by the following:

shipper

means a person who arranges for a carrier, prepares the explosives for transport and transfers them to the carrier. (expéditeur)

(2) Section 187 of the Regulations is amended by adding the following in alphabetical order:

transport permit

means a permit that is issued under paragraph 7(1)(b) of the Explosives Act and that authorizes a carrier to use a road vehicle to transport explosives. (permis de transport)

55 The portion of subsection 190(1) of the Regulations before paragraph (a) is replaced by the following:

List of explosives

190 (1) A carrier or driver is not subject to the requirements of sections 190.1 to 203.1 if they transport

56 The Regulations are amended by adding the following after section 190:

Transport permit

190.1 (1) A carrier must hold a transport permit before transporting explosives on a public road.

Application — transport permit

(2) To obtain a transport permit, an applicant 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

• (a) the name, address, telephone number and email address of both the applicant and a contact person; and
• (b) a list of the vehicles that will be used to transport explosives that includes vehicle descriptions and vehicle identification numbers (VIN).

Period of validity

(3) A transport permit remains valid for three years after the date on which it is issued.

Update of list

(4) The carrier must keep the information referred to in paragraph (2)(b) up to date and annually send it to the Chief Inspector of Explosives.

Non-application

(5) Subsections (1) to (4) do not apply to

• (a) a law enforcement agency or a peace officer, when they are transporting explosives in the course of their duties;
• (b) a holder of a division 1 or 2 factory licence or an employee thereof;
• (c) a magazine licence holder;
• (d) a holder of a fireworks operator certificate;
• (e) an employee of the federal government or an inspector, when they are transporting explosives in the course of their duties;
• (f) a carrier who transports explosives in a vehicle that is licensed outside of Canada;
• (g) a carrier who transports explosives for personal use, within the unlicensed storage limits set out in these Regulations; or
• (h) a carrier who is responding to an emergency, an accident or a breakdown.

Fees

(6) The applicant for a transport permit must pay the applicable fees set out in Part 19.

Transfers

190.2 A shipper or seller must not transfer explosives to a carrier unless the carrier holds a valid transport permit or subsection 190.1(5) applies to the carrier.

Hiring

190.3 (1) A shipper must, before hiring the carrier to transport explosives, verify that the carrier holds a valid transport permit or that subsection 190.1(5) applies to the carrier.

Records

(2) A shipper must keep a record of each carrier that it hires for two years after the date of the hire. The record must include

• (a) the number and expiration date of the carrier’s transport permit or, if applicable, the reason why the carrier is not required to have a permit; and
• (b) the dates on which explosives are transported by the carrier.

57 (1) Paragraph 191(3.1)(b) of the Regulations is replaced by the following:

• (b) the transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) or has successfully completed a display fireworks safety and legal awareness course certified by the Minister and ensures that the quantity of fireworks transported in the towed vehicle does not exceed 750 kg and that precautions have been taken to minimize the sway of both vehicles.

(2) Section 191 of the Regulations is amended by adding the following after subsection (5.1):

Non-application

(5.2) Subsections (1), (2) and (4) do not apply to explosives transported underground within a mine site if they are

• (a) transported in a vehicle that is designed, constructed and maintained to ensure that they remain securely held in place during transport;
• (b) protected from damage and from coming into contact with any material that could produce a spark; and
• (c) transported in a manner that protects them from theft.

(3) Subsection 191(8) of the Regulations is replaced by the following:

Fire extinguishers

(8) The carrier must ensure that the vehicle that contains explosives is equipped with fire extinguishing equipment that is suitable for the fire hazards to which the vehicle is exposed.

58 (1) Subsection 192(2) of the Regulations is replaced by the following:

Damaged or deteriorated explosives

(2) The shipper and the carrier must not transport damaged or deteriorated explosives unless the transport can be done safely and

• (a) precautions that minimize the likelihood of an ignition have been taken;
• (b) applicable instructions from the manufacturer are followed; and
• (c) the transportation is done according to product classification.

(2) Paragraph 192(3)(b) of the Regulations is repealed.

(3) Subsection 192(4) of the Regulations is repealed.

59 The Regulations are amended by adding the following after section 192:

Driver competencies

192.1 (1) A holder of a transport permit must ensure that every driver who transports explosives is certified as trained.

Certification

(2) A holder of a transport permit must certify as trained any driver

• (a) who has successfully completed the training referred to in section 192.2; or
• (b) who the holder has reasonable grounds to believe understands the hazards to which they could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the explosives.

Form and contents

(3) Evidence of a driver’s certification may be either a training record or a document signed by the person who provided the training or by the holder of the transport permit. It must be given to the driver and include the driver’s name, the operating procedures the driver is competent to carry out and the date on which the certification will expire.

Expiry

(4) A driver’s training certification must expire not more than five years after the date of the certification. If a change occurs in the operating procedures for which the driver was certified, the driver must be trained in the new operating procedures, but the expiry date of the certification must remain the same.

Records

(5) The carrier must keep a record of the basis upon which each driver who transports explosives is certified. The record must be kept for at least two years after the day on which the driver’s certification expires.

Training program

192.2 (1) The training must cover the information necessary to allow the driver to ensure the safety and security of the driver, the general public and the explosives being transported, including a review of

• (a) the relevant provisions of the Explosives Act and of these Regulations;
• (b) the precautions to be taken to minimize the likelihood of an ignition; and
• (c) the carrier’s policies and procedures that affect or may affect the safe and secure transportation of explosives.

