Explosives Regulations amended for safety

Summary#

This is a proposed set of changes called the Regulations Amending the Explosives Regulations, 2013, published by Natural Resources Canada in the Canada Gazette, Part I on May 27, 2023. It would update many rules about the manufacture, sale, storage and transport of explosives and fireworks to improve safety and reduce some paperwork. This is a proposal (not law yet) and the Gazette notice included a 30‑day comment period.

What it does#

• Adds or clarifies that UN 3375 (ammonium nitrate emulsion, gel or suspension) is treated as an explosive and brings related transport and tracking rules into the Regulations.
• Creates a new low‑risk fireworks category called Type F.5 — novelty devices (sparklers, toy pistol caps excepted in some places). It sets lighter rules for sale and use of those devices.
• Tightens rules for reactive targets (the multi‑ingredient kits used for long‑range shooting):
  • Buyers must hold a Firearms Possession and Acquisition Licence (PAL).
  • Limits mixing and storage; only one kit mixed at a time and mixed kits cannot be stored or transported.
  • Reduces unlicensed storage limits for reactive targets from 20 kg to 5 kg.
• Changes propellant powder rules:
  • Sellers must check buyers’ credentials; buyers who do not hold a pyrotechnician certificate must show a PAL.
  • Limits on black powder storage and container sizes (see below).
• Reduces the amount of black powder that can be stored without a licence from 75 kg to 25 kg, and requires black powder to be kept in original containers of no more than 500 g each.
• Raises the minimum age for hazardous explosives work from 17 years to 18 years.
• Streamlines transportation and emergency rules:
  • Clarifies when a vehicle carrying explosives can be towed back onto the road.
  • Requires carriers to file written reports after accidents or incidents.
  • Allows electronic monitoring instead of a person attending a parked vehicle, subject to security measures.
  • Adds limited exceptions for the Department of National Defence and the Canadian Armed Forces to use commercial carriers under strict conditions.
• Cuts some long-standing annual report requirements and replaces them with two‑year record‑keeping for certain items (e.g., ammonium nitrate inventories, returned marine flares, some licence holder reports).
• Recognizes an U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (U.S. ATF) Employee Possessor Clearance as an “equivalent document” in some screening cases (with a valid Canadian work permit).
• Modernizes language and removes outdated form fields (for example, no longer requires a fax number on many applications). It also allows reuse of packaging in some cases if safety conditions are met.
• Allows “hybrid” fireworks shows where certified display supervisors may use consumer fireworks off‑label as part of a larger display.

Who's affected#

• Retailers and distributors of fireworks and novelty devices. Storage and display rules change; sales rules for large quantities are tightened.
• People who buy or use propellant powder, reactive targets, black powder, percussion caps and other small‑arms related items. Some buyers will need a PAL or a pyrotechnician certificate.
• Carriers, drivers and logistics companies that move explosives. They will face clarified transport rules, new written reporting after incidents, and tracking/monitoring requirements for larger loads.
• The Department of National Defence and allied armed forces when moving certain explosives across or within Canada under the new exceptions.
• Licensed businesses in the explosives sector, including many small firms. The government estimates about 2,256 small businesses would be affected.
• The general public and local authorities (fire services, municipalities), because of changes that affect everyday access to low‑risk fireworks and public safety measures.
• Some figures and impacts are estimates from a Regulatory Impact Analysis Statement; where the source was unclear about local effects, the notice flagged that uncertainty.

Why it matters#

• Safety: The package aims to reduce risks that have caused serious incidents (wildfires and property damage linked to reactive targets are specifically cited). Limits on black powder, reactive targets and new mixing rules are meant to lower the chance of large accidents.
• Convenience and clarity: Removing outdated requirements (like some annual reports and fax fields) and aligning wording with Transport Canada rules should make it easier for businesses to comply.
• Costs and benefits: The department’s cost‑benefit analysis projects annual benefits of $850,950 and total present‑value benefits of $5,976,717 over a 10‑year period (2023–2032). Total present‑value costs were estimated at $793,955, giving a net present value of $5,182,762 over 10 years. These are the department’s estimates, not guarantees.
• Out‑of‑pocket impacts for some individuals: People who must get a PAL to buy propellant powder could face costs (the analysis used $83.40 for the PAL fee, $190 for course fees and about 24 hours of training time in its calculations). Buyers of reactive targets may face more frequent purchases because storage limits were reduced.
• Local rules and retail practices: By creating a specific low‑risk fireworks class, some novelty items could remain legal for sale year‑round even where municipal fireworks bans exist. That may change what local stores can sell without running afoul of municipal rules.
• This is a proposed rule set (published May 27, 2023) with a public comment period. It is not in force until the government completes the consultation and proceeds to publish final regulations.