IMPORTING EXPLOSIVES TO CANADA?

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IMPORTING EXPLOSIVES TO CANADA?

MORE THAN A BIG BANG – AUTHORIZATIONS & PERMITS REQUIRED

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Parties looking to import explosives into Canada need to be aware of the many complex regulatory provisions in place in Canada governing virtually any and all activities related to explosives.

In this Product Regulatory Report, we review some of the key regulatory requirements in the Explosives Act (the “Act”) and Explosives Regulations, 2013 (the “Regulations”), and highlight the dangers of non-compliance with these special rules.

Explosive Authorizations Generally Necessary

Under section 6 of the Act and section 11 of the Regulations, importers and Canadian residents alike are generally prohibited from carrying out any “activity involving an explosive” unless the explosive is authorized under Part 3 of the Regulations. This effectively means that an authorization will be required before acquiring, possessing, selling, offering for sale, storing, manufacturing, importing or transporting or delivering an explosive – unless certain narrow exemptions apply.

Import Permits

Note that obtaining an authorization for an explosive does not automatically permit a party to import that same explosive into Canada. Rather, import permits for the explosive are also generally required under Part 4 of the Regulations, again subject to some fairly narrow exemptions in sections 45 and 45.1 of the Regulations.

Import Permits will generally involve some complicated information, including the country of origin of each explosive, and at this point importers will generally benefit from professional advice from an Experienced Customs & Trade Counsel, particularly because getting things wrong in an Import Permit Application can sometimes amount to an offence under the Act.

Note that the Regulations also contain similar permit requirements for exporting explosives and the transportation of explosives in transit. Permit holders must also be aware of and abide by the various duties imposed on them by the Regulations once a Permit has been issued.

Other Requirements

Depending on the type of explosive, there may also be a number of other requirements that must be met in this area. For example, someone seeking to import a high hazard explosive (such as a blasting explosive used in oil and gas exploration) will also need to obtain an approval letter from the Chief Inspector of Explosives under Part 8 of the Regulations. There are also a number of other requirements, depending on the type of explosive, which govern the manufacture, storage, and sale of explosives.

Given the breadth of requirements, and the detailed and complicated nature of the Regulations, obtaining legal advice is generally recommended to ensure compliance with Canada’s explosives regulatory regime. Contravening any provision of the Act or the Regulations is an offence, and if that offence is continued or committed on more than one day, a person is liable to be convicted for separate offences for each day!

Takeaways

Understanding Canada’s explosives regulatory regime can be a daunting task for prospective importers. Experienced Customs & Trade Counsel can help simplify things and ensure prospective importers obtain the necessary authorizations and permits for their explosives.

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For an updated Index of Our Product Regulatory Series, click here.