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

Updates made to this D-memo

• Update of the Firearms Act section 37 (1) requires the presentation of a firearms licence for the importation of ammunition, other than prohibited ammunition, by an individual or non-resident
• The Criminal Code of Canada’s (CCC) definition of ammunition has been added strictly for licensing purposes
• The definition of Non-resident has been added
• The definition of Non-Resident Firearms Declaration form (NRFD) has been added
• The definition of Possession and Acquisition Licence (PAL) has been added

Definitions

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

Ammunition

means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell (munitions)

Note This is the CCC definition and is used strictly for licensing purposes. Please also see small arms cartridge definition below

Explosive

means 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. The Regulations prescribe the following to be explosives:

1. 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
2. any substance numbered UN 1442, Ammonium perchlorate as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations
3. any substance numbered UN 3375, Ammonium nitrate emulsion, gel, or suspension, intermediate for blasting explosives, as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations; and
4. 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 of the Explosives Act, 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

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

Non-resident

means an individual who ordinarily resides abroad. Visitors, seasonal residents, temporary residents, immigrants, and former residents are non-residents.

Non-Resident Firearms Declaration Form (NRFD/RCMP 5589)

means a declaration of firearms, and ammunition to be filled out by a non-resident and presented to a Borders Service Officer (BSO) for confirmation upon importation in Canada when a non-resident does not possess a Possession and Acquisition Licence (PAL).

NRCan’s Online System

Natural Resources Canada’s Electronic Licence Management System for explosives licensing and restricted components enrolment

Possession and Acquisition Licence (PAL)

means a licence that allows an individual to possess and acquire the class or classes of firearm indicated on the licence and allows the importation of ammunition.

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. Blank cartridges are included in the definition of small arms cartridges

Guidelines

Import, export and transportation in transit controls

2. Other than the exemptions listed below, all imports, exports and in transit movements of explosives require a permit issued by NRCan Explosives Regulatory Division (ERD)

Personal exemptions

3. 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:

1. the explosive is for personal use and not for commercial purposes
2. 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
3. in the case of small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device and
4. the quantity of the explosive is not more than the quantity set out in the table below

Table 1: The following table consists of three columns, where the first and second column provide the row number followed by Type of Explosive. The reference quantity for the explosive type is provided in the third column titled “Quantity”.

Note The word “and” in the Quantity column of the table, is used to denote that an individual may import, export, or 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

• 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 valid Canadian Firearms Licence is 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.
• The above exemptions refer only to the requirement for an NRCan permit. They do not exempt individuals from any duties and taxes owing on these goods. Please see paragraph 26 - Duties and Taxes section below for more details

Other exemptions

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

1. 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.
2. 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
3. Christmas crackers containing less than 2 mg of an explosive substance
4. Life-saving devices (for example, signals, flares and parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment necessary for its safe operation or for the safety of its occupants
   Note Pyrotechnic distress signals and life-saving devices must be for 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.
5. 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
6. Safety and strike-anywhere matches
7. 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:
   1. ammonium nitrate in solid form at a concentration of at least 28% nitrogen
   2. hydrogen peroxide at a concentration of at least 30%
   3. nitromethane, UN number 1261
   4. potassium chlorate, UN number 1485
   5. potassium perchlorate, UN number 1489
   6. sodium chlorate in solid form, UN number 1495
   7. nitric acid at a concentration of at least 75%
   8. potassium nitrate, UN number 1486
   9. potassium nitrate and sodium nitrate mixture, UN number 1499 and
   10. sodium nitrate in solid form, UN number 1498
   11. aluminum powder in dry form, UN number 1396
   12. calcium ammonium nitrate, UN number 1477
   13. hexamine, UN number 1328
   14. acetone, UN number 1090

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

5. 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.

Importation of ammunition by individuals

6. In accordance with Firearms Act section 37 (1) individuals or non-residents are required to present a valid firearms licence when importing ammunition, other than prohibited ammunition.

7. An individual or non-resident who is 18 years old or older may import ammunition, other than prohibited ammunition, only if, at the time of the importation, they hold a valid licence (PAL) and produce the licence to a BSO.

