Controls on Explosives Precursor Chemicals

Summary#

The Canada Gazette published the final Regulations Amending the Explosives Regulations, 2013 (Restricted Components). They add 4 chemicals to the list of materials whose sale and storage are controlled and set a new three-tier system of rules. The rules take effect one year after registration (June 3, 2023; the regulations were registered June 3, 2022).

What it does#

• Creates a three-tier structure (Tier 1, Tier 2, Tier **3) to group restricted components by risk.
• Adds these chemicals to the regulated list:
  • Calcium ammonium nitrate (CAN) — treated like ammonium nitrate (Tier 1).
  • Hexamethylenetetramine (hexamine) — Tier 2.
  • Aluminum powder (dry, ≥70% concentration and particle size < 200 μm) — Tier 2.
  • Acetone (high concentration) — Tier 3.
• Identifies ammonium nitrate and CAN when contained in instant cold packs as Tier 3 items.
• Requires different controls depending on the tier:
  • Tier 1 (highest controls): sellers must enroll with Natural Resources Canada, keep security plans, lock and monitor stock, check ID, record and report sales and inventories, carry out weekly inspections, and report thefts or tampering.
  • Tier 2: sellers must enroll and follow many storage and sales controls, but many manufacturers who buy these chemicals to make other products (product sellers) are exempt.
  • Tier 3 (lightest controls): no enrolment or storage rules; sellers must refuse suspicious sales and report thefts or suspicious refusals to police and NRCan.
• Replaces some older identifiers with Chemical Abstracts Service numbers (CAS RNs) and sets concentration thresholds to define which products are covered.

Who's affected#

• Sellers, distributors and manufacturers in the chemical supply chain, including farm- and fertilizer-suppliers, hardware stores, paint and coatings stores, pharmacies, and online retailers.
• Small and large businesses that sell or use the newly listed substances. The department estimates about 18,192 sellers could be affected.
• Law enforcement and the Chief Inspector of Explosives (within Natural Resources Canada) will receive more reporting about suspicious purchases, thefts and refusals to sell.
• Everyday consumers may notice extra ID checks or sellers refusing sales in some cases. Manufacturers who buy these chemicals to make other products are partly exempt (varies by tier).

Why it matters#

• The change aims to reduce access to chemicals that can be used to make homemade explosives. That is intended to improve public safety and give police more warning of suspicious activity.
• For businesses it means new administrative and security duties (enrolment, record-keeping, inspections, secure storage for some items). NRCan estimated implementation costs for industry and government but also says the measures preserve legitimate commercial use.
• For everyday people it could mean a small increase in oversight when buying certain high-strength chemicals (for example, sellers can refuse a sale they reasonably suspect is for a criminal purpose).
• The regulation balances tighter controls on higher-risk materials with lighter rules for widely sold items (like acetone and cold-pack AN/CAN) to limit burden on ordinary retailers.