Trainer

(2) The training must be given by a person who has the training, knowledge and experience to deliver it.

60 Paragraph 193(1)(b) of the Regulations is replaced by the following:

• (b) the vehicle is fuelled or charged, or both, and all required servicing of the vehicle is carried out before the loading of explosives begins.

61 Subsection 194(7) of the Regulations is replaced by the following:

Securing explosives

(7) The carrier must ensure that the explosives are stowed and secured in a manner that minimizes the possibility of an ignition, including ignition by another item or substance that is also being transported in the vehicle.

62 (1) The portion of subsection 196(5) of the Regulations before paragraph (a) is replaced by the following:

No stopping en route

(5) The driver of a vehicle transporting explosives must not stop en route unnecessarily. If a stop is necessary, the driver must stop for no longer than required under the circumstances and must park the vehicle away from any place where there is an open flame or any other thing that could increase the likelihood of an ignition, and, in order to ensure that the risk of harm to people and property is as low as reasonably practicable, the driver must park the vehicle away from:

(2) Subsection 196(8) of the Regulations is replaced by the following:

Maintaining separation

(8) A driver of a vehicle transporting more than 2 000 kg of explosives must, in order to ensure that the risk of harm to people and property is as low as reasonably practicable, maintain an acceptable distance between their vehicle and any other vehicle that is transporting more than 2 000 kg of explosives.

63 (1) Subsection 199(1) of the Regulations is replaced by the following:

Vehicle attended

199 (1) The carrier and the driver of a vehicle that contains explosives must ensure that it is attended in person unless

• (a) it is at a factory or satellite site; or
• (b) a magazine licence issued under Part 6 permits it to be attended in another manner.

(2) Paragraphs 199(4)(b) and (c) of the Regulations are replaced by the following:

• (b) the vehicle, including the portion of the vehicle containing explosives, is parked in a secure location and is monitored using continuous electronic surveillance;
• (c) the vehicle, including the portion of the vehicle containing explosives, has a device or system to ensure that the vehicle is immobilized and that the driver and the carrier are alerted by an alarm if an attempt is made to steal it; and

64 Subsection 202(4) of the Regulations is replaced by the following:

Securing explosives

(4) The carrier must ensure that the explosives are stowed and secured in a manner that minimizes the possibility of an ignition, including ignition by another item or substance that is also being transported.

65 The definition law enforcement agency in section 205 of the Regulations is repealed.

66 The Regulations are amended by adding the following after section 207:

Reuse of packaging

207.1 A seller must ensure that any packaging or container that has been used for type D explosives is not reused unless

• (a) the transport classification of the type D explosives remains unchanged;
• (b) the type D explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type D explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

67 The Regulations are amended by adding the following after section 211:

Reuse of packaging

211.1 A user must ensure that any packaging or container that has been used for type D explosives is not reused unless

• (a) the transport classification of the type D explosives remains unchanged;
• (b) the type D explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type D explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

68 The definition industrial explosive in section 213 of the Regulations is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

69 Section 221 of the Regulations is replaced by the following:

Acquisition

221 (1) A user may acquire and store industrial explosives if they hold a licence or a manufacturing certificate or are authorized by a competent provincial or territorial authority to use, keep or store such explosives at a mine site or quarry.

Exception

(2) Despite subsection (1), a user may store industrial explosives in a remote avalanche control system without a magazine licence if the system is not easily accessible by the public.

70 (1) Subsection 223(1) of the Regulations is replaced by the following:

Storage

223 (1) A user who holds a licence or a manufacturing certificate must store their industrial explosives in the magazine specified in their licence or certificate.

(2) Subsection 223(3) of the Regulations is replaced by the following:

Exceptions

(3) Subsections (1) and (2) do not apply to industrial explosives that are

• (a) stored on offshore platforms for use in offshore oil or gas wells; or
• (b) temporarily stored outside of a magazine at an underground mine where only authorized people have access to the explosives and where there are measures in place to ensure that the risk of harm to people and property is as low as reasonably practicable.

71 The Regulations are amended by adding the following after section 233:

Packaging

Reuse of packaging

233.1 A seller must ensure that any packaging or container that has been used for type C.2 explosives is not reused unless

• (a) the transport classification of the type C.2 explosives remains unchanged;
• (b) the type C.2 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type C.2 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

72 The Regulations are amended by adding the following after section 237:

Reuse of packaging

237.1 A user must ensure that any packaging or container that has been used for type C.2 explosives is not reused unless

• (a) the transport classification of the type C.2 explosives remains unchanged;
• (b) the type C.2 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type C.2 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

73 Subsection 243(1) of the Regulations is replaced by the following:

Licensed seller

243 (1) A seller who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence and ensure that the requirements of section 244 are met.

74 The Regulations are amended by adding the following after section 244:

Consumer packs

244.1 If a low-hazard special purpose explosive is packaged in a consumer pack, the consumer pack must be

• (a) of sufficient strength to withstand normal handling;
• (b) designed to prevent a person who is handling it from being able to ignite the flares that it contains; and
• (c) designed to prevent any shifting of the flares during handling or transportation.

