PART 1Introduction

Marginal note:Overview

1 This Part sets out the scheme and application of these Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”. Finally, it explains the function of the notes and asterisks that are used in the Regulations.

Note: Section 29 of the Explosives Act states that “Nothing in the Act relieves any person . . . of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives. . . .”

Marginal note:Notes

2 The notes that appear beneath some provisions do not form part of these Regulations but are included for convenience only.

Marginal note:Asterisks

3 When a term that is defined in section 6 is used in these Regulations, an asterisk appears in front of the term the first time that it is used in a section.

Marginal note:Scheme of Regulations

• 4 (1) These Regulations are divided into 20 Parts. Some Parts apply to all Footnote ^*explosives and some apply only to specific types of explosive. The final Part applies to restricted components.

• Marginal note:General requirements, prohibitions and safety precautions

  (2) Part 2 sets out the general requirements, prohibitions and safety precautions that apply to every person who is carrying out an Footnote ^*activity involving an explosive or is in the vicinity of an explosive.

• Marginal note:Authorization and classification of explosives

  (3) Part 3 indicates how to obtain an authorization of an explosive, how an authorized explosive is classified, how to obtain permission to change an authorized explosive, when an authorization may be cancelled and when an authorized explosive must be recalled.

• Marginal note:Importing and exporting explosives and transporting explosives in transit

  (4) Part 4 indicates how to obtain a permit to import or export explosives or to transport them in transit and sets out the requirements for carrying out those activities.

• Marginal note:Manufacturing explosives

  (5) Part 5 indicates how to obtain a factory licence or manufacturing certificate and sets out the circumstances in which explosives may be Footnote ^*manufactured without a licence or certificate. It also sets out the requirements for manufacturing explosives.

• Marginal note:Magazine licences and storage in licensed magazine

  (6) Part 6 indicates how to obtain a magazine licence and sets out the requirements for storing explosives in a licensed magazine.

• Marginal note:Provisions of general application

  (7) Part 7 sets out the terms and conditions that apply to all holders of licences, permits and certificates, indicates how to obtain an amendment or renewal and sets out the circumstances in which a licence, permit or certificate may be suspended or cancelled.

• Marginal note:Screening

  (8) Part 8 sets out the screening and supervision requirements that apply to people who have, or could have, access to high risk explosives.

• Marginal note:Transporting explosives

  (9) Part 9 sets out the requirements for transporting explosives, including transporting them in transit.

• Marginal note:Particular types of explosives

  (10) Parts 10 to 15 set out the requirements for the acquisition, storage and sale of the following types of explosives:

  • (a) military explosives and law enforcement explosives – Part 10;

  • (b) Footnote ^*industrial explosives – Part 11;

  • (c) blank cartridges for tools – Part 12;

  • (d) special purpose explosives – Part 13;

  • (e) small arms cartridges, propellant powder and percussion caps – Part 14; and

  • (f) model and high power rocket motors – Part 15.

  Part 14 also authorizes, and sets out requirements for, the manufacture of small arms cartridges and black powder cartouches.

• Marginal note:Types of pyrotechnics

  (11) Parts 16 to 18 set out the requirements for the acquisition, storage, sale and use of the following types of fireworks:

  • (a) consumer fireworks – Part 16;

  • (b) Footnote ^*special effect pyrotechnics – Part 17; and

  • (c) display fireworks, including firecrackers – Part 18.

  Parts 17 and 18 also indicate how to obtain a fireworks operator certificate.

• Marginal note:Fees

  (12) Part 19 sets out the fees to be paid for obtaining an authorization, permit, licence or certificate.

• Marginal note:Restricted components

  (13) Part 20 restricts the sale and acquisition of certain components of explosives and sets out requirements for their sale and storage.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Application of Regulations

• 5 (1) These Regulations apply to all Footnote ^*explosives except the following, to which only Part 5 applies:

  • (a) safety and strike-anywhere matches;

  • (b) 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;

  • (c) explosives classified as UN 3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;

  • (d) explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for example, 1H-tetrazole), training kits for sniffer dogs and kits to test the functioning of machines that detect trace levels of explosives; and

  • (e) Christmas crackers containing less than 2 mg of Footnote ^*explosive substance.

• Marginal note:Exemption from Explosives Act

  (2) Paragraphs 6(b) to (d) and subsections 9(2) and (3) of the Explosives Act do not apply to the explosives set out in subsection (1).

• Marginal note:Exemption from Act

  (3) Paragraph 6(e) and section 20 of the Explosives Act do not apply to the explosives set out in paragraphs (1)(a), (b), (d) and (e).

• Marginal note:Exemption from Act

  (4) Section 21 of the Explosives Act applies to the explosives set out in subsection (1) only in respect of the activities referred to in paragraph 6(a) of that Act, and to the explosives set out in paragraph 1(c) only in respect of the activities referred to in paragraph 6(e) of that Act.

• Marginal note:Explosives under control of allied armed forces

  (5) Explosives that are under the control of any armed forces that are cooperating with the Canadian Forces are deemed to be under the direction or control of the Minister of National Defence.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Definition of explosive

• 6 (1) For the purposes of section 2 of the Explosives Act and these Regulations, explosive includes

  • (a) an Footnote ^*explosive substance or Footnote ^*explosive article that is not Footnote ^*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;

  • (b) 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; and

  • (c) a multi-ingredient kit that is used to manufacture an explosive.

    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”.

• Definition of military device

  (2) For the purposes of section 2 of the Explosives Act, military device means a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, perforator and any other explosive article that is manufactured exclusively for military or law enforcement purposes.

• Marginal note:Definitions

  (3) The following definitions apply in these Regulations.

  activity involving an explosive

  activity involving an explosive means acquiring, possessing, selling, offering for sale, storing, Footnote ^*manufacturing, transporting, transporting in transit, importing, exporting or delivering an Footnote ^*explosive or using fireworks. (activité visant un explosif)

  attended

  attended means to be constantly monitored by a person and, unless these Regulations provide otherwise, includes monitoring by a person using electronic means. (surveillé)

  compatible

  compatible means, in relation to a material, that the material

  • (a) will not react chemically with an Footnote ^*explosive or raw material so as to affect the functioning of the explosive or raw material or to increase the likelihood of an ignition of the explosive or raw material; and

  • (b) will not be degraded by an explosive or raw material so as to affect its function or increase the likelihood of an ignition of the explosive or raw material. (compatible)

  decontaminate

  decontaminate means to completely remove, clean or purge an Footnote ^*explosive substance from a building, room, area, vehicle, equipment or container. (décontamination)

  explosive article

  explosive article means an article that contains one or more Footnote ^*explosive substances. (objet explosif)

  explosive substance

  explosive substance means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable, by chemical reaction, of producing a gas at a temperature, pressure and speed that is capable of causing damage to surrounding structures or infrastructure. It includes a substance — or a mixture of substances — that is designed to produce an effect of heat, light, sound, gas or smoke, or a combination of such effects, by means of a non-detonative self-sustaining exothermic chemical reaction, even if the substance or mixture does not produce a gas. (matière explosive)

  industrial explosive

  industrial explosive has the same meaning as in section 213. (explosif industriel)

  local authority

  local authority means, in relation to Footnote ^*special effect pyrotechnics or display fireworks, the municipal, provincial or territorial organization or office that has authority to authorize their use in a locality. (autorité locale)

  manufacturing

  manufacturing has the same meaning as in section 53. (fabriquer)

  product name

  product name means the trade name or part number of an explosive, or both in the case of an explosive that has both a trade name and a part number. (nom de produit)

  pyrotechnic event

  pyrotechnic event has the same meaning as in section 361. (activité pyrotechnique)

  small arms cartridge

  small arms cartridge has the same meaning as in subsection 268(1). (cartouches pour armes de petit calibre)

  special effect pyrotechnics

  special effect pyrotechnics has the same meaning as in section 361. (pièces pyrotechnique à effets spéciaux)

  storage unit

  storage unit means a building, structure, place or container in which Footnote ^*explosives are stored and that is not licensed. However, it does not include a dwelling or any structure, place or container in a dwelling. (unité de stockage)

  vendor magazine licence

  vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

  vulnerable place

  vulnerable place refers to

  • (a) any building in which people live, work or assemble;

  • (b) public roads, railways and other transportation infrastructure;

  • (c) pipelines and energy transmission lines; and

  • (d) any place where a substance that increases the likelihood of a fire or explosion is likely to be stored. (lieu vulnérable)

• Marginal note:Exception

  (4) The definition manufacturing in subsection (3) does not apply in Part 20.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Inspectors’ duties

7 Nothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act.

Marginal note:Electronic notice

8 Any document, other than a document referred to in subsection 173(3) or (4) or 183(3) or section 426 or subsection 498(1), and any information that is required by these Regulations to be in writing, may be delivered in hard copy or by electronic means.

