Explosives
- Document symbol
- G/LIC/N/3/CAN/22
- Original language
- English
- Published on
- 01/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The importation of explosives is governed by the Explosives Act and Regulations, which is administered by the Department of Natural Resources. The legal definition of explosives includes blasting explosives, detonators, propellants, sporting and industrial cartridges, and all types of fireworks and pyro¬technic devices. Before an explosive may be imported into Canada or manufactured in Canada it must be declared an authorized explosive by the Chief Inspector of Explosives appointed under the Explosives Act. The process of authorizing an explosive consists of the manufacturer submitting data on the nature and composition of the explosive and on its packaging and markings. Such an application is subject to a minimum user fee of CAN$128. Samples are usually required for laboratory examination. Testing fees depend on the type of tests to be carried out and the number of samples to be examined. This can vary, for example, from CAN$2,108 for one fireworks sample and up to CAN$16,881 for ten fireworks samples. The criteria for authorization are based on the safety characteristics of the explosive substances or articles during handling, storage, transport and use. The objective of the authorization process is to confirm that characteristics meet declared values and relevant standards. Authorization also confirms that the product classification is in conformity with the recommendations of the Committee of Experts on the Transport of Dangerous Goods as adopted by the Economic and Social Council (ECOSOC) of the United Nations.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Once an explosive is authorized, any person may import it into Canada provided he has the proper storage facilities for the type and quantity of explosives in question. Two kinds of importation permits are issued; a single use permit issued for a specific quantity in one shipment, and an annual permit issued for unlimited shipments of authorized explosives during a twelve month period.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to explosives from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system is intended only to ensure that the same degree of safety exists with imported explosives as with those of domestic manufacture. There is no intent whatsoever to restrict the quantity or value of the explosives imported.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Explosives Act, R.S., c.E-17 as amended, and the Explosives Regulations, 2013 (SOR/2013‑211). The system is a statutory requirement which does not convey any administrative discretion and would require legislative approval to be abolished.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The import permit is issued within thirty days after receipt of the application if the explosive has been previously authorized and facilities exist in Canada for the safe and secure storage of the quantity being imported. Permits may be obtained in a shorter time but nevertheless should be on hand when a shipment arrives at Customs to prevent dangerous accumulations. Naturally, delays will occur if the explosive has not been authorized previously.
Q7.b. Can a licence be granted immediately on request?
Permits may be granted immediately on request, for import of significant priority, provided all is in order.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which an application for an importation permit may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The importer need only approach the Explosives Regulatory Division of the Department of Natural Resources. No other administrative bodies are involved.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application for an explosives importation permit may only be refused for failure to meet safety or security criteria. Reasons for such refusal would be given to the applicant who would have the right of appeal to the Minister of Natural Resources under Section 17 of the Explosives Act.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Any importer who has satisfied the requirements of the Explosives Regulations relative to the storage, sale, purchase and possession, and of the Transportation of Dangerous Goods Regulations relative to transport, of the explosive to be imported may apply for an importation permit.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The latest application form and guidelines are located on Natural Resources Canada's webpage: https://natural-resources.canada.ca/our-natural-resources/minerals-mining/explosives-fireworks-and-ammunition/explosives/importing-exporting-and-transporting-explosives/9907.
Q11. What documents are required upon actual importation?
The latest import process is described in Canada Border Services Agency's D19-6-1 memorandum that can be found at: http://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-6-1- eng.html.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The present fee is CAN$164.00 for a single use Importation Permit and a minimum of CAN$164.00 for an Annual Importation Permit with a maximum fee of CAN$1,324.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Other than the fee, there is no deposit or advance payment associated with the issuance of an importation permit.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Explosives Importation Permits can be issued for a period of 12 months. Single use importation Permits are valid for one shipment while Annual Importation Permits are valid for any number of shipments.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of an explosives importation permit.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are not transferable between importers and only the products made by the manufacturer(s) specified in the permit may be imported.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no conditions attached to the issuance of an explosives importation permit relative to quantitative restrictions other than safe and secure storage location in Canada. Depending on the quantity to be stored, a magazine (i.e. storage) licence issued by the Explosives Regulations Division may be required. Importation permit applicants will be advised if this is the case.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Persons not resident in Canada or not having a chief place of business in Canada might be required to post a bond before being permitted to import explosives (Explosives Act Section 9(3)).
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Persons not resident in Canada or not having a chief place of business in Canada are required to post a bond before being permitted to import explosives (Explosives Act Section 9 (3)).