Regulation of Explosives

Act: Explosives Act, R.S.C. 1985, c. E-17
Regulation: Explosives Regulations C.R.C., v. VI, c. 599, p. 3961, as amended

To Whom Does This Apply?

Manufacturers, importers, distributors and users of blasting explosives, pyrotechnics (special effects), fireworks (family and display), ammunition, propellant powders, toy pistol caps, and other safety-oriented types of explosives (safety flares, airbag inflators). This is accomplished through a system of authorization, licensing, certification and permits supported by a compliance inspection program. The Explosives Regulatory Division also has the mandate to represent Canadian interests and viewpoints in world fora on explosives and offer its expertise in regulation and technology worldwide

Summary

The Explosives Act prohibits the manufacture, sale, storage or possession of any type of explosives except under proper licensing or certification. This is accomplished through a system of authorization, licensing, certification and permits supported by a compliance inspection program.

The Explosives Regulations establishs a testing protocol for authorization and classification of any explosive to determine the safety of the product and establishs criteria for storage, transportation and general use of the product.   Additionally, there are specific rules for licensing services provided to manufacturers, importers and distributors of explosives within Canada. These licences, certificates and permits cover a wide range of operations from the construction of complex explosive factory sites to the general public importing family fireworks for Canada Day celebrations.  Facilities are subject to inspection by federal inspectors. The Act contains a number of prohibitions which are criminal offences, including the abandonment of an explosive or doing anything that would be likely to cause an explosion or fire in a factory, magazine or vehicle.

Permits and Licenses
The licensing services and fees that are required vary depending upon the facility you run, or how you will be handling the explosives.  It is an offence under the Act to make false or misleading statements on any application for a license or permit. The following are the types of licenses and permits and other related information.

Explosives Purchase and Possession Permit (Form 20)
For the purchase of blasting explosives for personal use when the quantity is below the licensing requirement of 75 kg or stored for less than 90 days. This permit can be obtained from the licensed explosives vendor nearest you.  If the seller does not know the purchaser, he/she will be sent to the local police department and have a criminal record check done before being sold any explosives. If a criminal record does show up and it indicates a violent crime background or mental problem, then the buyer is denied sale.  It is valid for 90 days.

Factory license
Application Process: Contact Licensing and Compliance Group (613) 948-5200
Waiting period: 1-15 days
Expiry/Renewal:  12 months
Fee: The fee structure for factories is based on the number of process units, process vehicles (involved in manufacture) and the net explosive weight of explosive stored at the factory. All fees are based on 12 months.

Blasting explosives factory license fees are calculated as follows:

• $700 per process unit;
• $700 per process vehicle;
• $15 per 1000 kilograms of explosives storage;
• $200 per detonator magazine (no quantity limit).

The minimum fee for a factory license is $2000 and the maximum is $20 000. The factory fee structure for the manufacture of other types of explosives is less and is best determined with the assistance of an inspector from the Licensing and Compliance Group.

Temporary Magazine license (Type U)
Application Process: see Regional Contact
Waiting period: 1-15 days
Fee: $200
Expiry/Renewal: 12 months

Additional Information
This type of license is required for the storage of blasting and other types of industrial explosives for use if:

• the explosives to be stored, in any quantity, are intended for commercial use; or
• the quantity to be stored, for private use, exceeds 75 kilograms or 100 detonators, or the period of storage of any quantity is to exceed 90 days. Sales are not permitted with a used license.

Vendor Magazine license (Type V)
Application Process: see Regional Contact
Waiting period: 1-15 days
Fee: $15 per 1000 kilograms of blasting explosives stored, $200 per detonator magazine, (no quantity limit).
Expiry/Renewal: 12 months

Additional Information
This type of license is required for the sale of blasting and other types of industrial explosives:

• for any quantity kept by the vendor in storage magazines; or
• for any quantity sold on consignment, whether or not stored at any time by the vendor.

Fireworks Magazine License (Type X)
Application Process: see Regional Contact
Waiting period: 1-15 days
Fee: $50 (to be increased)
Expiry/Renewal: 12 months

Additional Information
This type of license is required for the storage and sale of fireworks and pyrotechnic articles as described below:

• for the storage of consumer fireworks, for sale or use, in quantities exceeding 1000 kilograms gross weight;
• for the storage of display fireworks, for use, in quantities exceeding 125 kilograms gross weight or for direct or consignment sale, in any quantity;
• for the direct or consignment sale of any quantity of high power rocket motors, (i.e. motors exceeding 80 newton-seconds total impulse);
• for the storage for use or sale of low hazard practical purpose pyrotechnics, (e.g. distress flares, wildlife control devices, etc.), in quantities exceeding 1000 kilograms gross weight; or
• for the storage of high hazard practical purpose pyrotechnics for use, (e.g. theatrical effects, line throwing rockets, etc.), in quantities exceeding 125 kilograms gross weight or for direct or consignment sale in any quantity.

Propellant Magazine License (Type P)
Application Process: see Regional Contact
Waiting period: 1-15 days
Fee: $90 (to be increased)
Expiry/Renewal: 12 months

Additional Information
This type of license is required for the sale of propellants and primers for small arms ammunition when the quantity stored for sale exceeds 12 kilograms net explosive weight of propellant and/or 10 000 primers or the storage of ammunition exceeds 225 kilograms net explosives quantity.  

Importation Permits (Type I)
An Explosives Importation Permit is required to import explosives, propellants, ammunition, fireworks and various types of pyrotechnics into Canada for use or sale.

There are exemptions from requiring an import permit for certain explosives and situations. These exemptions include:

1. shipments of explosives in transit through Canada in bond in accordance with the Transportation of Dangerous Goods Act, 1992 ;
2. Christmas crackers may be imported in any quantity for private use or sale (under review);
3. caps for toys may be imported for private use or sale in any quantity when packed with individual novelties, other than toy guns, in quantities not exceeding 50 caps per package (under review);
4. explosives imported for private use and not for sale as listed in the table below.