PART 2General Requirements, Prohibitions and Safety Precautions

Marginal note:Overview

9 This Part sets out requirements, prohibitions and safety precautions that apply to every person who is carrying out an Footnote ^*activity involving an explosive or who is in the vicinity of Footnote ^*explosives.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Requirements

Marginal note:Age restriction

10 A person must be at least 18 years old to carry out an Footnote ^*activity involving an explosive. However, this requirement does not apply to a person who acquires Footnote ^*small arms cartridges for their own personal use. It also does not apply when these Regulations provide for an exception.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Requirement that explosives be authorized

11 A person may carry out an Footnote ^*activity involving an explosive only if the Footnote ^*explosive is authorized under Part 3.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Prohibitions

Marginal note:Prohibited explosives

12 The following Footnote ^*explosives are, in the opinion of the Minister, intrinsically unsafe and must not be acquired, possessed, used or sold:

• (a) trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); and

• (b) explosives containing chemicals that are not Footnote ^*compatible with one another.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Sale or transfer

13 A person must not sell or otherwise transfer an Footnote ^*explosive to another person if they have reasonable grounds to suspect that

• (a) the other person is not authorized by the Explosives Act or these Regulations to acquire the explosive;

• (b) the explosive will be used for a criminal purpose; or

• (c) the other person is under the influence of alcohol or another performance-diminishing substance.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Acquisition of restricted explosive

14 A person must not acquire an Footnote ^*explosive that the Chief Inspector of Explosives has authorized with restrictions unless

• (a) if the authorization is restricted to specified people or bodies or classes of people or bodies, they are a person or body or member of a class of people or bodies specified in the authorization;

• (b) if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; or

• (c) if the authorization is restricted to specified people or bodies or classes of people or bodies and to specified purposes, they are a person or body or member of a class of people or bodies specified in the authorization and intend to use the explosive for a purpose specified in the authorization.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Performance-diminishing substance

15 A person must not carry out an Footnote ^*activity involving an explosive if they are under the influence of alcohol or another performance-diminishing substance. A person who has taken a prescription drug may carry out such an activity if they have medical proof that they need the drug and that it will not impede their ability to safely carry out the activity.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Smoking

16 A person must not smoke while they are carrying out Footnote ^*an activity involving an explosive or if they are within 8 m of an Footnote ^*explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Alteration of markings

• 17 (1) A person must not alter, deface or obscure any printing or label on an Footnote ^*explosive or its packaging unless they are ordered to do so by an inspector to correct an error.

• Marginal note:Change of quantity

  (2) However, after removing an explosive from its packaging, a person may alter the printing or label on the packaging to reflect the remaining quantity.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:False information

18 A person must not include in a document required by these Regulations any information that is false or misleading. A person must not submit a document that, by reason of non-disclosure of facts, is false or misleading.

Safety Precautions

Marginal note:Knowledge of activity

19 A person who is carrying out an Footnote ^*activity involving an explosive must ensure that they, and any person under their supervision, have knowledge of the activity being carried out and of the measures that must be taken to minimize any likelihood of harm to people and property that could result from the activity, including measures to

• (a) prevent an accidental ignition;

• (b) limit the spread of any fire or the extent of any explosion; and

• (c) protect people from the effects of any fire or explosion.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Precautionary measures

20 A person who is carrying out an Footnote ^*activity involving an explosive must take measures that minimize the likelihood of harm to people or property that could result from the activity, including measures to

• (a) prevent an accidental ignition;

• (b) limit the spread of any fire or the extent of any explosion; and

• (c) protect people from the effects of any fire or explosion.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Limiting access to explosives

21 A person who is in control of an Footnote ^*explosive must ensure that only people authorized by them or by law have access to the explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Use of fireworks

22 A person may use fireworks only for the purpose for which they were designed.

PART 3Authorization and Classification of Explosives

Marginal note:Overview

23 This Part sets out Footnote ^*activities involving an explosive that may be carried out even if the Footnote ^*explosive is not authorized. It also sets out the procedure for obtaining authorization of an explosive and when permission is required to change an explosive that has been authorized. It deals as well with the classification and reclassification of explosives, their recall and the cancellation of an authorization.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Chief Inspector’s delegate

24 The duties and functions of the Chief Inspector of Explosives that are set out in sections 32 to 40 may be performed by an inspector designated by the Chief Inspector.

Authorization Not Required

Marginal note:Exemption from authorization

25 Despite section 11, the following Footnote ^*activities involving an explosive may be carried out even though the Footnote ^*explosives are not authorized:

• (a) the manufacture of up to 1 kg of explosives to be used in conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution;

• (b) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, demonstration, test or analysis by a government or law enforcement agency;

• (c) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, test or analysis at a private or commercial laboratory;

• (d) the manufacture of black powder charges for ceremonial use;

• (e) the manufacture of Footnote ^*small arms cartridges or black powder cartouches for personal use;

• (f) the assembly and use of special purpose pyrotechnics, as defined in section 361;

• (g) the sending of a sample of an explosive to the Chief Inspector of Explosives, at his or her request, for authorization testing;

• (h) the importation of an explosive, if the conditions set out in section 45 are met;

• (i) the exportation of an explosive, if the conditions set out in section 45 are met; and

• (j) the transportation in transit of an explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Application for Authorization

Marginal note:Period of authorization

• 26 (1) An Footnote ^*explosive may be authorized for an indefinite period or for a specified period.

• Marginal note:Indefinite period

  (2) An authorization for an indefinite period is issued if the explosive is intended to be used in ongoing or recurring activities. The authorization may be issued with restrictions.

• Marginal note:Specified period

  (3) An authorization for a specified period is issued if the explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Applicant

27 The following people may apply to have an Footnote ^*explosive authorized:

• (a) a person who proposes to manufacture the explosive;

• (b) a foreign manufacturer of the explosive; or

• (c) a person who has permission to apply from a manufacturer of the explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Application for indefinite period

28 An applicant for an authorization for an indefinite period 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 name, address, telephone number, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;

• (b) a short description of the explosive and its properties, as well as its Footnote ^*product name;

• (c) a description of the circumstances in which it will be used;

• (d) for an Footnote ^*explosive article, a technical drawing of the article, prepared to scale, that sets out its dimensions, its components and the materials of its construction;

• (e) the composition of the explosive and the percent tolerance or range of each of its ingredients;

• (f) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;

• (g) the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state;

• (h) the anticipated classification of the explosive under section 36;

• (i) in the case of an explosive to be Footnote ^*manufactured in Canada for the first time, a description of the manufacturing operations that will be used;

• (j) for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use;

• (k) a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale;

• (l) a description of the packaging or container in which the explosive will be transported and stored, and the safety standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992;

• (m) the information that will be printed on the explosive and its packaging;

• (n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; and

• (o) the period after the manufacture of the explosive during which it will remain suitable for use in the circumstances described in paragraph (c).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Application for specified period

29 An applicant for an authorization for a specified period, if the Footnote ^*explosive is for use other than at a special event, tour or international competition involving fireworks, 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 name, address, telephone number, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;

• (b) the period for which the authorization is requested;

• (c) a short description of the explosive and its properties, as well as its Footnote ^*product name;

• (d) a description of the circumstances in which it will be used;

• (e) the quantity of the explosive that will be used during the period;

• (f) every location where it will be used;

• (g) in the case of a product trial, the location where the explosive will be manufactured;

• (h) for an Footnote ^*explosive article, a technical drawing of the article prepared to scale that includes its dimensions, its components and the materials of its construction;

• (i) the composition of the explosive and the percent tolerance or range of each of its ingredients;

• (j) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;

• (k) for an explosive article, a description of its performance characteristics, the way in which it functions and instructions for its use;

• (l) a description of any packaging or container in which the explosive will be handled, used or displayed for sale;

• (m) a description of the packaging or container in which the explosive will be transported and stored and the safety standards with which the packaging or container must comply under the Transportation of Dangerous Goods Act, 1992;

• (n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen;

• (o) the delivery system, if the explosive is to be transported in bulk; and

• (p) the method to be used to destroy any of the explosive that is not used before the authorization expires.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Application for specified period — other activities

30 An applicant for an authorization for a specified period, if the Footnote ^*explosive is for use at a special event, tour or international competition involving fireworks, 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 name, address, telephone number, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;

• (b) a short description of the Footnote ^*explosive and its properties, as well as its Footnote ^*product name;

• (c) the transport classification issued by the country of origin;

• (d) the places and dates of the special event, tour or international competition at which the explosive will be used;

• (e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized;

• (f) the precautions that will be taken to minimize the likelihood of harm to people and property; and

• (g) the method to be used to destroy any of the explosive that is not used before the authorization expires.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Fees

31 The applicant for an authorization must pay the applicable fees set out in Part 19.

Authorization

Marginal note:Authorization for indefinite period

• 32 (1) The Chief Inspector of Explosives must authorize the use of an Footnote ^*explosive for an indefinite period if the Chief Inspector determines, on the basis of the results of one or more of the following tests, that the explosive can be safely Footnote ^*manufactured, handled, stored, transported, used and destroyed:

  • (a) a test listed in the table to this Part that is conducted on the explosive;

  • (b) a test listed in the table to this Part that is conducted on a similar explosive; or

  • (c) a test that was conducted on this or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that is equivalent to a test listed in the table to this Part.

• Marginal note:Authorization with restrictions

  (2) The authorization must be given with restrictions if the Chief Inspector determines, based on the type, hazard classification, UN number and the circumstances in which the explosive will be used, that it can safely be used only by a specific person, body or class of people or bodies, or for a specific purpose.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Authorization for specified period

33 The Chief Inspector of Explosives must authorize an Footnote ^*explosive for a specified period if the Chief Inspector determines, on the basis of the information in the application and the results of any sample testing, that the explosive can be safely Footnote ^*manufactured, handled, stored, transported, used and destroyed.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Sample required

• 34 (1) If a sample of an Footnote ^*explosive is required for a test listed in the table to this Part, the Chief Inspector of Explosives must notify the applicant, specify the quantity of the explosive required and indicate the address to which the sample may be sent.

• Marginal note:Sending sample

  (2) A person must not send a sample of an explosive for testing unless they have been requested to do so by the Chief Inspector.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Notice

• 35 (1) The Chief Inspector of Explosives must give the applicant written notice of whether the Footnote ^*explosive has been authorized.

• Marginal note:Reasons

  (2) If the explosive has not been authorized, the notice must include the reasons for the refusal to authorize.