75 The Regulations are amended by adding the following after section 250:

Packaging

Reuse of packaging

250.1 A seller must ensure that any packaging or container that has been used for type S.1 explosives is not reused unless

• (a) the transport classification of the type S.1 explosives remains unchanged;
• (b) the type S.1 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type S.1 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

76 The Regulations are amended by adding the following after section 254:

Reuse of packaging

254.1 A user must ensure that any packaging or container that has been used for type S.1 explosives is not reused unless

• (a) the transport classification of the type S.1 explosives remains unchanged;
• (b) the type S.1 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type S.1 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

77 The Regulations are amended by adding the following after section 259:

Selling — reactive targets

259.1 A seller may sell reactive targets to a user who holds a licence issued under the Firearms Act.

78 Paragraph 261(f) of the Regulations is replaced by the following:

• (f) if applicable, the number of the buyer’s licence issued under the Firearms Act.

79 The Regulations are amended by adding the following after section 261:

Packaging

Reuse of packaging

261.1 A seller must ensure that any packaging or container that has been used for type S.2 explosives is not reused unless

• (a) the transport classification of the type S.2 explosives remains unchanged;
• (b) the type S.2 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type S.2 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

80 Section 262.2 of the Regulations is repealed.

81 Subsection 264(2) of the Regulations is replaced by the following:

Reactive targets

(2) No more than 6.5 kg of reactive targets may be stored at any one time.

82 The Regulations are amended by adding the following after section 265:

Reuse of packaging

265.1 A user must ensure that any packaging or container that has been used for type S.2 explosives is not reused unless

• (a) the transport classification of the type S.2 explosives remains unchanged;
• (b) the type S.2 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type S.2 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

83 Subsection 272(1) of the Regulations is replaced by the following:

Licensed seller

272 (1) A seller who holds a licence must store their small arms cartridges in the magazine specified in their licence and ensure that the requirements of sections 273 and 274 are met.

84 The Regulations are amended by adding the following after section 277:

Packaging

Reuse of packaging

277.1 A seller must ensure that any packaging or container that has been used for type C.1 explosives is not reused unless

• (a) the transport classification of the type C.1 explosives remains unchanged;
• (b) the type C.1 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type C.1 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

85 The Regulations are amended by adding the following after section 281:

Reuse of packaging

281.1 A user must ensure that any packaging or container that has been used for type C.1 explosives is not reused unless

• (a) the transport classification of the type C.1 explosives remains unchanged;
• (b) the type C.1 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type C.1 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

86 Subsection 284(1) of the Regulations is replaced by the following:

Licensed seller

284 (1) A seller who holds a licence must store their propellant powder and percussion caps in the magazine specified in their licence and ensure that the requirements of sections 286 to 286.5 are met.

87 Section 285 of the Regulations is replaced by the following:

Unlicensed retailer

285 A retailer who does not hold a licence must store their percussion caps in a sales establishment and ensure that the requirements of sections 286 to 288 are met.

88 The Regulations are amended by adding the following after section 286.1:

Storage limits — interior magazines

286.2 No more than the following quantities of type P explosives may be stored at any one time in an interior magazine:

• (a) 25 kg of type P.1 explosives;
• (b) 125 kg of type P.2 explosives; or
• (c) 25 kg of type P.1 and P.2 explosives (combined quantity).

Storage limits — buildings

286.3 No more than 25 kg of type P.1 explosives may be stored at any one time in a building.

Storage limits — sales establishment

286.4 (1) No more than 750 kg of type P.2 explosives may be stored at any one time in a sales establishment, of which no more than 375 kg may be stored in magazines located in the retail area.

Propellant powder

(2) Any propellant powder that is not in the retail area must be stored in magazines located in the back room, which must be inaccessible to retail customers.

Storage limits — distribution establishment

286.5 (1) No more than 2 200 kg of type P.2 explosives may be stored at any one time in a distribution establishment, as defined in section 144, or a warehouse, that is not accessible to the public, of which no more than 125 kg may be stored in each magazine located in the distribution establishment or warehouse.

Distance

(2) A minimum distance of 10 m must be maintained between each magazine in which propellant powder is stored in the distribution centre or warehouse.

89 Subsections 287(3) to (6) of the Regulations are repealed.

90 Section 290 of the Regulations is replaced by the following:

Registration number

290 (1) A retailer who does not hold a licence may acquire, store and sell propellant powder if they have a registration number.

Application — registration number

(2) To apply for a registration number, an applicant must send the following information to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources:

• (a) the retailer’s name, mailing address, telephone number and email address;
• (b) the address of the location where the propellant powder will be stored or sold; and
• (c) the name, address, telephone number and email address of a contact person for each location referred to in paragraph (b).

Validity

(3) The registration number is valid for as long as the retailer stores and sells propellant powder.

Cancellation

(4) If the retailer stops selling propellant powder, the retailer must, as soon as circumstances permit, notify the Chief Inspector of Explosives to cancel the registration.

91 Section 294 of the Regulations is replaced by the following:

Identification

294 Before selling propellant powder, a retailer must require the buyer to provide

• (a) in the case of a buyer who is a user, their valid fireworks operator certificate — pyrotechnician or a valid licence issued under the Firearms Act; and
• (b) in the case of a buyer buying on behalf of a public service agency, the public agency identification number assigned to it under paragraph 7(1)(a) of the Public Agents Firearms Regulations.

Identification — retailer

294.1 Before selling propellant powder to a retailer, a distributor must require the retailer to provide their valid

• (a) fireworks operator certificate — pyrotechnician;
• (b) firearms business licence issued under the Firearms Act;
• (c) Firearms Possession and Acquisition Licence issued under the Firearms Act to a person of at least 18 years of age; or
• (d) registration number, if the buyer is a unlicensed retailer.