Exceptions

8. Non-residents who at the time of the importation, are 18 years old or older and who do not hold a licence may import ammunition, other than prohibited ammunition, if:

• They declare the ammunition at a Customs Office to a BSO by completing the Non-resident Firearms Declaration (NRFD) form containing the prescribed information
• The BSO confirms the declaration in the prescribed manner

Note A Declaration (NRFD) that has been confirmed by a BSO has the same effect as a valid licence for the purpose of importing the ammunition. See definition on ammunition above for licensing purposes.

Non-compliance

9. A customs officer may refuse to confirm the declaration if, among other things:

1. the non-resident has not truthfully completed the prescribed form or
2. the customs officer has reasonable grounds to believe that it is desirable, in the interests of the safety of the non-resident or any other person, that the declaration not be confirmed

10. If any of the requirements of subsection 37(1) or 37(2) of the Firearms Act are not complied with, the customs officer may authorize the ammunition or cartridge magazine to be exported from that customs office or may detain the ammunition or cartridge magazine and give the individual a reasonable time to comply with those requirements.

11. If the requirements are not complied with within a reasonable time and the ammunition is not exported, a customs officer shall lawfully dispose of the ammunition or cartridge magazine.

Application for explosives import, export and in transit permits

12. Applications for an Explosives Permit should be directed to the ERD of NRCan via e-mail, mail or facsimile as outlined in paragraph 34.

13. 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

14. The procedures that apply to the importation, exportation and in transit movements of all explosives that require a permit under the Explosives Act are outlined in Appendix A, B, and C. The purpose of these procedures are to establish effective controls and to facilitate the release of shipments of explosives with appropriate documentation.

Single Window Initiative (SWI)

15. The Single Window Initiative (SWI) provides commercial importers with the ability to submit electronic information to the CBSA, before their arrival, through the use of the Integrated Import Declaration (IID) using service option 911. This 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.

16. 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.

17. In the case of goods regulated by the NRCan Explosives 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.

18. The physical presentation of an explosives import permit is not required when using the SWI IID process.

19. There is no need to submit the Explosives Import Report (Form F04-02) to NRCan when using the IID. Import data for transactions using the IID is received from CBSA. 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.

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

Mail delivery of explosives

21. 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 (CLVS) Program shipping of explosives

22. All goods controlled, prohibited or regulated by an Act of Parliament are excluded from the CLVS Program. Please refer to Memorandum D17-4-0, You may also 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

23. 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 3 and 4 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.

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

Penalty information

25. Unless authorized under the Explosives Act, it is an offence to possess, sell, manufacture, transport, import, export any explosive, or any restricted component. The penalty is:

1. 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
2. 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

26. 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. The costs of 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)

27. 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

28. 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.

29. For additional information on the commercial transportation of cargo, please see the D3 Memoranda series.

Global Affairs Canada

30. 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 personal imports

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

32. 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 Memorandum D2-3-1: Personal Exemptions for Residents Returning to Canada.

33. Non-residents may import ammunition for their personal use in amounts 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:

1. 200 rounds of ammunition or
2. 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

Additional information

34. 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
580 Booth Street, 9th Floor
Ottawa ON  K1A 0E4

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

Email: ERDmms@nrcan.gc.ca
NRCan Website

35. 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

Appendix A: Import permits

Permit holder

Standard paper-based process option

1. Apply for permit electronically using NRCan’s on-line system or manually (Form F04-01A).

2. When approved, NRCan will issue the Single Use or Annual Import Permit and Terms and Conditions (Form F04-03A) to the applicant by mail or an email will be sent to notify the applicant that the permit is accessible by logging back into the on-line system.

3. Single use permits are normally valid for 12 months and they are valid for one importation only; annual permits are valid for 12 months and valid for an unlimited number of importations in that time period.