• Marginal note:Classification and restrictions

  (3) If the explosive has been authorized, the notice must include the following information:

  • (a) the classification of the explosive;

  • (b) in the case of an authorization for an indefinite period, any restrictions respecting the people or bodies or classes of people or bodies that may use the explosive and any restrictions respecting the purposes for which it may be used;

  • (c) in the case of an authorization for a specified period, the period for which the explosive is authorized, the quantity authorized, the place of Footnote ^*manufacture and the place of use; and

  • (d) the date on which the explosive was authorized.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Classification of Explosives

Marginal note:Classification of authorized explosives

• 36 (1) The Chief Inspector of Explosives must classify each authorized Footnote ^*explosive by type, hazard category and UN number in accordance with this section.

• Marginal note:Type

  (2) Each authorized explosive is classified according to its intended use as one of the following types:

  • (a) E — high explosives:

    • (i) E.1 — blasting explosives,

    • (ii) E.2 — perforating explosives,

    • (iii) E.3 — special-application explosives;

  • (b) I — initiation systems;

  • (c) P — propellant powder:

    • (i) P.1 — black powder and hazard category PE 1 black powder substitutes,

    • (ii) P.2 — smokeless powder and hazard category PE 3 black powder substitutes;

  • (d) C — cartridges:

    • (i) C.1 — Footnote ^*small arms cartridges,

    • (ii) C.2 — blank cartridges for tools,

    • (iii) C.3 — percussion caps;

  • (e) D — military explosives and law enforcement explosives;

  • (f) F — fireworks:

    • (i) F.1 — consumer fireworks,

    • (ii) F.2 — display fireworks,

    • (iii) F.3 — special effect pyrotechnics,

    • (iv) F.4 — fireworks accessories;

  • (g) R — rocket motors:

    • (i) R.1 — model rocket motors,

    • (ii) R.2 — high-power rocket motors,

    • (iii) R.3 — rocket motor accessories; or

  • (h) S — special purpose explosives:

    • (i) S.1 — low-hazard special purpose explosives,

    • (ii) S.2 — high-hazard special purpose explosives.

• Marginal note:Hazard category

  (3) Each authorized explosive is also classified for the purposes of Footnote ^*manufacturing and storage into one or more of the following potential effects (PE) categories, if applicable. The classification is made according to hazard, determined on the basis of manufacturing operations, the quantity of explosive and how the explosive will be packaged:

  • (a) PE 1 — mass explosion hazard;

  • (b) PE 2 — serious projection hazard but not a mass explosion hazard;

  • (c) PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; or

  • (d) PE 4 — fire hazard or slight explosion hazard, or both, with only local effect.

• Marginal note:UN number

  (4) Each authorized explosive is assigned a UN number as set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations on the basis of its type, hazard category and the circumstances in which it will be used.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Authorized Explosives

Marginal note:Changes to authorized explosive

• 37 (1) A person who has obtained the authorization of an Footnote ^*explosive must obtain the written permission of the Chief Inspector of Explosives before changing the explosive in a way that would render any of the following information inaccurate:

  • (a) in the case of an authorization for an indefinite period, any information required under paragraphs 28(d) to (f) or (l) to (n); and

  • (b) in the case of an authorization for a specified period, any information required under paragraphs 29(h) to (j), (m) or (n).

• Marginal note:Permission given

  (2) The Chief Inspector of Explosives must give permission if the proposed change would not affect the performance or classification of the explosive. The Chief Inspector must notify the holder in writing when permission is given.

• Marginal note:Permission refused

  (3) If permission is refused, the Chief Inspector must notify the holder in writing that permission is refused and that a new application for authorization is required.

• Marginal note:Exception

  (4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if

  • (a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;

  • (b) the UN number assigned to the explosives by the competent authority of the country of origin has not changed; and

  • (c) the Chief Inspector of Explosives has received a written notice of any change to the explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Reclassification

• 38 (1) The Chief Inspector of Explosives must reclassify an authorized Footnote ^*explosive if periodic testing or new information reveals that its classification is no longer appropriate.

• Marginal note:Written notice

  (2) The Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Cancellation of authorization

39 The Chief Inspector of Explosives must cancel the authorization of an Footnote ^*explosive in any of the following circumstances:

• (a) the person who obtained the authorization has not paid the applicable fee within 30 days after the date of an invoice from the Department of Natural Resources;

• (b) periodic testing or new information reveals that the explosive can no longer be safely Footnote ^*manufactured, handled, stored, transported, used or destroyed;

• (c) the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed;

• (d) the person who obtained the authorization requests the cancellation; or

• (e) the manufacturer is no longer in business and the Chief Inspector has reasonable grounds to believe that the explosive is no longer in any person’s possession.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Recall

• 40 (1) If the authorization of an Footnote ^*explosive is cancelled because the explosive is no longer safe when Footnote ^*manufactured, handled, stored, transported, used or destroyed in the normal way, the Chief Inspector of Explosives must, by written notice, require any manufacturer, any importer and any seller of the explosive to recall any of the explosive that they have manufactured, imported or sold.

• Marginal note:Bad batch or lot

  (2) If a batch or lot of explosives cannot be safely handled, stored, transported, used or destroyed because of a manufacturing defect, the Chief Inspector of Explosives must, by written notice, require the manufacturer or importer and any seller of the batch or lot to recall it.

• Marginal note:Duties upon recall

  (3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a safe manner.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

List of Authorized Explosives

Marginal note:Contents of list

• 41 (1) The Minister must keep an up-to-date list of all Footnote ^*explosives that are authorized for an indefinite period. The list must set out the following information for each explosive:

  • (a) the name of the person who obtained the authorization;

  • (b) the Footnote ^*product name and classification of the explosive; and

  • (c) any restrictions imposed by the Chief Inspector of Explosives.

• Marginal note:Exception

  (2) However, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Removal from list

42 The Minister must remove from the list of authorized explosives any Footnote ^*explosive for which the authorization is cancelled.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

PART 4Importing and Exporting Explosives and Transporting Explosives in Transit

Marginal note:Overview

43 This Part sets out

• (a) the circumstances in which Footnote ^*explosives may be imported, exported or transported in transit without a permit;

• (b) the information that a person must include in an application for a permit to import or export explosives or transport them in transit; and

• (c) the requirements that permit holders must meet, including the information that permit holders must provide to the Chief Inspector of Explosives after explosives are imported, exported or transported in transit.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Definitions

• 44 (1) The following definitions apply in this Part.

  annual permit

  annual permit means a permit for multiple importations, exportations or transportations in transit during a one-year period. (permis annuel)

  secure storage site

  secure storage site means a site at which the Minister or a province has authorized storage of the type and quantity of explosive that is to be transported in transit. (lieu de stockage sûr)

  single use permit

  single use permit means a permit for a single importation, exportation or transportation in transit. (permis à utilisation unique)

• Marginal note:Explosive quantity

  (2) 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).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

No Permit Required

Marginal note:Import, export or transport in transit

45 A person may import, export or transport in transit an Footnote ^*explosive set out in the table to this section 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; and

• (c) in the case of Footnote ^*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.

  Item	Column 1	Column 2
  	Explosive	Quantity
  1	Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging)	6
  2	Avalanche airbag systems	3
  3	Small arms cartridges — imported or exported	5 000
  4	Small arms cartridges — transported in transit	50 000
  5	Percussion caps (primers) for small arms cartridges — imported or exported	5 000
  6	Percussion caps (primers) for small arms cartridges — transported in transit	50 000
  7	Empty primed small arms cartridge cases — imported or exported	5 000
  8	Empty primed small arms cartridge cases — transported in transit	50 000
  9	Black powder and hazard category PE 1 black powder substitutes	8 kg, in containers of 500 g or less
  10	Smokeless powder and hazard category PE 3 black powder substitutes	8 kg, in containers of 4 kg or less

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Import Permits

Application

Marginal note:Application

• 46 (1) An applicant for an import permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

  • (a) the applicant’s name, address, telephone number, fax number and email address;

  • (b) if the applicant has a customs broker, the broker’s name, address, telephone number, fax number and email address and the name of a contact person;

  • (c) the Footnote ^*product name and UN number of each Footnote ^*explosive to be imported;

  • (d) the quantity of each explosive to be imported or, if the application is for an annual permit, the estimated quantity of each explosive to be imported during the year;

  • (e) the purpose for which each explosive is imported (personal, industrial or commercial use, reloading, field trial or other testing, sale, consignment, Footnote ^*pyrotechnic event, fireworks display or other purpose);

  • (f) the name of the person who obtained the authorization of each explosive;

  • (g) the country of origin of each explosive;

  • (h) the location of the Canadian port of entry through which each explosive will pass;

  • (i) the address of the person to whom each explosive will be delivered and the location where it will be stored;

  • (j) in the case of an explosive to be stored in a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that will be stored there, the quantity of that explosive authorized by the licence to be stored;

  • (k) in the case of an explosive to be stored in a magazine owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine; and

  • (l) the date of the application.

• Marginal note:Fees for import permit

  (2) An applicant for an import permit must pay the applicable fees set out in Part 19.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Requirements To Be Met by Import Permit Holder

Marginal note:Quantity of explosives and packaging

• 47 (1) A holder of an import permit must ensure that the following requirements are met:

  • (a) the quantity of each Footnote ^*explosive to be imported must not exceed the quantity of the explosive that the holder is authorized by a factory licence, a magazine licence or these Regulations to store; and

  • (b) the packaging in which each explosive is imported must conform to the description of the packaging set out in the explosive’s authorization.

• Marginal note:Information on explosives

  (2) A holder of an import permit must ensure that the following information is displayed on each explosive to be imported:

  • (a) the name and address of the person who obtained the explosive’s authorization;

  • (b) either the date of its Footnote ^*manufacture and the shift during which it was manufactured, if any, or its lot number;

  • (c) its Footnote ^*product name; and

  • (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

• Marginal note:Manner of displaying information

  (3) A holder of an import permit must ensure that the information

  • (a) is legibly printed on the explosive;

  • (b) is legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);

  • (c) is contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraph (a) and (b); or

  • (d) is legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

• Marginal note:Exception

  (4) Paragraph 2(d) does not apply in the case of fireworks that are imported for use at a special event, tour or international competition if the instructions are printed in a language understood by the person who will use the fireworks.

