Import, export and in transit requirements of the Explosives Act and Regulations
Memorandum D19-6-1

Ottawa, December 22, 2022

ISSN 2369-2391

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The Canada Border Services Agency (CBSA) assists Natural Resources Canada (NRCan) with the administration of the Explosives Act and Explosives Regulations, 2013. This memorandum outlines the policies and procedures relating to the import, export and in transit movement of explosives.

Legislation

• Canada Border Services Agency Act – Subsections 5(1) and (2)
• Customs Act – Subsection 12(1), Sections 31 and 95, Subsection 99(1), Section 101, Subsection 107(5)
• Reporting of Exported Goods Regulations– Subsection 5(1)
• Explosives Act – Section 3, Subsections 9(1) through (3)
• Explosives Regulations, 2013 – Section 5 (5), Sections 44 through 51, Section 166
• Non-residents' Temporary Importation of Baggage and Conveyances Regulations– Subsection 4(1)(c)

Guidelines and general information

1. The Explosives Act is an Act respecting the manufacture, testing, acquisition, possession, sale, storage, transportation, importation, exportation of explosives and the use of fireworks. The Act gives authority to the Governor in Council to make regulations generally for carrying out the purposes or provisions of this Act into effect, such as prescribing any thing that is to be included or not to be included in the definition "explosive", exempting any explosive from the application of this Act or the regulations or any provision of this Act or the regulations, and regulating the importation, exportation and shipments in transit of explosives.

Definitions

2. The following definitions apply in this D-Memorandum:

explosive

means:

• a) an explosive substance or explosive article that is not manufactured or used to produce an explosion, detonation or pyrotechnic effect but is included in Class 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations
• Note: the term “explosive” is defined in section 2 of the Explosives Act as “any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations”
• b) any substance numbered UN 1442, ammonium perchlorate and UN 3375 ammonium nitrate, as set out in columns 1 and 2 of schedule 1 to the Transportation of Dangerous Goods Regulations and
• c) a multi-ingredient kit that is used to manufacture an explosive
• Note: this includes exploding/reactive targets and binary explosives.

inspector

means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive.

in transit

The movement of foreign goods through Canadian territory from a point outside Canada to another foreign point.

small arms cartridge

means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge.

Import, export and transportation in transit controls

3. Other than the exemptions listed below, all imports, exports and in transit movements of explosives require an Explosives Import/Export/in Transit Permit issued by NRCan Explosives Regulatory Division (ERD)

Exemptions

Personal exemptions

4. A person may import, export, or transport in transit an explosive set out in the following table without a permit if the following conditions are met:

• a) the explosive is imported, exported or transported in transit for personal use and not for commercial purposes
• b) the explosive enters or leaves Canada with the person importing or exporting it or, if the explosive is transported in transit, it remains with the person transporting it at all times
• c) in the case of small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device and
• d) the quantity of the explosive being imported, exported or transported in transit is not more than the quantity set out in the table below
• Note: The word “and” in the Quantity column of the table, is used to denote that an importer, exporter, or person transporting in transit may import, export, transport in transit any or all of the explosives in the table in a single shipment. The word “and” does not appear in the Explosives Regulations, 2013 but is added here for clarification purposes.

Notes:

• blank cartridges are included in the definition of small arms cartridges
• inert/dummy articles and substances (empty of all explosives, such as brass, lead bullets, replicas of explosive articles, etc.) are not regulated under the Explosives Act and no permit from NRCan is required. However, any of the so-called “deactivated”, “inert” or “dummy” grenades (or similar articles) made with parts or components of real grenades, will require an import or export permit from Global Affairs Canada (GAC). For an in transit movement by an individual, an import and export permit from GAC is required
• certain types of ammunition are referred to as being “caseless” since they do not have a cartridge. This type of ammunition requires an import, export or in transit permit from NRCan
• presentation of a Canadian Firearms Licence is not necessary to import ammunition
• each individual 18 years of age and over may claim the above exemptions
• Canadians must follow United.States (U.S). Federal and state laws when purchasing ammunition in the U.S.

