PART 9Transporting Explosives
186 This Part sets out the requirements for transporting Footnote *explosives, including in transit transportation and the loading and unloading of explosives, that must be met by owners, shippers, carriers and drivers. When a small quantity of certain explosives is to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 and 203 (dealing with transportation by other means) apply.
187 The following definitions apply in this Part.
carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur)
shipper means a person who arranges for a carrier, prepares the Footnote *explosives for transport and delivers them to the carrier. (expéditeur)
Marginal note:Explosive quantity
188 A reference to the mass of an Footnote *explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance), except in section 190 where it is a reference to its gross quantity (the mass of the explosive plus the mass of any packaging or container).
Marginal note:Driver who is not a carrier
189 A driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.
Transporting Small Quantity of Explosives
Marginal note:List of explosives
(a) no more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED;
(b) no more than 150 kg of an explosive with the number
(i) UN 0161, POWDER, SMOKELESS,
(ii) UN 0186, ROCKET MOTORS,
(iii) UN 0191, SIGNAL DEVICES, HAND,
(iv) UN 0197, SIGNALS, SMOKE,
(v) UN 0276, CARTRIDGES, POWER DEVICE,
(vi) UN 0312, CARTRIDGES, SIGNAL,
(vii) UN 0336, FIREWORKS,
(viii) UN 0351, ARTICLES, EXPLOSIVE, N.O.S.,
(ix) UN 0403, FLARES, AERIAL,
(x) UN 0431, ARTICLES, PYROTECHNIC,
(xi) UN 0453, ROCKETS, LINE THROWING,
(xii) UN 0499, PROPELLANT, SOLID,
(xiii) UN 0501, PROPELLANT, SOLID,
(xiv) UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS,
(xv) UN 0505, SIGNALS, DISTRESS,
(xvi) UN 0509, POWDER, SMOKELESS; or
(c) any quantity of an explosive with the number
(i) UN 0012, CARTRIDGES, SMALL ARMS,
(ii) UN 0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK,
(iii) UN 0044, PRIMERS, CAP,
(iv) UN 0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER,
(v) UN 0105, FUSE, SAFETY,
(vi) UN 0131, LIGHTERS, FUSE,
(vii) UN 0173, RELEASE DEVICES, EXPLOSIVE,
(viii) UN 0323, CARTRIDGES, POWER DEVICE;
(ix) UN 0337, FIREWORKS,
(x) UN 0373, SIGNAL DEVICES, HAND,
(xi) UN 0404, FLARES, AERIAL,
(xii) UN 0405, CARTRIDGES, SIGNAL,
(xiii) UN 0432, ARTICLES, PYROTECHNIC,
(xiv) UN 0454, IGNITERS,
(xv) UN 0506, SIGNALS, DISTRESS, or
(xvi) UN 0507, SIGNALS, SMOKE.
(2) However, the carrier and driver must ensure that the explosives are transported in a package or container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized.
- SOR/2016-75, s. 21.
Transporting Explosives in a Vehicle
Marginal note:Vehicle requirements
Marginal note:Vehicle kept locked
(2) The driver of the vehicle must also ensure that the portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded.
Marginal note:Towed vehicle
(3) A carrier of explosives must not transport explosives in a towed vehicle unless
Marginal note:Oversized load
(4) If an Footnote *explosive article or equipment that is contaminated with an Footnote *explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and covered.
Marginal note:Application for permit
(5) A carrier who applies for a permit to use a flatbed to transport an explosive article or equipment that is contaminated with an explosive substance must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:
(a) the applicant’s name, address, telephone number, fax number and email address;
(b) the licence plate number and vehicle identification number of the flatbed;
(c) the number of the division 1 factory licence or magazine licence that authorizes the Footnote *manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported;
(d) a description of the explosive article or contaminated equipment; and
(e) a description of the method to be used to cover the article or equipment and to secure it to the flatbed.
Marginal note:Iron or steel parts
(6) If an iron or steel part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport so as to increase the likelihood of an ignition, the carrier must ensure that the part is covered with material that will prevent the contact, unless the iron or steel is part of the means of containment for in bulk transportation of the explosives numbered
Marginal note:Vehicle transporting more than 2 000 kg of explosives
(7) If the vehicle will be used to transport more than 2 000 kg of explosives, the carrier must ensure that the vehicle is not gasoline-powered. The carrier must also ensure that the fuel tank and fuel lines are not located in, under, beside or over the portion of the vehicle that contains the explosives, unless there is no possible alternative and precautions that minimize the likelihood of an ignition have been taken.
Marginal note:Fire extinguishers
(8) The carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.
Marginal note:Heater and lights
(9) The carrier must ensure that the portion of the vehicle that contains explosives does not have a heater or light — other than a heater or light installed in the portion of the vehicle occupied by the driver — unless the Minister determines that
Marginal note:Refrigeration and climate control systems
(10) The carrier must ensure that the portion of the vehicle that contains explosives does not have a refrigeration or climate-control system with its own fuel tank unless
(a) the fuel system is drained and purged or removed and any battery is isolated by a cut-off switch or removed; or
(b) the Minister determines that
Marginal note:Hot components of exhaust system
(11) The carrier must ensure that the portion of the vehicle that contains explosives is protected from any component of an exhaust system that could, by heating up, increase the likelihood of an ignition.
Marginal note:Dangerous goods safety marks
(12) The carrier and the driver must ensure that any dangerous goods safety marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway.
- SOR/2016-75, s. 38.
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