• Marginal note:Information on packaging

  (5) A holder of an import permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be imported:

  • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

  • (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

  • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

  • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

• Marginal note:Printing deadline

  (6) A holder of an import permit must ensure that the information to be printed on an explosive and its packaging is printed on them before the explosive is distributed and in any case no later than 15 days after the date on which the explosive is released under section 31 of the Customs Act.

• Marginal note:Report

  (7) A holder of an import permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

  • (a) the holder’s name, address, telephone number, fax number and email address;

  • (b) the holder’s permit number and its expiry date;

  • (c) the product name and UN number of each explosive that was imported and the name of the person who obtained its authorization;

  • (d) the quantity and UN number of each type of explosive;

  • (e) the country of origin of each explosive;

  • (f) the means of transport used;

  • (g) the location of the Canadian port of entry through which each explosive passed; and

  • (h) the date of the report and the name of the person who completed the report.

• Marginal note:Deadline — annual permit

  (8) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were imported during the year for which the permit was valid.

• Marginal note:Deadline — single use permit

  (9) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were imported.

• Marginal note:Exception

  (10) Subsections (7) to (9) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Export Permit

Application

Marginal note:Application

48 An applicant for an export permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

• (a) the applicant’s name, address, telephone number, fax number and email address;

• (b) if the applicant has a freight forwarder, their name, address, telephone number, fax number and email address and the name of a contact person;

• (c) the Footnote ^*product name and UN number of each Footnote ^*explosive to be exported;

• (d) the quantity of each explosive to be exported or, if the application is for an annual permit, the estimated quantity of each explosive to be exported during the year;

• (e) the name of the person who obtained the authorization of each explosive;

• (f) the country of origin of each explosive;

• (g) the location of the Canadian port of exit through which each explosive will pass;

• (h) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;

• (i) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;

• (j) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and

• (k) the date of the application.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Requirements To Be Met by Export Permit Holder

Marginal note:Information on packaging

• 49 (1) A holder of an export permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each Footnote ^*explosive to be exported:

  • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

  • (b) the Footnote ^*product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

• Marginal note:Report

  (2) A holder of an export permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

  • (a) the holder’s name, address, telephone number, fax number and email address;

  • (b) the holder’s permit number and its expiry date;

  • (c) the product name and UN number of each explosive that was exported and the name of the person who obtained its authorization;

  • (d) the quantity and UN number of each type of explosive that was exported;

  • (e) the country of origin of each explosive;

  • (f) the means of transport used;

  • (g) the location of the Canadian port of exit through which each explosive passed; and

  • (h) the date of the report and the name of the person who completed the report.

• Marginal note:Deadline — annual permit

  (3) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were exported during the year for which the permit was valid.

• Marginal note:Deadline — single use permit

  (4) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were exported.

• Marginal note:Exception

  (5) Subsections (2) to (4) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

In Transit Permits

Application

Marginal note:Application

50 An applicant for an in transit permit must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a single use permit or an annual permit is requested and include the following information:

• (a) the applicant’s name, address, telephone number, fax number and email address;

• (b) if the applicant has a freight forwarder, their address, telephone number, fax number and email address and the name of a contact person;

• (c) the Footnote ^*product name and UN number of each Footnote ^*explosive to be transported in transit;

• (d) if an explosive to be transported is not on the list of authorized explosives referred to in subsection 41(1), the name or product name of the explosive, a description of the explosive and its UN number;

• (e) the quantity of each explosive to be transported or, if the application is for an annual permit, the estimated quantity of each explosive to be transported during the year;

• (f) the name of the manufacturer of each explosive;

• (g) the country of origin of each explosive;

• (h) the anticipated dates of entry into and departure from Canada;

• (i) the location of the Canadian port of entry and port of exit through which each explosive will pass;

• (j) the location in Canada of secure storage sites that may be used if the transportation is interrupted and, if any of the sites is a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that might be stored there, the quantity of that explosive that is authorized by the licence to be stored;

• (k) if any of the secure storage sites is a magazine that is owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine if an interruption in transportation occurs;

• (l) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;

• (m) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;

• (n) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and

• (o) the date of the application.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Requirements To Be Met by In Transit Permit Holder

Marginal note:Information on packaging

• 51 (1) A holder of an in transit permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each Footnote ^*explosive to be transported in transit:

  • (a) the name or Footnote ^*product name of the explosive;

  • (b) a description of the explosive;

  • (c) the UN number of the explosive; and

  • (d) the quantity to be transported.

• Marginal note:Interruption of in transit transportation

  (2) If anything interrupts an in transit transportation of explosives and, as a consequence, the explosives need to be stored, the holder of the in transit permit must ensure that they are stored in a licensed magazine, Footnote ^*storage unit or dwelling in accordance with these Regulations or at a secure storage site.

• Marginal note:Report

  (3) A holder of an in transit permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

  • (a) the permit holder’s name, address, telephone number, fax number and email address;

  • (b) the holder’s permit number and its expiry date;

  • (c) the name or product name, the UN number and a description of each explosive that was transported in transit; and

  • (d) the quantity and UN number of each type of explosive that was transported in transit;

  • (e) the country of origin of each explosive;

  • (f) the means of transport used;

  • (g) the location of the Canadian port of entry and port of exit through which each explosive passed; and

  • (h) the date of the report and the name of the person who completed the report.

• Marginal note:Deadline — annual permit

  (4) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were transported in transit during the year for which the permit was valid.

• Marginal note:Deadline — single use permit

  (5) A holder of a single use permit must submit the report within 30 days after the date on which the explosives entered Canada.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

PART 5Manufacturing Explosives

Marginal note:Overview

• 52 (1) This Part sets out the rules for manufacturing Footnote ^*explosives. However, it does not apply to the manufacture of Footnote ^*small arms cartridges or black powder cartouches for personal use or to repackaging under a vendor magazine licence.

• Marginal note:Division 1

  (2) Division 1 (sections 55 to 105) sets out how to obtain a division 1 factory licence or a satellite site certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the factory or satellite site.

• Marginal note:Division 2

  (3) Division 2 (sections 106 to 132) sets out how to obtain a division 2 factory licence or a manufacturing certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the workplace.

• Marginal note:Division 3

  (4) Division 3 (sections 133 to 142) sets out the manufacturing activities that do not require a factory licence or manufacturing certificate and the requirements for people who carry out those activities.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Definition of manufacturing

53 In this Part, manufacturing includes the following activities:

• (a) making or manufacturing an Footnote ^*explosive substance from raw material or from another explosive substance;

• (b) making or manufacturing an Footnote ^*explosive article, including the assembly of an article from explosive and non-explosive components;

• (c) altering or remaking an explosive substance or explosive article by modifying its chemical composition (for example, by gassing or blending) or by subjecting it to physical processes with the input of energy (for example, pneumatic handling, pumping, shearing or thickening);

• (d) dividing an Footnote ^*explosive into its components or unmaking, breaking up or in any manner destroying it;

• (e) packaging explosives; and

• (f) testing an unauthorized explosive or testing an explosive to assess its potential for a use other than its authorized use.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Explosive quantity

54 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).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

DIVISION 1Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate

Interpretation

Marginal note:Definitions — sites and authorizations

55 The following definitions relating to sites and authorizations apply in this Division.

client site

client site means a blast site at which a mobile process unit is used to manufacture Footnote ^*explosives away from a factory or satellite site. (site client)

division 1 factory licence

division 1 factory licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the manufacture of explosives at a factory. (licence de fabrique de la section 1)

satellite site

satellite site means a site that is located away from a factory and at which explosives that are intended for use at a client site are manufactured and temporarily stored. (site satellite)

satellite site certificate

satellite site certificate means a manufacturing certificate that is issued to the holder of a division 1 factory licence under paragraph 7(1)(c) of the Explosives Act and authorizes the manufacture of explosives at a satellite site. (certificat de site satellite)

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Definitions — facilities

56 The following definitions relating to facilities and equipment at factories, satellite sites or client sites apply in this Division.

factory magazine

factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique)

mobile process unit

mobile process unit means a vehicle or portable machine that is used at a factory, satellite site or client site to carry out an explosives manufacturing operation. (unité de fabrication mobile)

process unit

process unit means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory. (unité de fabrication)

raw material storage facility

raw material storage facility means a facility where non-explosive raw material and packaging material are stored at a factory or satellite site. (installation de stockage de matières premières)

transport unit

transport unit means a vehicle or container in which Footnote ^*explosives or raw material are conveyed from one place to another at a factory or satellite site without using a public road. It includes a tow motor, forklift, wagon, handcart and basket, but does not include a conveyor or pipeline. (unité de transport)

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Definitions — people

57 The following definitions relating to people at factories, satellite sites or client sites apply in this Division.

competent person

competent person means a person who has been certified as trained in accordance with section 83.  (personne compétente)

worker

worker means a person who is at a factory or satellite site 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 1 factory licence.  (travailleur)

SUBDIVISION aAuthorized Activities

Marginal note:Manufacture of explosives

• 58 (1) A holder of a division 1 factory licence may manufacture Footnote ^*explosives if the holder complies with this section.

• Marginal note:Type of explosive

  (2) Each explosive to be manufactured must be specified in the division 1 factory licence or a satellite site certificate.

• Marginal note:Place of manufacture

  (3) Explosives must be manufactured at one of the following locations:

  • (a) the factory specified in the division 1 factory licence;

  • (b) a satellite site specified in a satellite site certificate; or

  • (c) a client site specified in the licence or a certificate.

