Bill C-55

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First Reading

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	PART 6
R.S., c. E-17	EXPLOSIVES ACT
1993, c. 32, s. 1	*34. The long title of the Explosives Act* is replaced by the following:**
	An Act respecting the manufacture, testing, acquisition, possession , sale, storage, transportation, importation and exportation of explosives and the use of fireworks
	35. (1) The definition ``inspector'' in section 2 of the Act is replaced by the following:
``inspector'' « inspecteur »	``inspector'' means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, an inexplosive ammunition component , a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive;
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``illicit manufacture'' « fabrication illicite »	``illicit manufacture'' means any activity that is prohibited under paragraph 6(1)(a) or (e) or 6.2(c);
``illicit trafficking'' « trafic illicite »	``illicit trafficking'' means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive or an inexplosive ammunition component if
	(a) the importation or exportation is not authorized by the country of origin or the country of destination, or
	(b) the transportation in transit of the explosive or the inexplosive ammunition component through any country is not authorized by that country;
``inexplosive ammunition component'' « composant inexplosible de munition »	``inexplosive ammunition component'' means any cartridge case or bullet, or any projectile that is used in a firearm as defined in section 2 of the Criminal Code;
``restricted component'' « composant d'explosif limité »	``restricted component'' means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31);
``transit'' « transit »	``transit'' means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination;
1993, c. 32, s. 3(1)	36. (1) Paragraphs 5(a.2) to (a.4) of the Act are replaced by the following:
	(a.2) exempting any explosive or class of explosives from the application of this Act or the regulations or any provision of this Act or the regulations;
	(a.3) restricting to any person or body or class of persons or bodies the acquisition , possession, use or sale of any explosive or class of explosives;
	(a.31) prescribing any component of an explosive and restricting to any person or body or class of persons or bodies its acquisition, possession or sale;
	(a.4) prohibiting the acquisition , possession, use or sale of any explosive that, in the opinion of the Minister, is intrinsically unsafe, and identifying that explosive by reference to its common name or a description of the class of explosives to which it belongs;
	(2) Section 5 of the Act is amended by adding the following after paragraph (a.8):
	(a.9) respecting exemptions under subsection 6(2), including security standards that must be met before an exemption is granted, and prescribing the fees payable for the issuance of certificates of exemption under subsection 6(3);
	(3) Paragraph 5(c) of the Act is replaced by the following:
	(c) not inconsistent with any other Act of Parliament or regulations made under any other Act of Parliament , for regulating the importation, exportation , packing, handling and transportation of explosives;
	(4) Section 5 of the Act is amended by adding the following after paragraph (i):
	(i.1) respecting security standards and security measures relating to explosives and restricted components;
	(5) Section 5 of the Act is amended by adding the following after paragraph (l):
	(l.1) respecting record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture of explosives and the illicit trafficking of explosives and inexplosive ammunition components;
	(6) Paragraph 5(m) of the Act is replaced by the following:
	(m) respecting the acquisition , possession and sale of explosives and restricted components ; and
	37. (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Manufacture, use, etc.	6. (1) Except as authorized under this Act and subject to any exemptions that may be provided under subsection (2) or by regulation, no person shall
	(2) Paragraph 6(1)(a) of the English version of the Act is replaced by the following:
	(a) make or manufacture any explosive , either wholly or in part, except in a licensed factory;
	(3) Paragraph 6(1)(d) of the Act is replaced by the following:
	(d) have in their possession any explosive or any restricted component ; or
	(4) Subparagraph 6(1)(e)(i) of the English version of the Act is replaced by the following:
	(i) dividing an explosive into its components , or otherwise breaking up or unmaking any explosive,
	(5) Section 6 of the Act is amended by adding the following after subsection (1):
Possession authorized	(1.1) For the purposes of paragraph (1)(d), a person is authorized to have in their possession an explosive or a restricted component if
	(a) the person is issued, by or under a provincial law, a permit or licence to have the explosive or restricted component in their possession; and
	(b) the Governor in Council, by order, has declared that the province ensures that the security standards that must be met before such permits or licences are issued are the same as, or substantially similar to, those established by regulations made under paragraphs 5(a.9) and (i.1).
Exemption	(2) Subject to any regulation made under paragraph 5(a.3), (a.31) or (a.9), the Minister may exempt a person or body or class of persons or bodies from the prohibition in paragraph (1)(d).
Certificate of exemption	(3) The Minister shall issue, in accordance with the regulations and for the prescribed fee, a certificate of exemption to a person or body exempted under subsection (2).