4. Before importing, ensure the following:

1. the permit is not expired
2. importer’s name on import declaration matches permit holder’s name
3. the goods described on the permit are the same as those described in the import declaration or in the cargo control documents
4. the quantity of goods stated on the import declaration is equal or less than that on the import permit (applies to single use permits only)

5. Present the import permit Form F04-03A (original or copy) to the border services officer.

6. For single use permits, within 30 days of the importation, complete and submit form F04-02 via online reporting or request a paper form from the ERD (address below); for annual permits submit the form F04-02 via online reporting before the permit is renewed or, if the permit is not renewed, within a year after it expires or request a paper form from the ERD (address below).

Explosives Regulatory Division
580 Booth Street, 9th Floor
Ottawa ON  K1A 0E4

Facsimile: 613-948-5195

Email: ERDmms@nrcan.gc.ca

SWI Process Option

1. Apply for permit electronically using NRCan’s on-line system or manually (Form F04-01A).

2. When approved, NRCan will issue the Single Use or Annual Import Permit and Terms and Conditions (Form F04-03A) to the applicant by mail or an email will be sent to notify the applicant that the permit is accessible by logging back into the on-line system.

3. Single use permits are normally valid for 12 months and they are valid for one importation only; annual permits are valid for 12 months and valid for an unlimited number of importations in that time period.

4. Submit IID up to 90 days before the shipment date to CBSA for processing as per the SWI Electronic Commerce Client Requirements Document (ECCRD). Explosives specific data elements to be provided in the IID are listed in the SWI ECCRD’s Explosives Program Appendix. Trade Chain Partner should wait to receive the IID notification before sending the shipment to the border. There is no need to present the Import Permit to a border services officer.

5. Importer’s Information Report (Form F04-02) does not have to be submitted.

Appendix B: Export permits

Permit holder

1. Apply for permit electronically using NRCan’s on-line system or manually (Form F04-01B).

2. When approved, NRCan will issue the Single Use or Annual Export Permit and Terms and Conditions (Form F04-03B).

3. Single use permits are normally valid for 12 months and they are valid for one exportation only; annual permits are valid for 12 months and valid for an unlimited number of exportations in that time period.

4. Before exporting, ensure the following:

1. the permit is not expired
2. exporter’s name on export declaration matches permit holder’s name
3. the goods described on the permit are the same as those described in the export declaration and in the cargo control documents
4. the quantity of goods stated on the export declaration is equal or less than that on the export permit (applies to single use permits only)
5. the destination is noted on the export declaration (if destination is stated on the permit)

5. Present the export permit Form F04-03B (original or copy) to the border services officer.

6. For Single use permits, within 30 days of the exportation, complete and submit form F04-02. For annual permits submit the form F04-02 before the permit is renewed or, if the permit is not renewed, within a year after it expires.

Appendix C: In transit permits

Permit holder

1. Apply for permit electronically using NRCan’s on-line system or manually (Form F04-01C).

2. When approved, NRCan will issue a Single Use or Annual in Transit Permit and Terms and Conditions (Form F04-03C).

3. Single use permits are normally valid for 12 months and they are valid for one in transit movement only; annual permits are valid for 12 months and valid for an unlimited number of in transit movements in that time period.

4. Before in transit movement, ensure the following:

1. the permit is not expired
2. the permit holder’s name matches the name on the transporter carriers cargo report or on any other export documentation
3. the goods described on the permit are the same as those described in the cargo control documents
4. the quantity stated on the cargo control document is equal or less than that on the in transit permit (applies to single use permits only)
5. the destination (if destination is stated on the permit)

5. Present the in transit permit Form F04-03C (original or copy) to the border services officer.

6. For single use permits, within 30 days of the in transit movement, complete and submit form F04-02. For annual permits submit the form F04-02 before the permit is renewed or, if the permit is not renewed, within a year after it expires.

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

References

Headquarters file

68524-2-3

Legislative references

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

Other references

• D2-1-1
• D2-3-1
• D17-4-0
• D19-10-2
• D19-13-2
• D19-13-5
• D20-1-1

Applicable 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)
• Firearms Act – Section 37 - 38

Superseded D memoranda

D19-6-1 dated March 31, 2021

Issuing office

Other Government Departments Policy Unit
Commercial Analysis, Research and Engagement and Trusted Trader Programs
Commercial and Trade Branch

Contact us

faw.aaf@cbsa-asfc.gc.ca