Skip to main content

Bill C-71

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF


42-43-44 ELIZABETH II

CHAPTER 35

An Act to amend the Explosives Act

[Assented to 8th November, 1995]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. E-17; 1989, c. 3; 1993, cc. 28, 32; 1994, c. 41

EXPLOSIVES ACT

1. Section 2 of the Explosives Act is amended by adding the following in alphabetical order:

``Convention' '
« Convention »

``Convention'' means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, concluded in Montreal on March 1, 1991, as amended from time to time;

``detection agent''
« agent de détection »

``detection agent'' means any of the substances set out in the Table to Part 2 of the Technical Annex to the Convention;

``military device''
« engin militaire »

``military device'' has the meaning assigned to that expression by the regulations;

``plastic explosive''
« explosif plastique »

``plastic explosive'' means an explosive that

      (a) is formulated with one or more high explosives that in their pure form have a vapour pressure less than 10-4 Pa at a temperature of 25oC,

      (b) is formulated with a binder material, and

      (c) is, when mixed, malleable or flexible at normal room temperature;

``unmarked plastic explosive''
« explosif plastique non marqué »

``unmarked plastic explosive'' means a plastic explosive that

      (a) does not contain a detection agent, or

      (b) at the time of manufacture, does not contain the required minimum concentration level of a detection agent as set out in the Table to Part 2 of the Technical Annex to the Convention;

2. Section 5 of the Act is amended by adding the following after paragraph (a.4):

    (a.5) respecting the transfer and possession of unmarked plastic explosives intended for use under paragraph 6.1(1)(a) or (b);

    (a.6) respecting the transport, transfer and possession of unmarked plastic explosives by a person referred to in paragraph 6.1(3)(a) or (b) during the periods provided for in those paragraphs;

    (a.7) prescribing procedures for the destruction or disposal of unmarked plastic explosives referred to in subsection 6.1(3);

    (a.8) defining the expression ``military device'';

3. The Act is amended by adding the following after section 6:

Manufacture of unmarked plastic explosives

6.1 (1) No person shall manufacture unmarked plastic explosives unless the explosives are

    (a) manufactured in limited quantities solely for use in such of the following activities as are authorized, in writing, by the Chief Inspector of Explosives, namely,

      (i) research, development or testing of new or modified explosives,

      (ii) training in explosives detection, or in the development or testing of explosives detection equipment, or

      (iii) forensic science activities; or

    (b) destined to be incorporated as an integral part of a military device in Canada within three years after the coming into force of this section.

Transport and possession of unmarked plastic explosives

(2) Subject to subsections (3) and (4), no person shall transport or possess unmarked plastic explosives unless the explosives are

    (a) transported or possessed in limited quantities solely for use as authorized in the manner referred to in paragraph (1)(a); or

    (b) destined to be and are incorporated as an integral part of a military device in Canada within three years after the coming into force of this section.

Exception

(3) Unmarked plastic explosives manufactured or imported into Canada before the day on which this section comes into force may, in accordance with the regulations, be transported or possessed by

    (a) a person who performs military or police functions, during the period that begins on the coming into force of this section and ends fifteen years later; or

    (b) any other person, during the period that begins on the coming into force of this section and ends three years later.

Importation or exportation of unmarked plastic explosives

(4) No person shall import or export unmarked plastic explosives unless the explosives are incorporated as an integral part of a military device.

COMING INTO FORCE

Coming into force

4. This Act comes into force on a day to be fixed by order of the Governor in Council.

Previous Page Table of Contents