• Marginal note:Manufacturing operations and work

  (4) A manufacturing operation may be carried out in a process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Acquisition, storage and sale of explosives

• 59 (1) A holder of a division 1 factory licence may acquire and store Footnote ^*explosives and may sell explosives without a vendor magazine licence.

• Marginal note:Compliance with Parts 10 to 18

  (2) A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

SUBDIVISION bApplication

Marginal note:Information

• 60 (1) An applicant for a division 1 factory licence or a satellite site certificate must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a licence or a certificate is requested and must include the following information:

  • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

  • (b) each type of Footnote ^*explosive to be manufactured;

  • (c) if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end;

  • (d) the address of the factory or satellite site; and

  • (e) the name, address, telephone number, fax number and email address of a contact person at the factory or satellite site.

• Marginal note:Plans and sketches

  (2) The application must include the following documents:

  • (a) a factory site and area plan or a satellite site and area plan that shows

    • (i) the topography of the site,

    • (ii) the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility,

    • (iii) the location of any other building or structure, and

    • (iv) the distance in metres between each process unit, factory magazine, raw material storage facility, building and structure;

    • (v) the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site,

    • (vi) each Footnote ^*vulnerable place within that area, and

    • (vii) the distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility;

  • (b) layout sketches, diagrams or drawings that show

    • (i) the workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility,

    • (ii) the equipment to be used in each process unit, including piping and instrumentation diagrams and equipment layout drawings, and

    • (iii) the manufacturing operations to be carried out, including process flow sheets or process schematic drawings.

• Marginal note:Site description

  (3) The application must include the following information about the factory or satellite site:

  • (a) its geographical coordinates;

  • (b) the size of, and construction materials used for, each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning;

  • (c) a description of all site and building security features (for example, fencing, barriers and warning signs);

  • (d) a description of the principal manufacturing equipment to be used and its safety features;

  • (e) a description of each mobile process unit to be used;

  • (f) a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; and

  • (g) a description of any safety features at the site to be put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout panels, means of blast containment, barriers, alarms or pressure relief and control systems).

• Marginal note:Client site

  (4) If the manufacture of explosives is to be carried out at a client site, the application must include the following information:

  • (a) the name, address, telephone number, fax number and email address of a contact person at the client site;

  • (b) a description of the client site;

  • (c) the distance in kilometres between the factory and the client site; and

  • (d) the distance in kilometres between any satellite site and the client site.

• Marginal note:Explosives description

  (5) The application must include a description that sets out,

  • (a) for each explosive to be manufactured at the factory, a satellite site or a client site,

    • (i) its Footnote ^*product name and its UN proper shipping name,

    • (ii) the date on which the explosive was authorized or its authorization file number,

    • (iii) its UN number, and

    • (iv) its hazard category; and

  • (b) for each explosive to be stored at the factory or a satellite site,

    • (i) its UN proper shipping name,

    • (ii) its UN number, and

    • (iii) its hazard category.

• Marginal note:Manufacturing operations description

  (6) The application must include the following information about manufacturing operations:

  • (a) a description of the operations to be carried out in each process unit and factory magazine;

  • (b) a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure;

  • (c) the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive;

  • (d) the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time;

  • (e) the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; and

  • (f) the minimum distance in metres that must be maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

• Marginal note:Security plan

  (7) If type E, I or D explosives are to be manufactured or stored, the application must include a security plan that includes the following information:

  • (a) an assessment of the security risks resulting from the presence of the explosives at the factory, satellite site or client site;

  • (b) a description of the measures that will be taken to minimize those risks;

  • (c) a description of the procedures that will be followed to respond to security incidents; and

  • (d) a description of the procedures that will be followed to report security incidents.

• Marginal note:List of documents

  (8) The application must include a list of the following documents, along with the dates on which they were made and the dates of any amendments:

  • (a) any environmental assessment of the factory, satellite site or client site or of the operations to be carried out there;

  • (b) the documents that set out the rules, procedures and protocols designed to ensure compliance with the Explosives Act, these Regulations and the licence, including

    • (i) operating procedures,

    • (ii) maintenance procedures,

    • (iii) training manuals,

    • (iv) emergency response plans, and

    • (v) spill contingency plans;

  • (c) if manufacturing operations are to be carried out in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry;

  • (d) if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; and

  • (e) if explosives are to be destroyed, a document that sets out the method of destruction to be used.

• Marginal note:Identifier

  (9) Every process unit, factory magazine, raw material storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application.

• Marginal note:Scale drawing

  (10) Every drawing, sketch or plan must be drawn to scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Fees

61 An applicant for a division 1 factory licence or a satellite site certificate must pay the applicable fees set out in Part 19.

SUBDIVISION cRequirements for Holders of Division 1 Factory Licences

Facilities at Factories and Satellite Sites

Marginal note:Responsibilities of licence holder

62 A holder of a division 1 factory licence must ensure that the requirements relating to process units, factory magazines, raw material storage facilities and transport units set out in sections 63 to 68 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Acceptable distance requirement

• 63 (1) Every process unit, factory magazine and raw material storage facility must be located at an acceptable distance from surrounding structures and infrastructure and from places where people are likely to be present.

• Marginal note:Criteria — acceptable distance

  (2) Acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of Footnote ^*explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.

• Marginal note:Structural requirements

  (3) Every process unit, factory magazine and transport unit must be designed, constructed and installed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be Footnote ^*compatible with the explosives to be manufactured, stored or transported and with the raw material to be used.

• Marginal note:Factory magazines

  (4) Every factory magazine must also be constructed so that it is well ventilated and resistant to theft, weather and fire.

• Marginal note:Raw material storage facilities

  (5) Every raw material storage facility must be designed, constructed and installed to conform to good engineering practices. The construction materials must be compatible with the raw material to be stored in the facility.

• Marginal note:Means of escape

  (6) Every process unit, factory magazine, raw material storage facility and transport unit must have a means of escape that will permit all people in the unit, magazine or facility to leave it quickly and easily in an emergency.

• Marginal note:Lighting, electrical fixtures and wiring systems

  (7) The lighting, electrical fixtures and wiring systems that are used in a process unit, factory magazine, raw material storage facility or transport unit must not increase the likelihood of an accidental ignition.

• Marginal note:Electrostatic hazard

  (8) Precautions that eliminate any possibility of an accidental ignition of electrostatic sensitive material (for example, grounding and control of humidity) must be taken in every process unit, factory magazine, raw material storage facility and transport unit.

• Marginal note:Protection against lightning strikes

  (9) Every process unit or building in which a process unit is located must be protected from lightning strikes if it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Equipment

• 64 (1) All tools, accessories and equipment that are in a process unit, factory magazine, raw material storage facility or transport unit must be designed, constructed and installed to conform to good engineering practices.

• Marginal note:Compatibility

  (2) Every thing that is in a process unit, factory magazine, raw material storage facility or transport unit must be made from materials that are Footnote ^*compatible with the Footnote ^*explosives and raw material in the unit, magazine or facility.

• Marginal note:Incompatible things

  (3) However, a thing that is not compatible with an explosive or raw material in a process unit, factory magazine or raw material storage facility but is required for manufacturing or maintenance (such as a cleaning fluid or solvent) may be brought into the unit, magazine or facility for immediate use. It must be removed as soon as the circumstances permit after its use unless the division 1 factory licence or satellite site certificate authorizes its storage in the unit, magazine or facility.

• Marginal note:Control of safety-critical parameters

  (4) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

• Marginal note:Motorized transport units

  (5) A motorized transport unit that contains explosives must be equipped with two easily accessible fire extinguishers, each with a rating of at least 4-A :40-B:C.

• Marginal note:Open-flame device

  (6) An open-flame device, an open-element electrical appliance or a device (for example, a heat sealer) with a surface temperature above the decomposition temperature of the explosives or raw material with which it may come in contact must not be stored in a process unit unless the division 1 factory licence or satellite site certificate authorizes one to be stored in the unit.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Containers

• 65 (1) All raw material, Footnote ^*explosive substances and Footnote ^*explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

• Marginal note:Spills

  (2) Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit so as to eliminate any possibility of an ignition.

• Marginal note:Foreign matter

  (3) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

• Marginal note:Removal of explosives from process unit

  (4) All explosives and raw material must be removed from a process unit as soon as the circumstances permit after manufacturing operations are completed, unless the division 1 factory licence or satellite site certificate authorizes storage of the explosives or raw material in the unit.

• Marginal note:Removal of explosives from transport unit

  (5) All explosives and raw material must be removed from a transport unit as soon as the circumstances permit after their transport is completed. A transport unit that contains explosives must be Footnote ^*attended in person. However, it may be left unattended during a thunderstorm.

• Marginal note:Destruction of waste and contaminated material

  (6) 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:Decontamination

  (7) Any building or equipment that is no longer being used to manufacture explosives must be Footnote ^*decontaminated as soon as the circumstances permit. The building or equipment must be inspected by a supervisor to verify that it no longer contains any explosives.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Process unit records

• 66 (1) A record must be made for each period during which a 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) for each unit,

    • (i) the dates on which the period of its operation began and ended,

    • (ii) a short description of the Footnote ^*explosives, and the properties of the explosives, manufactured during the period,

    • (iii) the quantity of explosives manufactured, and

    • (iv) the maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the worker who did the work; and

  • (b) for any equipment in the unit whose malfunction could increase the likelihood of an ignition,

    • (i) the dates on which the period of its operation began and ended,

    • (ii) the manufacturing operations for which the equipment was used, and

    • (iii) the maintenance of and repairs to the equipment, 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 Footnote ^*decontamination of equipment that was used in a 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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Thunderstorms

• 67 (1) On the approach of and during a thunderstorm, the following procedures must be followed:

  • (a) all manufacturing operations in a process unit that can be safely shut down must be shut down;

  • (b) all entrances to any factory magazine containing Footnote ^*explosives must be closed;

  • (c) any transport unit containing explosives must be immediately moved to an isolated safe place; and

  • (d) all people at the factory or satellite site must be immediately moved to a safe place and, until the storm passes, must not be permitted to return.