Other exemptions

5. The following imports, exports, or in transit movements do not require a permit:

• a) explosives classified as UN3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations
• Note: these include airbags and seat belt pre-tensioners
• b) explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for example, 1H-tetrazole), training kits for detector dogs and kits to test the functioning of machines that detect trace levels of explosives
• c) Christmas crackers containing less than 2 mg of an explosive substance
• d) life-saving devices (for example, signals, flares and parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment that is necessary for its safe operation or for the safety of its occupants
• Note: Pyrotechnic distress signals and life-saving devices are for the use in the same aircraft, vessel, train or vehicles (already part of its safety equipment). If they are imported, exported, shipped in transit for future installation / use in other aircraft, vessel, train or vehicle they require an import, export, or in transit permit
• e) explosives under direction or control of the Minister of National Defence and allied armed forces that are under the control of any armed forces that are cooperating with the Canadian Forces
• f) safety and strike-anywhere matches
• g) Restricted components and other chemicals that are not defined as explosives do not require import, export, or in transit permits from NRCan. Restricted component product means a product, other than an explosive, that contains or is made from:
  • i. ammonium nitrate in solid form at a concentration of at least 28% nitrogen
  • ii. hydrogen peroxide at a concentration of at least 30%
  • iii. nitromethane, UN number 1261
  • iv. potassium chlorate, UN number 1485
  • v. potassium perchlorate, UN number 1489
  • vi. sodium chlorate in solid form, UN number 1495
  • vii. nitric acid at a concentration of at least 75%
  • viii. potassium nitrate, UN number 1486
  • ix. potassium nitrate and sodium nitrate mixture, UN number 1499 and
  • x. sodium nitrate in solid form, UN number 1498

Explosive commodities that are either prohibited or commonly mistaken as non-explosives

6. Appendix D outlines explosive commodities that are either prohibited or commonly mistaken as non-explosives, such as toys and novelties. This list is intended as a guide and is not to be regarded as all-inclusive. When there is any doubt about the admissibility of an article, full particulars should be referred to the ERD of NRCan.

Application for explosives import, export and in transit permits

7. Applications for an Explosives Permit should be directed to the ERD of NRCan via e-mail, mail or facsimile as outlined in paragraph 27.

8. To obtain an import, export or in transit permit, the applicant can also submit an application online using NRCan’s on-line system. When the application is approved the permit holder will receive email notification advising them on how to access the permit by logging back into the on-line system. Status of the permit application and all approved active permits will be available to an authorized user via the on-line system.

Procedures on importation, exportation, and transport in transit requiring an explosives permit

9. The procedures that apply to the importation, exportation, and in transit movements of all explosives that require an import, export, or in transit permit under the Explosives Act are outlined in Appendix A, B, and C. The objectives of these procedures are to establish effective controls and to facilitate the release/shipments of explosives with appropriate documentation.

Single Window Initiative

10. The Single Window Initiative (SWI) provides commercial importers with the ability to submit electronic information to the CBSA, in advance of their arrival, through the use of the Integrated Import Declaration (IID) using service option 911. This new service is voluntary and provides the ability for importers and brokers to obtain release of various regulated goods that previously could only be released through a paper process.

11. The Permit Number along with other data elements specified in the SWI Electronic Commerce Client Requirements Document (ECCRD’s) Explosives Program Appendix must be submitted in IID.

12. In the case of goods regulated by the NRCAN explosive Program, commercial importers can transmit electronic information using the IID to submit a release request up to 90 days in advance. Commercial importers need to contact NRCAN beforehand to obtain an import permit.

13. The physical presentation of an explosives import permit is no longer required when using the SWI IID process.

14. There will no longer be a need to submit the Explosives Import Report (Form F04-02) to NRCan when using the IID. Import data for transactions utilizing the IID is received from CBSA, eliminating the submission requirement of the Import Transaction Report (form F04-02) by permit holders to NRCan. In instances where the electronic IID is not used, paper permits will continue to be accepted for release; however permit holders must then submit the form F04-02 to NRCan.

15. For further information please reference the CBSA Single Window Website or the NRCan Explosives SWI Website. At this time, the SWI process is only available for the importation of explosives.

Mail delivery of explosives

16. The delivery of explosives by mail is subject to the provisions of the Canada Post Corporation Act. Please refer to the Non-mailable Matter Regulations for more information.

Courier low value shipment program shipping of explosives

17. All goods controlled, prohibited or regulated by an Act of Parliament are excluded from the Courier Low Value Shipment (CLVS) Program. Please refer to the D19 Memoranda series, “Acts and Regulations of Other Government Departments,” for detailed information on goods that are controlled, prohibited or regulated.

Shipments of explosives without an explosives permit or with an invalid explosives permit

18. Where explosives are not accompanied by a valid explosives import, export or in transit permit, other than as allowed as per exemptions described in paragraphs 4 and 5 of this memorandum, NRCan will direct the CBSA to detain, release, or reject the shipment of explosives. In the unusual event where assistance is not available, the shipment into/from Canada will not be allowed.

19. When explosives are rejected and the importer/exporter/freight forwarder refuses to return the goods to the point of origin, the CBSA must contact the ERD to obtain advise on possible; enforcement actions with respect to contravention of the Explosives Act and Regulations.

Penalty information

20. Section 21(1) of the Explosives Act states: “Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

• a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both or
• b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.”

