Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Unit unused

• 95 (1) A mobile process unit must be cleaned if it will not be used, or has not been used, for 30 consecutive days.

• Marginal note:Removal from service

  (2) A mobile process unit must be decontaminated before it is removed from service.

• Marginal note:Decontamination

  (3) All decontamination of a mobile process unit must be carried out at the factory specified in the division 1 factory licence. After decontamination, a unit must be inspected by a supervisor to verify that it no longer contains any explosives.

• Marginal note:Destruction of waste

  (4) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

Marginal note:Operating procedures

• 96 (1) Operating procedures, including procedures to minimize the likelihood of an ignition, must be put in place for every manufacturing operation to be carried out in a mobile process unit.

• Marginal note:Copy

  (2) A copy of the operating procedures for each mobile process unit must be kept in the unit and must be made available to workers.

Marginal note:Process unit records

• 97 (1) A record must be made for each period during which a mobile process unit operates. The record must be kept for two years after the date on which it is made and must include the following information:

  • (a) the dates on which the period of its operation began and ended;

  • (b) a short description of the explosives manufactured;

  • (c) the quantity of explosives manufactured; and

  • (d) the maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the person who did the work.

• Marginal note:Decontamination records

  (2) A record must be made for each decontamination of equipment that is used in a mobile process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.

Marginal note:Maintenance

• 98 (1) Every mobile process unit must be maintained in good operating condition.

• Marginal note:Servicing during use

  (2) Minor servicing of a mobile process unit may be done while it is in use if the following requirements are met:

  • (a) the servicing is routine and integral to the use of the unit; and

  • (b) the servicing is done by a competent person.

• Marginal note:Work permit

  (3) All other maintenance or repair work, if it is done at the factory, must be carried out by a competent person who has been issued a work permit by the licence holder.

• Marginal note:Contents of work permit

  (4) A work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition.

• Marginal note:Decontamination

  (5) A mobile process unit must be decontaminated at the factory before it is taken outside the factory for maintenance or repair.

• Marginal note:Work done outside factory

  (6) If maintenance or repair work is done outside the factory on manufacturing equipment that is in or on a mobile process unit and whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.

• Marginal note:Repairs at site of breakdown

  (7) In the case of a mechanical breakdown of a vehicle used as a mobile process unit, repairs to the vehicle may be done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.

• Marginal note:Unloading and towing

  (8) If doing the repair work could increase the likelihood of ignition, the unit must be towed to the factory for repair.

• Marginal note:Maintenance record and work permits

  (9) A maintenance record of all maintenance and repair work done to a mobile process unit, or to any manufacturing equipment in or on the unit whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for the maintenance and repair work must also be kept for two years after the date on which the work is completed. The maintenance record and permits must be kept at the factory.

• Marginal note:Progressive cavity pump logbook and maintenance record

  (10) For each progressive cavity pump, a separate logbook that sets out the operating history of the pump and a separate maintenance record that sets out the maintenance and repair work done to it must be kept at the factory for the life of the pump.

Marginal note:Use at client site

• 99 (1) A mobile process unit may be used to manufacture explosives at a client site, but only if the unit and the site are both specified in the division 1 factory licence or satellite site certificate.

• Marginal note:Manufacturing operations

  (2) All manufacturing operations at a client site must be carried out by a competent person.

• Marginal note:Precautions

  (3) Before manufacturing operations begin, every one at the client site must be informed of the precautions that must be taken while dewatering, driving over loaded boreholes, handling charging hose and carrying out charging operations.

• Marginal note:Hazards

  (4) Any thing or activity that could increase the likelihood of an accidental ignition must not be allowed within 15 m of a mobile process unit and its charging hose.

• Marginal note:Performance-diminishing substance

  (5) A person must not be permitted to be within 15 m of a mobile process unit and its charging hose while the unit is operating if there are reasonable grounds to believe that the person is under the influence of or is carrying alcohol or another performance-diminishing substance. A person who has taken a prescription drug may be permitted to enter the area if they have medical proof that the drug is needed and will not impede their ability to function safely.

• Marginal note:No smoking

  (6) A person must not be permitted to smoke within 15 m of a mobile process unit and its charging hose.

• Marginal note:Thunderstorms

  (7) On the approach of a thunderstorm, if a mobile process unit is at the surface at a client site, all manufacturing operations in the unit must be shut down and all people in the vicinity of the unit must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return to the vicinity of the unit.

Marginal note:Packaging at satellite or client site

• 100 (1) Blasting explosives in bulk that are manufactured in a mobile process unit may be packaged at a satellite or client site, but only if the explosives

  • (a) have been removed to prepare the unit for cleaning or decontamination;

  • (b) are to be used as samples for laboratory analysis;

  • (c) have been used to calibrate the process equipment;

  • (d) are to be used to charge boreholes that the unit cannot access during its operations at a client site; or

  • (e) are to be used to charge boreholes that present unforeseen conditions rendering their use unsafe if they are left unpackaged.