92 (1) Paragraph 295(a) of the Regulations is replaced by the following:

• (a) the buyer’s name and
  • (i) the number of the licence issued to them under the Firearms Act,
  • (ii) the number and expiry date of their fireworks operator certificate – pyrotechnician, or
  • (iii) the name of the public service agency on whose behalf the buyer is buying the propellant powder and the public agency identification number assigned to it under the Public Agents Firearms Regulations;

(2) Paragraphs 295(b.1) and (b.2) of the Regulations are repealed.

93 The Regulations are amended by adding the following after section 295:

Records

295.1 A distributor must keep a record of each sale of propellant powder to a retailer for at least two years after the date of sale. The record must include

• (a) the number and expiry date of the retailer’s valid licence or certificate;
• (b) if the retailer is a unlicensed retailer, their registration number;
• (c) the type and product name of the propellant powder that was sold to the retailer;
• (d) the quantity of propellant powder sold under each product name; and
• (e) the date of the sale.

Packaging

Reuse of packaging

295.2 A seller must ensure that any packaging or container that has been used for type C.3, P.1 or P.2 explosives is not reused unless

• (a) the transport classification of the type C.3, P.1 or P.2 explosives remains unchanged;
• (b) the type C.3, P.1 or P.2 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type C.3, P.1 or P.2 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

94 The Regulations are amended by adding the following after section 305:

Packaging

Reuse of packaging

305.1 A user must ensure that any packaging or container that has been used for type C.3, P.1 or P.2 explosives is not reused unless

• (a) the transport classification of the type C.3, P.1 or P.2 explosives remains unchanged;
• (b) the type C.3, P.1 or P.2 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type C.3, P.1 or P.2 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

95 Section 306 of the Regulations is replaced by the following:

Overview

306 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 (type R.1), 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 (type R.2), high-power rocket motor reloading kits (type R.2) and igniters for high-power rocket motors (type R.3). Division 3 sets out the rules for sellers and users of advanced high-power rocket motors (type R.4), advanced high-power rocket motor reloading kits (type R.4) and ignitors for advanced high-power rocket motors (type R.3).

96 Subsection 307(1) of the Regulations is amended by adding the following in alphabetical order:

advanced high-power rocket motor

means a recreational rocket motor with an impulse that is produced by combustion of a solid propellent and exceeds 40 960 newton-seconds but does not exceed 889 600 newton-seconds. (moteur de fusée haute puissance avancée)

97 Subsection 311(1) of the Regulations is replaced by the following:

Licensed seller

311 (1) A seller who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence and ensure that the requirements of sections 312 and 313 are met.

98 (1) Paragraph 315(2)(a) of the Regulations is replaced by the following:

• (a) the storage unit must be located away from flammable substances and sources of ignition;

(2) Paragraph 315(2)(i) of the Regulations is replaced by the following:

• (i) the interior of the storage unit must be kept clean and dry;

99 The Regulations are amended by adding the following after section 317:

Packaging

Reuse of packaging

317.1 A seller must ensure that any packaging or container that has been used for type R.1 or R.3 explosives is not reused unless

• (a) the transport classification of the type R.1 or R.3 explosives remains unchanged;
• (b) the type R.1 or R.3 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type R.1 or R.3 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

100 (1) Paragraph 321(2)(a) of the Regulations is replaced by the following:

• (a) the storage unit must be located away from flammable substances and sources of ignition;

(2) Paragraph 321(2)(i) of the Regulations is replaced by the following:

• (i) the interior of the storage unit must be kept clean and dry;

101 The Regulations are amended by adding the following after section 321:

Reuse of packaging

321.1 A user must ensure that any packaging or container that has been used for type R.1 or R.3 explosives is not reused unless

• (a) the transport classification of the type R.1 or R.3 explosives remains unchanged;
• (b) the type R.1 or R.3 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type R.1 or R.3 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

102 The Regulations are amended by adding the following after section 328:

Packaging

Reuse of packaging

328.1 A seller must ensure that any packaging or container that has been used for type R.2 or R.3 explosives is not reused unless

• (a) the transport classification of the type R.2 or R.3 explosives remains unchanged;
• (b) the type R.2 or R.3 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type R.2 or R.3 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

103 Subsection 330(2) of the Regulations is replaced by the following:

Storage — unlicensed user

(2) A user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a storage unit and ensure that the requirements of sections 331 to 333.1 are met.

104 (1) Paragraph 332(2)(a) of the Regulations is replaced by the following:

• (a) the storage unit must be located away from flammable substances and sources of ignition;

(2) Paragraph 332(2)(i) of the Regulations is replaced by the following:

• (i) the interior of the storage unit must be kept clean and dry;

105 The Regulations are amended by adding the following after section 333:

Reuse of packaging

333.01 A user must ensure that any packaging or container that has been used for type R.2 or R.3 explosives is not reused unless

• (a) the transport classification of the type R.2 or R.3 explosives remains unchanged;
• (b) the type R.2 or R.3 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type R.2 or R.3 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

DIVISION 3

Advanced High-power Rocket Motors

Motor rockets, kits and igniters

333.02 In this Division, unless otherwise indicated, a reference to a rocket motor, a reloading kit or an igniter is a reference to an advanced high-power rocket motor, a reloading kit for an advanced high-power rocket motor or an igniter for an advanced high-power rocket motor.