Statutory Instruments Act does not apply	(4) The Statutory Instruments Act does not apply in respect of a certificate issued under subsection (3).
	38. The Act is amended by adding the following after section 6.1:
Illicit trafficking, etc.	6.2 No person shall knowingly
	(a) engage in illicit trafficking;
	(b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive or any illicitly trafficked inexplosive ammunition component; or
	(c) make or manufacture any explosive, either wholly or in part, from any illicitly trafficked inexplosive ammunition component.
1993, c. 32, s. 5; 2001, c. 4, s. 80(E)	39. Section 9 of the Act is replaced by the following:
Permits	9. (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada , of explosives and inexplosive ammunition components.
No import, export or transport without permit	(2) Except as provided by the regulations, no person shall, without a permit issued under this section , import or export, or transport in transit through Canada , any explosive or any inexplosive ammunition component.
Evidence of financial responsibility	(3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada , of any explosive or any inexplosive ammunition component and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister.
1993, c. 32, s. 8	40. The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following:
Inspection	14. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested , stored, sold or transported, any restricted component is being stored or sold, any inexplosive ammunition component is being stored or transported , or any fireworks are being or are intended to be used, and the inspector may
1993, c. 32, s. 8	41. Sections 14.1 and 14.2 of the Act are replaced by the following:
Seizure	14.1 (1) If , in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive, any restricted component or any inexplosive ammunition component
	(a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or
	(b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence.
Storage	(2) The seized explosive, restricted component or inexplosive ammunition component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage.
Storage	(3) The explosive, restricted component or inexplosive ammunition component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure.
Prohibition	(4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive, a restricted component or an inexplosive ammunition component that is seized and detained under this Act.
Safety measures	14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives, restricted components or inexplosive ammunition components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention.
1993, c. 32, s. 8	42. Section 14.4 of the English version of the Act is replaced by the following:
Detention	14.4 (1) An explosive, a restricted component or an inexplosive ammunition component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry , it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it .
Continued detention	(2) If proceedings are instituted in relation to a seized explosive, restricted component or inexplosive ammunition component , the explosive, restricted component or inexplosive ammunition component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2).
1993, c. 32, s. 8	43. Sections 14.5 and 14.6 of the Act are replaced by the following:
Application for return	14.5 (1) If proceedings are instituted in respect of a seized explosive, restricted component or inexplosive ammunition component , the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.
Order	(2) On application under subsection (1), the court may order that the explosive, restricted component or inexplosive ammunition component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it .
Consent to forfeiture	14.6 If the owner of an explosive, a restricted component or an inexplosive ammunition component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.
1993, c. 32, ss. 10, 11	44. Sections 20 and 21 of the Act are replaced by the following:
Acts likely to cause explosion or fire	20. Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable
	(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
	(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
Possession, etc.	21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, acquires , is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports , imports, exports or delivers any explosive, acquires, is in possession of, sells or offers for sale any restricted component, imports, exports, or transports in transit through Canada any inexplosive ammunition component, or acquires, is in possession of, sells, offers for sale, transports or delivers any illicitly trafficked inexplosive ammunition component is guilty of an offence and is liable
	(a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or
	(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
No offence	(2) No person shall be convicted under subsection (1) of having an explosive, a restricted component or an inexplosive ammunition component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.
Continuing offence	21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
1993, c. 32, s. 12	45. Subsection 22(1) of the Act is replaced by the following:
General punishment	22. (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable
	(a) for a first offence, to a fine not exceeding fifty thousand dollars; and
	(b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars.
1993, c. 32, s. 12	46. Subsection 23(1) of the Act is replaced by the following:
Disclosure of confidential information	23. (1) Subject to subsection (2) and the regulations , any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable
	(a) on summary conviction, to a fine not exceeding five thousand dollars; or

Bill C-55

PART 6

EXPLOSIVES ACT