• Marginal note:Packaging

  (2) The packaging must prevent the explosives from leaking or spilling and minimize the likelihood of an accidental ignition.

SUBDIVISION dRequirements for Workers, Visitors and Other People

Factory and Satellite Site

Marginal note:Authorization to enter

• 101 (1) Before entering a factory or satellite site, every worker who is not an employee and every visitor must obtain the authorization of the holder of the division 1 factory licence. A visitor must be at least 17 years old.

• Marginal note:Visitors

  (2) While at a factory or satellite site, a visitor must remain under the supervision of a competent person, unless the holder has reasonable grounds to believe that the visitor understands the hazards to which the visitor could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.

• Marginal note:Performance-diminishing substance

  (3) A worker or visitor who is under the influence of or is carrying alcohol or another performance-diminishing substance must not enter a factory or satellite site. However, a worker or visitor who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to carry out their functions or to visit safely.

Marginal note:Personal protective equipment

• 102 (1) Every worker and visitor at a factory or satellite site must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

• Marginal note:Hair, clothing and accessories

  (2) Every worker and visitor must confine or cover any loose hair and confine, cover or remove any loose clothing, jewelry or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

• Marginal note:Electronic devices

  (3) Every worker and visitor must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of a factory or satellite site where the device, if activated, could increase the likelihood of an ignition.

Marginal note:Precautions

• 103 (1) Every worker and visitor at a factory or satellite site must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

• Marginal note:No smoking

  (2) Workers and visitors must not smoke at a factory or satellite site.

Marginal note:Worker qualifications

104 A worker at a factory or satellite site may carry out a task only if they

• (a) have been trained in that task and understand the hazards to which they could be exposed; or

• (b) are at least 18 years old, participating in a training program and under the direct supervision of a competent person.

Client Sites

Marginal note:Performance-diminishing substance

• 105 (1) A person at a client site must not be within 15 m of an operating mobile process unit and its charging hose if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter the area if they have medical proof that they need the drug and that it will not impede their ability to function safely.

• Marginal note:Hazards

  (2) A person at a client site must not be in possession of any thing, or carry out any activity, within 15 m of a mobile process unit and its charging hose if the thing or activity could increase the likelihood of an accidental ignition.

DIVISION 2Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate

Interpretation

Marginal note:Definitions

106 The following definitions apply in this Division.

competent person

competent person means a person described in subsection 122(2). (personne compétente)

division 2 factory licence

division 2 factory licence means a licence that is issued by the Minister under paragraph 7(1)(a) of the Explosives Act authorizing a manufacturing activity referred to in section 53 at a workplace. (licence de fabrique de la section 2)

manufacturing certificate

manufacturing certificate means a certificate that is issued by the Minister under paragraph 7(1)(c) of the Explosives Act and authorizes an activity referred to in section 107 at a workplace. (certificat de fabrication)

worker

worker means a person who is at a workplace to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 2 factory licence. (travailleur)

workplace

workplace means a building, room or area where an activity involving the manufacture of explosives, including their storage, is carried out. (lieu de travail)

SUBDIVISION aAuthorized Activities

Marginal note:Authorized activities

• 107 (1) A holder of a division 2 factory licence or manufacturing certificate may carry out those of the following activities that are specified in the licence or certificate at a workplace specified in the licence or certificate:

  • (a) in the case of the owner of a surface mine or quarry, the blending of ammonium nitrate and fuel oil at a blast site at the mine or quarry;

  • (b) the manufacture of small arms cartridges for sale, and the storage of up to 225 kg of explosives contained in the cartridges and up to 75 kg of propellant powder in bulk to be used in manufacturing the cartridges;

  • (c) the manufacture of any explosives for the purpose of conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution or by a law enforcement or government agency and the storage of up to 5 kg of the manufactured explosives;

  • (d) the manufacture of any explosives for the purpose of conducting an experiment, test or analysis by a private or commercial laboratory and the storage of up to 5 kg of the manufactured explosives;

  • (e) the manufacture of consumer fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;

  • (f) the manufacture of display fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;

  • (f.1) the manufacture of F.5 novelty devices for personal use;

  • (g) the manufacture of rocket motors for personal use and the storage of up to 25 kg of manufactured rocket motors and propellant powder (combined quantity) to be used in manufacturing the motors;

  • (h) the manufacture and storage of black powder charges for ceremonial use;

  • (i) the preparation and storage of display fireworks at a location other than the site of the display;

  • (j) the mixing of non-explosive components for the purpose of manufacturing industrial explosives at the site where they will be used;

  • (k) the preparation and packaging of assortments of explosives for the purpose of sale by a person who does not hold a vendor magazine licence; or

  • (l) any other activity relating to the manufacture and storage of explosives (for example, assembling a net-throwing device for sale, re-packing deteriorated explosives or destroying explosives).

• Marginal note:Transportation of black powder charges

  (2) For the purpose of transporting black powder charges manufactured under paragraph (1)(h), the charges are classified as UN 0027.