Rules for Sellers

Acquisition for Sale and Storage

Seller

333.03 A seller may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A seller who acquires rocket motors, reloading kits or igniters must comply with this Division.

Storage

333.04 A seller must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Display prohibited

333.05 A seller must not display rocket motors or reloading kits for sale.

Sale

Maximum quantity — licensed buyer

333.06 (1) A seller must not sell more rocket motors, reloading kits or igniters to a licensed buyer than the buyer is authorized by their licence to store.

Maximum quantity — unlicensed buyer

(2) A seller must not sell more rocket motors, reloading kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.

Retailer

333.07 A retailer may sell rocket motors, reloading kits or igniters to a user.

Records

333.08 A seller must keep a record of each sale of a rocket motor, reloading kit or igniter for at least two years after the date of sale. The record must include

• (a) the buyer’s name and address;
• (b) in the case of a licensed buyer, the licence number and expiry date;
• (c) the type, product name and power level of each rocket motor and each reloading kit sold and the name of the person who obtained its authorization;
• (d) the product name of each igniter sold and the name of the person who obtained its authorization;
• (e) the number of motors, kits and igniters sold under each product name; and
• (f) the date of the sale.

Storage

Attendance

333.09 A seller must ensure that rocket motors, reloading kits and igniters are attended when they are not in storage.

Rules for Users

Acquisition

333.1 A user may acquire and store rocket motors, reloading kits and igniters. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.

Storage

333.11 A user must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Maximum quantity

333.12 A user who does not hold a licence must not store more than 20 kg of rocket motors and reloading kits at any one time.

Rocket with installed motor

333.13 A user, whether or not they hold a licence, must not store a rocket in which a motor has been installed.

Storage requirements — storage unit

333.14 A user who does not hold a licence must ensure that, when rocket motors, reloading kits or igniters are stored in a storage unit,

• (a) the storage unit is located away from flammable substances and sources of ignition;
• (b) the storage unit is constructed and maintained to prevent unauthorized access and to protect the contents from weather;
• (c) if the storage unit is a container, it does not impede exit in case of fire;
• (d) if the storage unit is not a container, all exits are kept unobstructed;
• (e) any shelving in the storage unit is made from a non-sparking material (for example, wood or painted metal);
• (f) nothing other than model rocket motors and reloading kits and igniters for model rocket motors is stored with the rocket motors, reloading kits and igniters;
• (g) if the rocket motors, reloading kits and igniters, and any model rocket motors or reloading kits or igniters for model rocket motors, are not in consumer packs, the motors and kits are stored separately from the igniters (for example, on different shelves or separated by a wooden barrier);
• (h) the storage unit is attended when it is unlocked;
• (i) the interior of the storage unit is kept clean and dry;
• (j) any spill, leakage or other contamination in the storage unit is cleaned up immediately;
• (k) precautions that minimize the likelihood of fire in or near the storage unit are taken; and
• (l) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high is posted on the storage unit in a clearly visible location.

Attendance

333.15 A user, whether or not they hold a licence, must ensure that rocket motors, reloading kits and igniters are attended when they are not in storage.

106 Section 347 of the Regulations is repealed.

107 (1) Subsection 368(1) of the Regulations is replaced by the following:

Certificate or licence required

368 (1) A seller may sell special effect pyrotechnics, other than reactive targets, to a buyer who

• (a) holds the required fireworks operator certificate for use of the pyrotechnics that are to be bought; or
• (b) holds a licence.

(2) Subsection 368(4) of the Regulations is replaced by the following:

Licence required

(4) A seller may sell special effect pyrotechnics that are reactive targets to a user who holds a Firearms Possession and Acquisition Licence issued under the Firearms Act.

108 Section 371 of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

• (h) if applicable, the number of the buyer’s Firearms Possession and Acquisition Licence issued under the Firearms Act.

109 The Regulations are amended by adding the following after section 371:

Packaging

Reuse of packaging

371.1 A seller must ensure that any packaging or container that has been used for type F.3 or F.4 explosives is not reused unless

• (a) the transport classification of the type F.3 or F.4 explosives remains unchanged;
• (b) the type F.3 or F.4 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type F.3 or F.4 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

110 Subsections 387(2) and (3) of the Regulations are replaced by the following:

Senior pyrotechnician

(2) To obtain a fireworks operator certificate (senior pyrotechnician), a person must have acted as a pyrotechnician for a year and must be able to safely use explosives that are classified as type F.3 and propellant powder.

Special effects pyrotechnician

(3) To obtain a fireworks operator certificate (special effects pyrotechnician), a person must have acted as a senior pyrotechnician for one year and must be able to safely use explosives that are classified as type F.3, propellant powder and special purpose pyrotechnics.

111 Paragraphs 388(5)(e) and (f) of the Regulations are repealed.

112 Section 389 of the Regulations is replaced by the following:

Acquisition

389 (1) A user may acquire and store special effect pyrotechnics, whether or not they hold a licence, if they hold a fireworks operator certificate with the endorsements required for the use of the pyrotechnics to be acquired. However,

• (a) a user who does not hold a licence must not acquire initiation systems or detonating cords; and
• (b) a user who does not hold a Firearms Possession and Acquisition Licence issued under the Firearms Act must not acquire reactive targets.

Compliance

(2) A user who acquires special effect pyrotechnics must comply with this Subdivision.