Disposal

21. As per section 26(2) Explosives Act and section 36(2) of the Customs Act explosives that are forfeited or abandoned, will be disposed of as the Minister directs, and the costs of its disposal may be charged to the owner or the person having the lawful possession of it at the time of its seizure.

Customs Self-Assessment Program (CSA)

22. The CSA program gives approved importers, approved carriers and registered drivers the benefits of a streamlined clearance option for CSA-eligible goods. The streamlined clearance process eliminates the need for transactional transmissions of data related to eligible goods. This allows for the clearance of goods based on the identification of the approved importer, approved carrier and registered driver. Explosives classified as UN3268 are eligible to be approved under the CSA program. This includes airbags and seat belt pre-tensioners.

Additional requirements

23. The importation, exportation and in transit movement of explosives may also be subject to the requirements contained within Memorandum D19-13-2, Importing and Exporting Firearms, Weapons and Devices, Memorandum D19-10-2, Export and Import Permits Act (Importations), Memorandum D20-1-1, Export Reporting and Memorandum D19-13-5, Transportation of Dangerous Goods.

24. For additional information on the commercial transportation of cargo, please see the D3 Memoranda Series.

Global Affairs Canada

25. The importation and exportation of certain military explosives may also be subject to the provisions of the regulations under the Export and Import Permits Act, which is administered by GAC.

Duties and/or taxes for travellers

26. Information on duties and taxes are not part of the Explosives Act or Regulations; this information is being provided for information purposes only.

• a) import – Residents must pay duties and/or taxes on all items allowed as personal exemptions for explosives. Residents may count these items toward their duty free allowances upon entering Canada; see see Memorandum D2-3-1, Personal Exemptions for Residents Returning to Canada. As per the Non-residents’ Temporary Importation of Baggage and Conveyances Regulations, non-residents may import certain quantities of ammunition for their personal use that are appropriate for their needs and consistent with the purpose, nature and duration of their intended stay in Canada. As outlined in Memorandum D2-1-1, Temporary Importation of Baggage and Conveyances by Non-residents, a non-resident may temporarily import under TI 9803.00.00, duty- and tax free:
  • i) 200 rounds of ammunition or
  • ii) 1,500 rounds of ammunition, if the ammunition is for his or her own use at a competition under the auspices of a recognized Canadian shooting or rifle association. The non-resident must prove that he or she is attending a competition, and that the competition is at an approved range (this information can be determined if the range is listed in official directories)
• Note: non-residents, who import more than the duty-free allowance of ammunition, must pay duty and/or taxes on the excess amount of ammunition
• b) Export – duties and/or taxes are not applicable for ammunition or other items allowed as personal exemptions. Residents are encouraged to check with customs officials of the country you intend to enter for their import requirements
• c) In transit – duties and taxes do not apply to ammunition or other items allowed as personal exemptions that are part of an in transit movement. If you wish to personally transport your ammunition in transit, please refer to paragraphs 57 and 58 in Memorandum D2-1-1, Temporary Importation of Baggage and Conveyances by Non-residents

Additional information

27. Inquiries concerning the Explosives Act and Explosives Regulations, 2013, explosives permits or commodity clarification should be directed to the following:

Explosives Regulatory Division
Natural Resources Canada
588 Booth Street, 4th floor
Ottawa ON  K1A 0E4

Telephone: 1-855-912-0012
Facsimile: 613-948-5195

Email: ERDmms@nrcan.gc.ca
NRCan Website

28. The CBSA Border Information Service (BIS) responds to public inquiries related to import, export and in transit requirements of other government departments. You can access BIS toll-free throughout Canada by calling 1-800-461-9999. If you are calling from outside Canada, you can access BIS by calling 204-983-3500 or 506-636-5064 (long-distance charges will apply). To speak directly to an agent, please call during regular business hours from Monday to Friday (except holidays), 8 a.m. to 4 p.m. local time.

Appendix A

Import permits

Appendix B

Export permits

Appendix C

In transit permits

Appendix D

References

Issuing office

Other Government Departments Programs Unit
Program Policy and Management Division
Programs Branch

Headquarters file

68524-2-3

Legislative references

• Canada Border Services Agency Act
• Canada Post Corporation Act
• Customs Act
• Explosives Act
• Export and Import Permits Act
• Transportation of Dangerous Goods Act
• Explosives Regulations, 2013
• Non-mailable Matter Regulations
• Reporting of Exported Goods Regulations
• Transportation of Dangerous Goods Regulations
• Customs Tariff

Other references

D2-1-1, D2-3-1, D19-10-2, D19-13-2, D19-13-5, D20-1-1

Superseded memorandum D

D19-6-1 dated March 31, 2021

Date modified:

2022-12-22