• Marginal note:Process units

  (2) However, any manufacturing operation in a process unit that could, if stopped, increase the likelihood of harm to people or property may be carried on during a thunderstorm until the operation can be safely shut down.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Maintenance

• 68 (1) Every process unit, factory magazine and transport unit and all equipment that is used to manufacture Footnote ^*explosives must be maintained in good operating condition.

• Marginal note:Servicing during use

  (2) Minor servicing of a process unit, factory magazine or transport unit, or of equipment that is used to manufacture explosives, may be done while the unit, magazine or equipment is in use if the following requirements are met:

  • (a) the servicing is routine and is integral to the use of the unit, magazine or equipment; and

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

• Marginal note:Work permit

  (3) All other maintenance or repair work that is done at the factory or a satellite site in or to a process unit, factory magazine, transport unit or equipment that is used to manufacture explosives must be done 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) If any transport unit or equipment at the factory or a satellite site is contaminated, it must be Footnote ^*decontaminated at the factory before it is taken outside the factory for maintenance, repair or disposal.

• Marginal note:Work done outside factory or satellite site

  (6) If maintenance or repair work is done outside the factory or a satellite site on manufacturing equipment 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:Logbook and work permits

  (7) A logbook of all maintenance and repair work done in or to every process unit, factory magazine and transport unit, and to any manufacturing equipment 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 this maintenance and repair work must also be kept for two years after the date on which the work is completed.

• Marginal note:Progressive cavity pump logbook

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

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Signs

Marginal note:Responsibilities of licence holder

69 A holder of a division 1 factory licence must ensure that the signage requirements set out in sections 70 to 72 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Signs

70 A sign that warns against unauthorized entry must be posted at each entrance to a factory or satellite site in a clearly visible location. The sign must also warn of danger from Footnote ^*explosives and indicate the precautions that must be taken to eliminate the possibility of an accidental ignition.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Exterior signs — process units and factory magazines

• 71 (1) On the outside of each process unit and factory magazine, a sign that sets out either the number, letter or distinctive name specified in the division 1 factory licence or satellite site certificate for that unit or magazine or the activities for which the unit or magazine is used, must be posted at each entrance in a clearly visible location.

• Marginal note:Interior signs — process units and factory magazines

  (2) On the inside of each process unit and factory magazine, a sign that sets out the following information must be posted at the main entrance in a clearly visible location:

  • (a) the quantity of each type of Footnote ^*explosive and the quantity of raw material that are authorized to be in the unit or magazine at any one time;

  • (b) the number of people who are authorized to be in the unit or magazine at any one time; and

  • (c) any other conditions or restrictions specified in the licence or certificate that apply to the unit or magazine.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Interior signs — raw material storage facilities

72 On the inside of each raw material storage facility, a sign that sets out the raw material, and the properties of the raw material, that is authorized to be stored in the facility, and the quantity of raw material that is authorized to be stored at any one time, must be posted at the main entrance in a clearly visible location. The sign must also indicate the precautions that must be taken to eliminate the possibility of an ignition of the raw materials.

Labelling

Marginal note:Responsibilities of licence holder

73 A holder of a division 1 factory licence must ensure that the labelling requirements set out in section 74 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Information on explosives

• 74 (1) The following information must be displayed on each Footnote ^*explosive that is manufactured at the factory or satellite site:

  • (a) the name and address of the person who obtained the explosive’s authorization;

  • (b) either the date of its Footnote ^*manufacture and the shift during which it was manufactured, if any, or its lot number;

  • (c) its Footnote ^*product name; and

  • (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

• Marginal note:Manner of displaying information

  (2) The information must be

  • (a) legibly printed on the explosive;

  • (b) legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a);

  • (c) contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraphs (a) and (b); or

  • (d) legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

• Marginal note:Information on packaging

  (3) The following information must be legibly printed on the packaging, or on a label affixed to the packaging, of the explosive:

  • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging;

  • (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

  • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

  • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

• Marginal note:Information on industrial explosives

  (4) The manufacturer’s division 1 factory licence number must be printed in a legible and permanent manner on the outer packaging of every industrial explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Safety of Workers and Visitors

Marginal note:Responsibilities of licence holder

75 A holder of a division 1 factory licence must ensure that the worker and visitor safety requirements set out in sections 76 to 79 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Access

• 76 (1) Only people authorized by the holder of a division 1 factory licence may have access to the factory or a satellite site.

• Marginal note:Orientation sessions

  (2) A visitor may be authorized to enter the factory or a satellite site only if they have attended an orientation session on visitor safety within the 12 months before the date on which they enter. If any of the safety procedures have changed since their last orientation session, they must attend a new session before their entry is authorized.

• Marginal note:Visitors — general public

  (3) A visitor may be authorized to enter any part of the factory or a satellite site if they are at least 17 years old and remain under the supervision of a competent person.

Marginal note:Lists of personal protective equipment

• 77 (1) Up-to-date lists of the personal protective equipment, clothing and devices that are needed to protect workers and visitors from the hazards to which they could be exposed while at the factory or a satellite site must be maintained and must be made available to all workers and visitors.

• Marginal note:Personal protective equipment

  (2) Every worker and visitor must be required to wear the personal protective equipment, clothing and devices that are needed to protect them.

• Marginal note:Hair, clothing and accessories

  (3) Every worker and visitor must be required to confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery 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

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

Marginal note:Performance-diminishing substance

78 A worker or visitor must not be authorized to enter the factory or a satellite site if there are reasonable grounds to believe that they are under the influence of or carrying alcohol or another performance-diminishing substance. However, a worker or visitor who has taken a prescription drug may be permitted to enter if they have medical proof that the drug is needed and that it will not impede their ability to carry out their functions or to visit safely.

Marginal note:No smoking

• 79 (1) Smoking must be prohibited at the factory and any satellite site.

• Marginal note:No fire-producing devices

  (2) Fire-producing devices (for example, matches and lighters) must not be permitted in the factory or any satellite site unless they are authorized by the division 1 factory licence or satellite site certificate.

Training

Marginal note:Responsibilities of licence holder

80 A holder of a division 1 factory licence must ensure that the training requirements for workers set out in sections 81 to 84 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Employees’ qualifications

81 Every employee at a factory or satellite site must be required to meet the following requirements:

• (a) they must be a competent person; or

• (b) they must be at least 17 years old, participating in the training program referred to in section 82 and under the direct supervision of a competent person.

Marginal note:Training program

• 82 (1) Every employee must be trained to carry out their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person.

• Marginal note:Contents of training

  (2) The training must include all information necessary to ensure the security of the factory or satellite site and the safety of the employee, other people at the factory or site and the general public. It must also include a review of the Explosives Act, these Regulations and the division 1 factory licence or satellite site certificate.

Marginal note:Certification

• 83 (1) A holder of a division 1 factory licence must certify as trained any employee who is at least 18 years old if

  • (a) the employee has completed the training referred to in section 82; or

  • (b) the holder has reasonable grounds to believe that the employee understands the hazards to which they could be exposed at the factory or satellite site and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the site.

• Marginal note:Form and contents

  (2) Evidence of an employee’s certification may be either a training record or a document signed by the person who provided the training or, in the case provided for in paragraph (1)(b), by the holder of the division 1 factory licence. It must be given to the employee and record the employee’s name, the operating procedures the employee is competent to carry out and the date on which the certification will expire.

• Marginal note:Expiry

  (3) An employee’s training certification must expire not more than five years after the date of the certification. If a change occurs in the operating procedures for which the employee was certified, the employee must be trained in the new operating procedures but the expiry date of the certification must remain the same.

• Marginal note:Records

  (4) A training record and a record of work experience must be made and kept up to date for each employee at the factory or satellite site where they perform their duties. These records must be kept for two years after the date on which the employee’s certification expires.

Marginal note:Training and supervision

84 Every worker at a factory or satellite site who is not an employee must

• (a) be trained to carry out their work in a manner that is safe and lawful and ensures the security of the factory or satellite site; and

• (b) remain under the supervision of a competent person while at the factory or satellite site, unless the holder of the division 1 factory licence has reasonable grounds to believe that the worker understands the hazards to which the worker 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.

Operation of the Factory or Satellite Site

Marginal note:Responsibilities of licence holder

85 A holder of a division 1 factory licence must ensure that the operational requirements set out in sections 86 to 91 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Operating procedures

• 86 (1) Operating procedures, including procedures to minimize the likelihood of an accidental ignition, must be put in place for every manufacturing operation.

• Marginal note:Update of procedures

  (2) The operating procedures must be kept up to date and reviewed annually. If a manufacturing operation is to be changed, the procedures for carrying out that operation must be reviewed and modified as needed before the change is implemented.

Marginal note:Management of change

• 87 (1) Before any temporary or permanent technological or organizational change to manufacturing operations is implemented, an evaluation of the risk that the change could increase the likelihood of an ignition or a security incident must be carried out and a management of change procedure must be put in place for each change that could increase the likelihood of an ignition or a security incident.

• Marginal note:Approval of change

  (2) Each change must be approved by the holder of the division 1 factory licence before it is made.

• Marginal note:Record

  (3) A record of each change must be kept for two years after the date on which the change is made.

Marginal note:Security plan

• 88 (1) If a security plan was included in the application for a division 1 factory licence or a satellite site certificate, it must be implemented and a copy of the plan must be kept at the factory or satellite site.

• Marginal note:Change of circumstance

  (2) The security plan must be updated to reflect any change in circumstances that could adversely affect the security of the factory or satellite site. A copy of the updated plan must be kept at the factory and satellite site and another copy must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.