113 Subsection 390(2) of the Regulations is replaced by the following:

Exception

(2) Despite subsection (1), a user who holds a licence may store up to 500 electric matches and up to 25 kg of other special effect pyrotechnics, of which no more than 6.5 kg may be reactive targets, in a dwelling or a storage unit. A user who does so must ensure that the requirements of sections 392 to 397 are met.

114 Section 392 of the Regulations is replaced by the following:

Maximum quantity

392 No more than 500 electric matches and 25 kg of other special effect pyrotechnics, of which no more than 6.5 kg may be reactive targets, may be stored at any one time.

115 Subsection 393(2) of the Regulations is replaced by the following:

Black powder

(2) Black powder must be stored in its original container, with no more than 500 g of black powder per container, in small arms cartridges or in black powder cartouches.

116 Section 394 of the Regulations is replaced by the following:

Detached dwelling

394 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, in a storage unit attached to a detached dwelling or in a storage unit at the site of use is 25 kg of which no more than 10 kg may be black powder.

117 Paragraph 395(2)(a) of the Regulations is replaced by the following:

• (a) 1 kg, if the black powder is in original containers with no more than 500 g of black powder per container; and

118 Section 396 of the Regulations is replaced by the following:

Detached storage unit

396 No more than 25 kg of black powder and no more than 75 kg of smokeless powder may be stored by a user at any one time in storage units, whether in a single unit or in several, that are not attached to a dwelling.

119 The portion of section 399 of the Regulations before paragraph (b) is replaced by the following:

Pyrotechnician

399 A user who holds a fireworks operator certificate (pyrotechnician) may use the following explosives:

• (a) explosives that are classified as type F.3, type S.1 or type S.2 and whose use by pyrotechnicians has been authorized by the Chief Inspector of Explosives under section 32 or 33 as well as all fireworks accessories;

120 The Regulations are amended by adding the following after section 401:

Visitor pyrotechnician

401.1 A user who is a visitor pyrotechnician may use

• (a) explosives that are classified as type F.3, propellant powders and fireworks accessories, if they do so under the direct supervision of a senior pyrotechnician;
• (b) special purpose pyrotechnics if they do so under the direct supervision of a special effects pyrotechnician; and
• (c) initiation systems and detonating cords, if they do so under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

121 The Regulations are amended by adding the following after section 409:

Packaging

Reuse of packaging

409.1 A user must ensure that any packaging or container that has been used for type F.3 or F.4 explosives is not reused unless

• (a) the transport classification of the type F.3 or F.4 explosives remains unchanged;
• (b) the type F.3 or F.4 explosives are arranged in the packaging or container so as to minimize their movement during transport;
• (c) the packaging or container is closed for transport in the same manner as it was for its first use;
• (d) the mass of the type F.3 or F.4 explosives is equal to or less than the mass of the explosives during the first use of the packaging or container; and
• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

122 (1) Paragraph 421(a) of the Regulations is repealed.

(2) Section 421 of the Regulations is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

123 (1) Subsection 422(1) of the Regulations is repealed.

(2) Subsection 422(4) of the Regulations is repealed.

124 (1) Subsections 423(1) and (2) of the Regulations are repealed.

(2) Paragraph 423(3)(c) of the Regulations is replaced by the following:

• (c) the number and expiry date of the applicant’s fireworks operator certificate, if applicable;
• (d) proof that the applicant has successfully completed a display fireworks safety and legal awareness course certified by the Minister;

(3) Subsection 423(5) of the Regulations is repealed.

125 The Regulations are amended by adding the following after section 423:

Training

Display assistant

423.1 A person must, before beginning to work as a display assistant and every five years thereafter, successfully complete a display fireworks safety and legal awareness course certified by the Minister.

126 Section 428 of the Regulations is replaced by the following:

Display assistant and display visitor

428 A user may use fireworks if

• (a) the user is a display assistant using the fireworks under the direct supervision of a display supervisor; or
• (b) the user is a display visitor using the fireworks under the direct supervision of the display supervisor in charge at an international competition involving fireworks.

127 Subsection 434(5) of the Regulations is replaced by the following:

Handling

(5) A person who is a display assistant or a display visitor or who holds a fireworks operator certificate (display supervisor) or a fireworks operator certificate (display supervisor with endorsement), may, if authorized by the display supervisor in charge, handle fireworks in the loading zone or fallout zone.

128 Subsection 436(7) of the French version of the Regulations is replaced by the following:

Exigence — système de mise à feu

(7) Dans le cas d’une mise à feu électrique, l’artificier responsable veille à ce que le système de mise à feu soit sécurisé en tout temps pour empêcher tout allumage accidentel.

129 Section 439 of the Regulations is repealed.

130 Section 444 of the Regulations is renumbered as subsection 444(1) and is amended by adding the following:

Fee for firecracker use certificate

(2) An applicant for a firecracker use certificate must pay the applicable fees set out in Part 19.

131 The definitions division 1 factory licence, manufacturing certificate and user magazine zone licence in section 451 of the Regulations are repealed.

132 (1) Section 453 of the Regulations is replaced by the following:

Fees

453 (1) The fees to be paid for obtaining the authorizations, licences, permits and certificates set out in column 2 of the table to this section are set out in column 3.

Payment deadline

(2) The fees are payable at the time the application is submitted. However, the fees set out in items 7 to 12 and 14, respectively, column 3, of the table to this section are payable within 30 days after the date of the invoice from the Department of Natural Resources.