Table I: Explosives that may be imported without an explosives importation permit

Explosive	Quantity
1) Safety cartridges except hollow point handgun ammunition	5 000
2) Percussion caps for safety cartridges	5 000
3) Empty primed safety cartridge cases	5 000
4) Gunpowder (black powder) in canisters of 500 g or less and smokeless powder in canisters of 4,000 g or less	8kg
5) Model rocket engines	6
6) Pyrotechnic distress signals and lifesaving devices for the safe operation of the aircraft, vessel, train or vehicle in which they are transported, or for the safety of the occupants.	Any quantity necessary

Annual Explosives Importation Permit
Application Process: see above table and contact Ysabel Brazel (613) 943-0206
Waiting period: 1-7 days
Fee: $100
Expiry/Renewal: 12 months

Additional Information
This type of permit is valid for an unlimited number of importations over a 12-month period. It is ideally suited to commercial operators who import explosives more than three times a year.

General Explosives Importation Permit
Application Process: see above table and contact Ysabel Brazel (613) 943-0206
Waiting period: 1-7 days
Fee: $30
Expiry/Renewal: 12 months

Additional Information
This type of permit is valid for a single importation during a 12-month period.
Special General Importation Permits may be issued to import explosives for chemical analysis, scientific research, field testing and fireworks competitions or other special purposes. These permits are issued on a case-by-case basis.

Transportation Permit
Application Process: see additional information below
Waiting period: 1-7 days
Fee: $30 per vehicle
Expiry/Renewal: 12 months

Additional Information
An Explosives Transportation Permit is generally required when transporting explosives by road in loads exceeding 2000 kilograms net explosives weight. These permits are issued by Transport Canada. For further information contact:
Transport Dangerous Goods Directorate
Transport Canada
Ottawa, Ontario K1A 0N5
Attention: Compliance and Operations
TELEPHONE
Jim Brown (613) 998-6546
Carol Gorman (613) 998-6541
FAX: (613) 952-1340
E-MAIL: T80006VG@tc.gc.ca

Fireworks Supervisor's Certification
Application Process: see Regional Contact
Fee: $100 (see additional information below)
Expiry/Renewal: see additional information below
This one-day course is a companion to the Display Fireworks Manual and serves to promote the safe use of display fireworks as functioned at outdoor fireworks displays. This covers the purchase, use and handling of display fireworks

Additional Information
There are three certification Levels (Apprentice, Level 1 Supervisor, and Level 2 Supervisor). The tentative fee schedule for certification is $100. The renewal period for a Level 1 Supervisor is still five years; however, the renewal period for a Level 2 Supervisor will be one year. Courses are offered routinely during the summer and whenever an organization comes up with at least 50 people.

Pyrotechnics Certification
Application Process: see Regional Contact
Fee and Renewals:
This one-day course is a companion to the Pyrotechnics Special Effects Manual and serves to promote the safe use of all pyrotechnics and special-purpose effects used in the entertainment, performing arts, television and film industries. As all course participants have been made aware, the proposed costs of certification are:

• Occasional User: proposed fee is $100 per year for initial certification and $35 per year for renewals;
• Assistant: proposed fee is $100 per year for initial certification and $100 per year for renewals;
• Pyrotechnician: proposed fee is $125 per year for initial certification and $125 per year for renewals;
• Special Effects Pyrotechnician: proposed fee is $150 per year for initial certification and $150 per year for renewals.
  Courses are offered routinely during the summer and whenever an organization comes up with at least 50 people.

Publications
The Explosives Branch of Natural Resources Canada provides the following publications:

1. Explosives Act and Regulations ;
2. Authorized List of Explosives ;
3. Display Fireworks Manual ;
4. Pyrotechnic Special Effects Manual (fee of $25);
5. Quantity Distance Manual (fee of $95);
6. Blasting Explosives:  A Guide to Safety ;
7. Storage Standards for Industrial Explosives ;
8. Control of Model Rocketry in Canada .
9. New! Guidelines for the Pumping of Water-Based Explosives (fee of $15 + tax).

Information on types of licenses and the fee structure can be found on Natural Resources Canada's Web site at  http://www.nrcan.gc.ca/mms/explosif/over/over_e.htm  Applications for licenses can also be downloaded in either Word or WordPerfect formats obtained by e-mail from brockett@nrcan.gc.ca .

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
Mr. Pierre Michaud
Regional Manager
Explosives Regulatory Division (ERD)
Natural Resources Canada
2050 Girouard Street West
P.O. Box 100
St-Hyacinthe, Quebec  J2S 7B2
Telephone: (450) 773-3431
Fax: (450) 773-6226
E-mail: pmichaud@nrcan.gc.ca
Web site: http://www.nrcan.gc.ca/mms/explosif/over/over_e.htm

Mr. André Pinsonnault
Inspector of Explosives
Explosives Regulatory Division (ERD)
Natural Resources Canada
2050 Girouard West,
P.O. Box 100
Saint-Hyacinthe, Quebec  J2S 7B2
Telephone: (450) 773-3431
Fax: (450) 773-6226
E-mail: Apinsonn@nrcan.gc.ca
Web site: http://www.nrcan.gc.ca/mms/explosif/over/over_e.htm

---

National Contact(s):
General Inquiries on Explosives
Explosives Regulatory Division (ERD)
Natural Resources Canada
1431 Merivale Road
Ottawa, Ontario  K1A 0G1
Telephone: 613-948-5200
TTY (hearing impaired): 613-996-4397
E-mail: inspectors@nrcan.gc.ca