• Marginal note:Copy

  (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Marginal note:Audits

• 89 (1) All operating procedures must be routinely audited. Every audit must include the following verifications:

  • (a) whether facilities and equipment are being operated and maintained in a manner that ensures the security of the factory or satellite site and minimizes the likelihood of harm to people and property; and

  • (b) whether these Regulations and the terms and conditions of the division 1 factory licence and any satellite site certificate are being complied with.

• Marginal note:Corrections

  (2) Any deficiency found during an audit must be corrected as soon as the circumstances permit.

• Marginal note:Record

  (3) A record of each audit must be made and the record must include a copy of the action plan to correct any deficiencies found and set out the corrections made. It must be kept for two years after the date on which the audit is conducted.

• Marginal note:Audit procedure

  (4) A procedure must be put in place to ensure that the audits are conducted in a complete and timely manner.

Marginal note:Records

• 90 (1) A record of each Footnote ^*explosive in the factory or at a satellite site (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,

  • (a) the Footnote ^*product name and a short description of the explosive and its properties;

  • (b) if the explosive was received, the quantity received and the date of reception;

  • (c) if the explosive was used to manufacture another explosive, the quantity used and the date of use;

  • (d) if the explosive was manufactured at the factory or a satellite site, the quantity manufactured and the date of manufacture;

  • (e) if the explosive was stored, the quantity stored, the magazine in which it was stored and the dates on which it was placed in and removed from the magazine;

  • (f) if the explosive was shipped from the factory or a satellite site, the quantity shipped, the date of shipment and the name and address of the person to whom it was shipped; and

  • (g) if the explosive was destroyed at the factory, the quantity destroyed and the date of destruction.

• Marginal note:Inventory control systems

  (2) Any system used for inventory control or tracking of an explosive must not increase the likelihood of an ignition.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Copy — licence and certificates

• 91 (1) A copy of the division 1 factory licence and all documents referred to in the licence must be kept at the factory. A copy of the satellite site certificate and all documents referred to in the certificate must be kept at each satellite site.

• Marginal note:Copy — this Division

  (2) A copy of this Division must be made available to workers at the factory and each satellite site.

• Marginal note:Copy — operating procedures

  (3) A copy of the operating procedures for each process unit, factory magazine and transport unit must be kept in the unit or magazine to which they relate and must be made available to the workers.

Mobile Process Units

Marginal note:Responsibilities of licence holder

92 A holder of a division 1 factory licence must ensure that the mobile process unit requirements set out in sections 93 to 100 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Structural requirements

• 93 (1) Every mobile process unit must be designed and constructed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of Footnote ^*explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be Footnote ^*compatible with the explosives to be manufactured and transported and with the raw material to be used.

• Marginal note:Means of escape

  (2) Every mobile process unit must have a means of escape that will permit all people in the unit to leave it quickly and easily in an emergency.

• Marginal note:Equipment

  (3) All tools, equipment, hoses and hydraulic systems in or on a mobile process unit must be designed, constructed and installed to conform to good engineering practices.

• Marginal note:Compatibility

  (4) Every thing that is in or on a mobile process unit must be made from materials that are compatible with the explosives and raw material with which they could come into contact during manufacturing operations.

• Marginal note:Control of safety-critical parameters

  (5) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Foreign matter

• 94 (1) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or Footnote ^*explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

• Marginal note:Loading and unloading

  (2) Explosives and raw material must not be loaded into or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown, unloading may be carried out at the location of the breakdown if the Minister is notified of the breakdown and determines that precautions that minimize the likelihood of ignition have been taken.

• Marginal note:Loaded units to be attended

  (3) A mobile process unit that contains explosives must be Footnote ^*attended in person except when it is at the factory or a satellite site.

• Marginal note:Storage — contaminated units

  (4) A mobile process unit that has not been Footnote ^*decontaminated must be kept at the location specified in the licence or certificate.

• Marginal note:Tanks and hoppers

  (5) The explosives and raw material in the tanks and hoppers on a mobile process unit must be unloaded if the unit will not be used for three consecutive days. However, the fuel oil tank and prill hopper do not have to be unloaded.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*explosives manufactured during the period and of their properties;

  • (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 Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*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:Logbook and work permits

  (9) A logbook 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 logbook and permits must be kept at the factory.

• Marginal note:Progressive cavity pump logbook

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

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Use at client site

• 99 (1) A mobile process unit may be used to Footnote ^*manufacture Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 17 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 Footnote ^*explosives, including their storage, is carried out. (lieu de travail)

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*small arms cartridges for sale, and the storage of up to 225 kg of Footnote ^*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;

  • (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 Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Acquisition

• 108 (1) A holder of a manufacturing certificate may acquire an Footnote ^*explosive if it is specified in the certificate and will be used to manufacture another explosive whose manufacture is authorized by the certificate.

• Marginal note:Storage

  (2) A holder of a division 2 factory licence or manufacturing certificate that authorizes the storage of an explosive must comply with the terms and conditions of the licence or certificate. The holder must also comply with the provisions that apply to storage in Parts 10 to 18. However, they are not required to comply with those provisions if the explosive is stored at the workplace.

• Marginal note:Sale

  (3) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of an explosive for sale may sell that explosive. The holder must comply with the terms and conditions of the licence or certificate and with the provisions that apply to sale in Parts 10 to 18.

• Marginal note:Use

  (4) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of fireworks must comply with the provisions that apply to the use of fireworks in Parts 16 to 18.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

SUBDIVISION bApplication

Marginal note:Application for licence or certificate

• 109 (1) An applicant for a division 2 factory licence or a manufacturing certificate must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether the application is for a licence or a certificate and must include the following information:

  • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

  • (b) the type of Footnote ^*explosive, and the quantity, to be manufactured or stored;

  • (c) if the application is for a certificate, the period for which the certificate is requested;

  • (d) a description of the workplace, all equipment in the workplace that is related to the manufacture of explosives and all protective barriers in the workplace;

  • (e) a description of all equipment in the workplace that is not related to the manufacture of explosives, but could increase the likelihood of an ignition; and

  • (f) the number of people authorized in the workplace when explosives are present.

• Marginal note:Site plan

  (2) The application must include a site plan that shows

  • (a) the location of the workplace within any building or structure;

  • (b) the topography of any outdoor area included in the workplace;

  • (c) the location of the barriers and equipment described in paragraphs (1)(d) and (e); and

  • (d) the distance in metres between the barriers and equipment described in paragraphs (1)(d) and (e).

  • (e) the location of the workplace within the locality;

  • (f) the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site;

  • (g) each Footnote ^*vulnerable place within that area; and

  • (h) the distance in metres between the workplace and each vulnerable place.

• Marginal note:Fees

  (3) The applicant for a division 2 factory licence or a manufacturing certificate must pay the applicable fees set out in Part 19.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

SUBDIVISION cRequirements for Holders

Workplace

Marginal note:Responsibilities of holder

110 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to the workplace set out in sections 111 to 115 are met in the workplace.

Marginal note:Means of escape

• 111 (1) The workplace must have a means of escape that will permit all people in the workplace to leave it quickly and easily in an emergency.

• Marginal note:Lighting, electrical and heating systems

  (2) The lighting, electrical and heating systems that are used in the workplace must not increase the likelihood of an ignition.

Marginal note:Compatibility

• 112 (1) Every thing that is in a workplace must be made from materials that are Footnote ^*compatible with the Footnote ^*explosives and raw material in the workplace.

• Marginal note:Incompatible things

  (2) However, a thing that is not compatible with an explosive or raw material in the workplace but is required for manufacturing may be brought to the workplace for immediate use. It must be removed as soon as the circumstances permit after its use, unless the division 2 factory licence or manufacturing certificate authorizes its storage in the workplace.

• Marginal note:Open-flame device

  (3) An open-flame device or open-element electrical appliance must not be stored in a part of the workplace where explosives are being manufactured.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Activities prohibited

• 113 (1) When Footnote ^*explosives are being manufactured or stored at a workplace, no other activities may be carried out there.

• Marginal note:Competent person

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

• Marginal note:Condition of workplace

  (3) The workplace must be kept clean, dry and organized. Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit to eliminate any possibility of an ignition.

• Marginal note:Foreign matter

  (4) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing begins.

• Marginal note:Containers

  (5) All raw material, Footnote ^*explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

• Marginal note:Disposal of waste and contaminated material

  (6) 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:Removal of explosives

  (7) Unless the division 2 factory licence or manufacturing certificate provides otherwise, explosives must be removed as soon as the circumstances permit after they are manufactured from the part of the workplace where they were manufactured to the part of the workplace where they will be stored.

• Marginal note:Decontamination

  (8) A workplace that is no longer being used to manufacture explosives must be Footnote ^*decontaminated as soon as the circumstances permit. Contaminated equipment at the workplace must be decontaminated before it is removed.

• Marginal note:Thunderstorms

  (9) On the approach of a thunderstorm, all manufacturing operations in the workplace must be shut down and all people in the workplace 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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Maintenance

• 114 (1) Maintenance and repair work done at or to a workplace, or to equipment in it, must be carried out by a competent person.

• Marginal note:Hazardous work

  (2) Any work that involves the use of a device that produces heat, flame or sparks or involves grinding or impact must be done in a manner that does not increase the likelihood of an ignition.

Marginal note:Warning sign

115 A sign that warns against unauthorized entry must be posted at each entrance to the workplace.

Labelling

Marginal note:Responsibilities of holder

116 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the labelling requirements set out in section 117 are met at the workplace.