TABLE

Item	Column 1 Provision	Column 2 Authorization, Permit, Licence or Certificate	Column 3 Fees
1	Section 31	Initial authorization of an explosive for an indefinite period (1 to 15 products)	$170
2	Section 31	Initial authorization of an explosive for an indefinite period (16 to 30 products)	$400
3	Section 31	Initial authorization of an explosive for an indefinite period (31 to 50 products)	$800
4	Section 31	Initial authorization of an explosive for an indefinite period (51 to 100 products)	$1,300
5	Section 31	Initial authorization of an explosive for an indefinite period (101 to 199 products)	$2,300
6	Section 31	Initial authorization of an explosive for an indefinite period (200 or more products)	$2,900
7	Section 31	Annual fee for the continued authorization of an explosive for an indefinite period (1 to 15 products)	$151
8	Section 31	Annual fee for the continued authorization of an explosive for an indefinite period (16 to 30 products)	$200
9	Section 31	Annual fee for the continued authorization of an explosive for an indefinite period (31 to 50 products)	$400
10	Section 31	Annual fee for the continued authorization of an explosive for an indefinite period (51 to 100 products)	$650
11	Section 31	Annual fee for the continued authorization of an explosive for an indefinite period (101 to 199 products)	$1,150
12	Section 31	Annual fee for the continued authorization of an explosive for an indefinite period (200 or more products)	$1,450
13	Section 31	Authorization of an explosive for a specified period for use other than at a special event, tour or international competition	$250
14	Section 31	Authorization of an explosive for a specified period for use at a special event, tour or international competition	$600 per event, subject to a maximum fee of $2,900 for events that are part of the same special event, tour or international competition
15	Subsection 46(2)	Single-use import permit	$220
16	Subsection 46(2)	Annual import permit	$200 plus $25 for each 1 000 kg NEQ imported, subject to a maximum fee of $1,600
17	Subsection 48(2)	Single-use export permit	$220
18	Subsection 48(2)	Annual export permit	$200 plus $25 for each 1 000 kg NEQ exported, subject to a maximum fee of $1,600
19	Subsection 50(2)	Single-use transport in transit permit	$25
20	Subsection 50(2)	Annual transport in transit permit	$200
21	Section 61	Division 1 factory licence to manufacture explosives	(1) Subject to a minimum fee of $2,000 and a maximum fee of $40,000, the total of (a) $1,000 per process unit, (b) $1,000 per mobile process unit, and (c) $300 per magazine (2) Fees for process units in a building will be charged for each room in which an explosives manufacturing operation is carried out at a factory; fees will not be charged for each process unit within a room (3) Fees for a process unit and a mobile process unit will be charged for each process unit and mobile process unit with a capacity of over 100 kg operating at a mine or quarry (4) There will be no fees charged for magazines storing in-process explosives in a process unit, magazines for storage of laboratory samples or magazines for storage of contaminated equipment (5) A jet perforating gun loading facility that also stores explosives will be charged as a process unit only
22	Section 61	Satellite site certificate (Division 1 certificate to manufacture blasting explosives — type I, E, and D)	$1,500 — valid for six months
23	Subsection 109(3)	Division 2 factory licence to manufacture explosives — small operation	$350 for (a) personal use manufacturing with no more than one process unit and two magazines, and (b) manufacturing activities under paragraph 107(1)(c) or (d) with no more than one process unit and two magazines
24	Subsection 109(3)	Division 2 factory licence to manufacture explosives — standard operation	$1,800
25	Subsection 109(3)	Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at blast site (Division 2 manufacturing certificate for blasting explosives)	$1,500 — valid for six months
26	Subsection 109(3)	Division 2 manufacturing certificate for all other explosives	$250
27	Subsection 145(7)	User magazine licence to store high explosives or initiation systems (type I, E and D)	$200 per magazine, subject to a minimum fee of $400
28	Subsection 145(7)	User magazine licence to store any other explosives	$100 per magazine, subject to a minimum fee of $200
29	Subsection 145(7)	Vendor magazine licence to store high explosives or initiation systems (type I, E and D)	$400 per magazine, subject to a minimum fee of $800
30	Subsection 145(7)	Vendor magazine licence to store any other explosives — retailer	$200 per retail establishment
31	Subsection 145(7)	Vendor magazine licence to store any other explosives — distributor	$500 per distribution establishment
32	Subsection 145(7)	Vendor magazine licence to store any other explosives — other persons	$900 per distribution establishment that repackages explosives
33	Subsection 145(7)	Shared magazine licence	$200
34	Subsection 145(7)	Vendor magazine licence — drop-ship seller	$200
35	Subsection 145(7)	User magazine zone licence to store high explosives or initiation systems	$450 per magazine, subject to a minimum fee of $900
36	Subsection 388(6)	Initial fireworks operator certificate	$175 — valid for five years
37	Subsection 388(6)	Modification to or change of fireworks operator certificate	$160 — valid for five years
38	Subsection 388(6)	Renewal of a fireworks operator certificate	$160 — valid for five years
39	Subsection 444(2)	Firecracker use certificate	$50

(2) The table to section 453 of the Regulations is amended by adding the following after item 35:

TABLE

Item	Column 1 Provision	Column 2 Authorization, Permit, Licence or Certificate	Column 3 Fees
35.1	Subsection 190.1(6)	Transportation permit	$20 per vehicle, subject to a minimum of $200 and a maximum of $750, valid for three years

133 Section 455 of the Regulations is amended by adding the following in alphabetical order:

enrolment

means the registration of a product seller or component seller by the Chief Inspector of Explosives. (inscription)

134 Subsection 461(1) of the Regulations is replaced by the following:

Non-application

461 (1) This Division does not apply to the sale of Tier 1 components to laboratories that are a part of or affiliated with

• (a) a post-secondary educational institution recognized by a province;
• (b) a hospital or health clinic; or
• (c) a government or law enforcement agency.

