Natural Resources Canada’s (NRCan) Explosives Program is undertaking a review of the Canadian Explosives Regulations, 2013, to address the evolving safety and security needs within the explosives sector. Initially updated nearly a decade ago, the regulatory framework now requires modifications to ensure its relevance and effectiveness.

The review has identified significant gaps, notably that current regulations do not adequately reflect the risk profiles of various explosive products. For example, novelty fireworks and sparklers are subject to unnecessarily stringent requirements, despite their lower risk compared to more hazardous items. Additionally, outdated administrative practices, such as the requirement for fax submissions and burdensome annual reporting, highlight the need for streamlining.

Initiated in spring 2021, the review involved extensive research, national and international comparisons, and stakeholder consultations. Over 280 regulatory irritants were identified, leading to five key themes: alignment of safety and security requirements with risk, simplification of licensing and fees, reduction of administrative burdens, clarification of inaccuracies, and modernization of the regulatory regime.

In response to these findings, the review proposes two omnibus amendment packages, with the first focusing on enhancing safety, security, and regulatory efficiency. Key proposed amendments include the introduction of clear definitions for terms such as “misfire,” and the classification of explosive materials, including UN 3375 (ammonium nitrate emulsion). A new classification for low-risk fireworks will differentiate these products from higher-risk consumer fireworks, thereby reducing regulatory burdens while maintaining safety.

Further amendments aim to streamline transportation requirements for explosives, clarifying that mobile process units do not require constant supervision in secure areas. Licensing adjustments will increase the minimum age for workers in explosives manufacturing and enhance screening requirements for approval letters to bolster security for high-hazard explosives. Additionally, unnecessary annual reporting requirements will be eliminated, while essential record-keeping mandates will remain to alleviate the administrative burden on stakeholders.

Stricter guidelines will also be introduced for mixing reactive targets, ensuring that only licensed individuals handle such materials and prohibiting the mixing of ingredients without proper instructions. Updates to storage limits and sales requirements for consumer fireworks will enhance safety while accommodating increased storage capacities for sellers.

These regulatory changes seek to align the regulations with the Transportation of Dangerous Goods Act and to modernize the language and processes throughout the regulatory framework. By addressing outdated provisions and excessive burdens, NRCan aims to create a safer and more efficient regulatory environment for the explosives sector in Canada. 

Canada (Proposal) May 27, 2023