Part INoticeVolume 157, Number 21Published: May 27, 2023

Explosives Regulations Modernization and Safety Update

Canada Gazette, Part I, Volume 157, Number 21: Regulations Amending the Explosives Regulations, 2013

REGULATORY IMPACT ANALYSIS STATEMENT

Key facts

Published
May 27, 2023
Comment deadline
June 26, 2023
Effective date
Unclear

Summary#

Natural Resources Canada is proposing a large set of updates to the Explosives Regulations, 2013. Published in the Canada Gazette on May 27, 2023, the proposal aims to modernize safety rules, reduce some paperwork, and align Canada’s rules with other national and international practices; the public has 30 days to comment.

What it does#

Major changes in plain language:

  • Adds UN 3375 (ammonium nitrate emulsion, gel, or suspension) into Canada’s explosives rules and requires tracking and new transport controls for it.
  • Creates a new low‑risk fireworks class, Type F.5 (novelty devices), and relaxes some rules for items like sparklers (users 16+ may buy/use; under 16 may use only with an 18+ supervisor).
  • Tightens rules for propellant powders and black powder:
    • Sellers must check buyers’ credentials (a PAL or a fireworks operator certificate — pyrotechnician).
    • Limits single black‑powder containers to 500 g and cuts unlicensed storage from 75 kg to 25 kg.
  • Restricts reactive target kits (used for long‑range shooting):
    • Buyers must hold a PAL; sellers must record PALs.
    • Storage limit reduced from 20 kg to 5 kg.
    • Mixing rules: must follow instructions, no foreign material, only one kit mixed at a time, and mixed kits cannot be stored or transported.
  • Transportation and carrier updates:
    • Allow vehicles carrying explosives to be monitored electronically (video, immobilizer, alarms) instead of always being physically attended when certain security conditions are met.
    • Clarifies towing, stopping and overnight parking rules for vehicles that carry explosives.
    • Carriers must give the Chief Inspector a written report after certain accidents or incidents.
  • Creates specific exceptions so the Department of National Defence and Canadian Armed Forces (and cooperating allies) can import or move certain explosives using commercial freight under strict conditions.
  • Raises the minimum age for hazardous explosives work from 17 to 18.
  • Removes some required annual reports and replaces them with two‑year record‑keeping in several places (intended to cut red tape).
  • Recognizes certain foreign security clearances (adds U.S. ATF Employee Possessor Clearance as an “equivalent document” when paired with a valid Canadian work permit).
  • Allows “hybrid” fireworks shows where certified display supervisors may use consumer fireworks as part of a display.
  • A lot of housekeeping: modernizes wording (for example, removing mandatory fax numbers), aligns terms with the Transportation of Dangerous Goods rules, and fixes bilingual discrepancies.

Who's affected#

  • Retailers, distributors and manufacturers of fireworks, propellant powders, black powder and related goods.
  • People who buy or use reactive targets and propellant powders (including hobby shooters).
  • Certified pyrotechnicians, fireworks operators, and people who hold or need a PAL (Possession and Acquisition Licence).
  • Freight carriers and truck drivers who transport explosives.
  • The Department of National Defence and the Canadian Armed Forces (for the new import/transport exceptions).
  • Small businesses in the explosives supply chain (the government estimates 2,256 small businesses would be affected).
  • General public in communities at risk from accidental fires or misuse (for example, wildfire risks from misuse of reactive targets).

If anything in who is affected is unclear from the proposal, the department invites comments during the public notice period.

Why it matters#

  • Public safety: several changes are meant to reduce major accident and fire risks — for example, lower unlicensed black‑powder limits and stricter controls on reactive targets that have been linked to large wildfires and expensive incidents.
  • Convenience and clarity: removing some annual reports and modernizing wording aims to reduce routine paperwork and confusion for businesses and users.
  • New costs and paperwork for some users: the proposal introduces new checks (PALs for some propellant purchases), new record‑keeping and new accident‑report duties for carriers.
  • Military and transport effects: the DND/CAF exceptions and clearer transport rules change how some explosives move across borders and inside Canada. Electronic monitoring options may make some trips easier but carriers must meet safety and security conditions.
  • Economic balance: the government’s cost‑benefit analysis finds annual benefits of about $850,950, present‑value benefits of about $5,976,717, present‑value costs of about $793,955, and a net present value of about $5,182,762 over a 10‑year period. The analysis also estimates net benefits to small businesses (about $206 per business annually).

Remember: these are proposed regulatory amendments, not final law. The public comment period and any changes made in response to feedback could alter the final text.

Key topics

Explosives Regulations, 2013Explosives ActNatural Resources CanadaTransportation of Dangerous Goods Act, 1992Transportation of Dangerous Goods RegulationsUN 3375 AMMONIUM NITRATE EMULSION, GEL, OR SUSPENSIONnovelty devicesType F.5reactive targetspropellant powderblack powderPossession and Acquisition LicencePALEmployee Possessor ClearanceU.S. Bureau of Alcohol, Tobacco, Firearms and Explosives

Source: Canada Gazette

Official source