135 Section 463 of the Regulations is replaced by the following:

Component sellers list

463 A component seller who is enrolled under subsection 467(1) may sell a Tier 1 component.

136 Paragraph 466(1)(b) of the Regulations is repealed.

137 (1) Subsection 467(1) of the Regulations is replaced by the following:

Enrolment of component seller

467 (1) When a component seller provides the information required by section 464, the Chief Inspector of Explosives must enrol the component seller by providing them with an enrolment number and the effective date of the enrolment.

(2) Subsection 467(2) of the Regulations is replaced by the following:

Duration of enrolment

(2) An enrolment is valid for five years after its effective date.

138 (1) Subsection 468(1) of the Regulations is replaced by the following:

Enrolment of product seller

468 (1) When a product seller provides the information required by section 466, the Chief Inspector of Explosives must enrol the product seller by providing them with an enrolment number and the effective date of the enrolment.

(2) Subsection 468(2) of the Regulations is replaced by the following:

Duration of enrolment

(2) An enrolment is valid for five years after its effective date.

139 Subsection 473(3) of the Regulations is replaced by the following:

Lighting

(3) All main entrances to a building in which a Tier 1 component is stored must be lit at all times between dusk and dawn.

140 Paragraph 479(a) of the English version of the Regulations is replaced by the following:

• (a) the enrolment number of the component seller or product seller;

141 Section 483 of the Regulations is repealed.

142 (1) Paragraph 484(1)(j) of the Regulations is replaced by the following:

• (j) if the component was shipped, the driver’s licence number, the estimated and actual date of delivery, the address to which it is delivered and the quantity delivered; and

(2) Subsection 484(3) of the Regulations is replaced by the following:

Access

(3) The record of sale must be kept in an area that is not accessible to the public.

143 Paragraph 485(1)(a) of the Regulations is replaced by the following:

• (a) each access point on the portion of the vehicle containing the component must be locked or sealed with a security cable immediately after the shipment is loaded or, if an access point cannot be locked or sealed, it must be attended at all times; and

144 The Regulations are amended by adding the following after section 487:

Responsibility of driver

487.1 When more than 1 kg of a Tier 1 component is shipped by vehicle, the driver of the vehicle must meet the requirements set out in subparagraphs 485(1)(b)(i) to (iii).

145 Section 488 of the Regulations is replaced by the following:

Suspension or cancellation

488 If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend or cancel their enrolment. The suspension continues until the component seller or product seller remedies the failure to comply.

146 The portion of subsection 494(1) of the Regulations before paragraph (a) is replaced by the following:

Non-application

494 (1) This Division does not apply to the sale of Tier 2 components to laboratories that are a part of or affiliated with

147 Paragraph 499(b) of the Regulations is repealed.

148 (1) Subsection 500(1) of the Regulations is replaced by the following:

Enrolment of component seller

500 (1) When a component seller provides the information required by section 497, the Chief Inspector of Explosives must enrol the component seller by providing them with an enrolment number and the effective date of the enrolment.

(2) Subsection 500(2) of the Regulations is replaced by the following:

Duration of enrolment

(2) An enrolment is valid for five years after its effective date.

149 (1) Subsection 501(1) of the Regulations is replaced by the following:

Enrolment of product seller

501 (1) When a product seller provides the information required by section 499, the Chief Inspector of Explosives must enrol the product seller by providing them with an enrolment number and the effective date of the enrolment.

(2) Subsection 501(2) of the Regulations is replaced by the following:

Duration of listing

(2) An enrolment is valid for five years after its effective date.

150 Section 508 of the Regulations is amended by adding “and” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:

• (b) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit within 24 hours after the discovery.

151 Paragraph 510(b) of the Regulations is replaced by the following:

• (b) if the buyer intends to sell the component, proof that the buyer is enrolled under subsection 500(1); or

152 Section 511 of the Regulations is repealed.

153 (1) Paragraph 512(1)(j) of the Regulations is replaced by the following:

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

(2) Subsection 512(3) of the Regulations is replaced by the following:

Access

(3) The record of sale must be kept in an area that is not accessible to the public.

154 Subsection 514 of the Regulations is replaced by the following:

Suspension or cancellation

514 If a component seller or product seller fails to comply with the Explosives Act or these Regulations, the Chief Inspector of Explosives may suspend or cancel their enrolment. The suspension continues until the component seller or product seller remedies the failure to comply.

155 Section 519 of the Regulations is amended by adding “and” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:

• (b) a written report of the incident must be submitted to the Chief Inspector of Explosives as soon as the circumstances permit within 24 hours after the discovery.

Coming into Force

156 (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.

(2) Sections 6, 7 and 130 and subsection 132(1) come into force on April 1, 2026.

(3) Sections 53, 55, 56 and 59 and subsection 132(2) come into force on June 1, 2027.

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