Basic information
Outline of the 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 recom¬mendations of the Committee of Experts on the Transport of Dangerous Goods as adopted by the Economic and Social Council (ECOSOC) of the United Nations.
Product coverage
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.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to explosives from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Explosives Act, R.S., c.E-17 as amended, and the Explosives Regulations, 2013 (SOR/2013 211).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The system is a statutory requirement which does not convey any administrative discrection.
Is it possible for the government to abolish the system without legislative approval?
The system would require legislative approval to be abolished.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
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.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The latest application form and guidelines are located on Natural Resources Canada's webpage: http://www.nrcan.gc.ca/explosives/importation/9913.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can 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.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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.
Which administrative body is responsible for approving application of licences?
The importer need only approach the Explosives Regulatory Division of the Department of Natural Resources.
Must the applications be passed on to other organs for visa, note or approval?
No other administrative bodies are involved.
Are there any other conditions attached to the issue of a licence?
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
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.
Is there any deposit or advance payment required associated with the issue of licences?
Other than the fee, there is no deposit or advance payment associated with the issuance of an importation permit.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An application for an explosives importation permit may only be refused for failure to meet safety or security criteria.
Are the reasons for any refusal given to applicants?
Reasons for such refusal would be given to the applicant
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicant would have the right of appeal to the Minister of Natural Resources under Section 17 of the Explosives Act.
If so, to what bodies and under what procedures?
Minister of Natural Resources
Importation
Are there any limitations as to the period of year during which importation may be made?
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.
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)).
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
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.
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.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
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)).