Marginal note:Information displayed on explosives

• 117 (1) The following information must be legibly printed on each Footnote ^*explosive that is manufactured in the workshop, or if that is not possible, on a label affixed to the explosive or, if even that is not possible, on the packaging containing the explosive or a label affixed to its packaging:

  • (a) the Footnote ^*product name of the explosive and the name and address of the person who obtained its authorization;

  • (b) the date on which the explosive was manufactured and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured; and

  • (c) instructions, in both English and French, for its safe handling, storage, use and destruction.

• Marginal note:Information on packaging

  (2) The following information must be legibly printed on the packaging containing the explosive or on a label affixed to its packaging:

  • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Reloaded Cartridges/Cartouches rechargées”, as the case may be, on the outer packaging and any inner packaging;

  • (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

  • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

  • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Safety of People at the Workplace

Marginal note:Responsibilities of holder

118 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to personal safety set out in sections 119 and 120 are met at the workplace.

Marginal note:Supervision

119 Every person at a workplace, other than a worker, must be kept under the direct supervision of a competent person at all times.

Marginal note:Personal protective equipment

• 120 (1) Every person at a workplace must be required to 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 person at a workplace must be required to confine or cover any loose hair and to confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.

• Marginal note:Electronic devices

  (3) Every person at a workplace must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.

• Marginal note:Performance-diminishing substance

  (4) A person must not be authorized to enter the workplace if there are reasonable grounds to believe that 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 be authorized to enter if they have medical proof that the drug is needed and that it will not impede their ability to function safely.

• Marginal note:No smoking

  (5) Smoking must be prohibited in the workplace.

• Marginal note:No fire-producing devices

  (6) Fire-producing devices (for example, matches and lighters) must not be permitted in the workplace unless they are authorized by the division 2 factory licence or manufacturing certificate.

Knowledge of the Workplace

Marginal note:Responsibilities of certificate holder

121 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace.

Marginal note:Qualifications

• 122 (1) A person must not be permitted to manufacture Footnote ^*explosives at a workplace unless they meet the following requirements:

  • (a) they are a competent person; or

  • (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

• Marginal note:Competent person

  (2) A competent person is a person who meets the following requirements:

  • (a) they are at least 18 years old; and

  • (b) the holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Record

123 A training record and a record of work experience must be kept for each worker for two years after the date on which it is made.

Marginal note:Knowledge

124 A holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace:

• (a) the provisions of the Explosives Act and these Regulations;

• (b) the terms and conditions of the licence or certificate, including the maximum quantity of Footnote ^*explosives and raw material and the maximum number of people authorized to be in the workplace at any one time;

• (c) all safety rules respecting the manufacture of explosives at the workplace;

• (d) the personal protective equipment that is needed to protect people from the hazards to which they could be exposed;

• (e) all emergency plans for the workplace, including the evacuation plan;

• (f) the hazards of, and safe handling practices for, the explosives and raw material at the workplace;

• (g) the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility;

• (h) the operation of the equipment at the workplace;

• (i) the maintenance and repair of the equipment, including Footnote ^*decontamination; and

• (j) procedures for inspecting the workplace or equipment after maintenance and repair work has been done.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Management of the Workplace

Marginal note:Responsibilities of holder

125 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace.

Marginal note:Operating procedures

126 Operating procedures must be put in place for each of the following:

• (a) every activity specified in the division 2 factory licence or manufacturing certificate;

• (b) the destruction of Footnote ^*explosives, explosives waste and explosives-contaminated material;

• (c) the management of spills and their clean-up;

• (d) the response to emergency situations;

• (e) the Footnote ^*decontamination of the workplace and all tools and equipment.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Records

127 A record of each Footnote ^*explosive in the workplace (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,

• (a) the Footnote ^*product name and a short description of the explosive and its properties;

• (b) if the explosive was received, the quantity received and the date of reception;

• (c) if the explosive was used to manufacture an explosive, the quantity used and the date of use;

• (d) if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture;

• (e) if the explosive was stored, the quantity stored, the place in which it was stored and the dates on which it was placed in and removed from storage;

• (f) if the explosive was shipped from the workplace, the quantity shipped, the date of shipment and the address of the person to whom it was shipped; and

• (g) if the explosive was destroyed at the workplace, the quantity destroyed and the date of destruction.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Copy — licence or certificate

• 128 (1) A copy of the division 2 factory licence or the manufacturing certificate and all documents that are referred to in the licence or certificate must be kept at the workplace.

• Marginal note:Copy — Division 2

  (2) A copy of this Division must be made available to workers at the workplace.

SUBDIVISION dRequirements for People at a Workplace

Marginal note:Visitors

• 129 (1) Before entering, a visitor to a workplace must obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times.

• Marginal note:Performance-diminishing substance

  (2) A person must not enter a workplace 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 if they have medical proof that they need the drug and that it will not impede their ability to function safely.

Marginal note:Personal protective equipment

• 130 (1) Every person at a workplace 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 person at a workplace must confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person.

• Marginal note:Electronic devices

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

Marginal note:No smoking

131 A person must not smoke at a workplace.

Marginal note:Qualifications

• 132 (1) A person must not manufacture Footnote ^*explosives at a workplace unless they meet the following requirements:

  • (a) they are a competent person; or

  • (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

• Marginal note:Other tasks

  (2) A person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

DIVISION 3Manufacturing that Does Not Require a Licence or Certificate

Marginal note:Restriction

133 A person who manufactures an Footnote ^*explosive under the authority of this Division must comply with Parts 10 to 18.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Experiments

• 134 (1) A school, college, university or other learning institution, or a law enforcement or government agency, that complies with subsection (2) may manufacture up to 50 g of Footnote ^*explosives for the purposes of an experiment, demonstration, test or analysis.

• Marginal note:Requirements

  (2) The institution or agency must ensure that the following requirements are met:

  • (a) the manufacturing must be carried out with the consent of the management of the institution or agency by one of its employees or by a person who is at all times under the direct supervision of an employee;

  • (b) the employee must know how to carry out the manufacturing in a manner that minimizes the likelihood of harm to people and property and be aware of the precautions that must be taken to minimize the likelihood of harm to people and property;

  • (c) every person who carries out the manufacturing must be at least 18 years old;

  • (d) precautions that will eliminate any possibility of an accidental ignition must be taken;

  • (e) explosives must not be removed from the location where they are manufactured except for the purpose of destroying them; and

  • (f) all explosives must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Assembling explosives for use

• 135 (1) A person who complies with subsection (2) may assemble Footnote ^*explosives by combining Footnote ^*explosive articles (for example, a detonator with a booster, a detonating cord with an explosive cartridge or fireworks with fireworks accessories) at the place where the explosives will be used.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) the explosive articles must be on the list of authorized explosives referred to in subsection 41(1);

  • (b) the explosive articles must not be altered, except that cartridges may be cut or slit and detonating cord and fuses may be cut or trimmed; and

  • (c) precautions that minimize the likelihood of an accidental ignition must be taken.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Christmas crackers

• 135.1 (1) A person who complies with subsection (2) may assemble Christmas crackers.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) the snap to be used in the cracker must be on the list of authorized Footnote ^*explosives referred to in subsection 41(1);

  • (b) the amount of explosive in each cracker must be less than 2 mg; and

  • (c) precautions that minimize the likelihood of an accidental ignition must be taken.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Underground activities

• 136 (1) A person who complies with subsection (2) may carry out any of the following activities underground at an underground mine or underground construction project:

  • (a) pneumatically transferring Footnote ^*explosives;

  • (b) pumping, thickening or gassing either emulsion explosives or water gel explosives while charging boreholes; or

  • (c) blending emulsion explosives or water gel explosives with ammonium nitrate or ammonium nitrate/fuel oil mixtures while charging boreholes.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1);

  • (b) the equipment used to pump, thicken, gas or blend emulsion explosives or water gel explosives must be designed to minimize the likelihood of an ignition, including an ignition resulting from pumping against a blocked outlet or from running the pump without any feed;

  • (c) all progressive cavity pumps must be equipped with at least two independent safety shutdown systems to prevent an excessive rise in temperature;

  • (d) if the person is assisted by another person, the other person must be trained to operate the equipment;

  • (e) a preventive maintenance procedure must be put in place for the equipment, including the pumps;

  • (f) maintenance must be performed by workers who are knowledgeable about the equipment to be maintained; and

  • (g) precautions that minimize the likelihood of an ignition must be taken.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Pneumatic transfer of explosives

• 137 (1) A person who complies with subsection (2) may pneumatically transfer Footnote ^*explosives at a surface mine or a quarry.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1);

  • (b) the device used for pneumatic charging must have a maximum capacity of 100 kg and the explosives used in the pneumatic charging must be in bags, each with a maximum capacity of 30 kg; and

  • (c) precautions that minimize the likelihood of an ignition must be taken.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Multi-ingredient kits

• 138 (1) A person who complies with subsection (2) may mix together the ingredients of a multi-ingredient kit.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) the kit must be on the list of authorized Footnote ^*explosives referred to in subsection 41(1);

  • (b) the mixing must be carried out at the place where the explosive to be manufactured will be used;

  • (c) precautions that minimize the likelihood of an ignition must be taken;

  • (d) if the explosive to be manufactured is classified as type F.3, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician; and

  • (e) if the explosive to be manufactured is a special purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician or a licence issued under the Firearms Act.

    Note: Section 10 provides that a person must be at least 18 years old to carry out an Footnote ^*activity involving an explosive.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Spills or accidents

• 139 (1) A person who complies with subsection (2) may remove Footnote ^*explosives from, or repackage explosives at, the site of an accident or spill.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) precautions that minimize the likelihood of an ignition must be taken;

  • (b) any packaging used must prevent the explosives involved from leaking or spilling and minimize the likelihood of an accidental ignition; and

  • (c) the Chief Inspector of Explosives must be notified of the accident or spill within 12 hours after the removal or repackaging begins.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Emergency response assistance plan

• 140 (1) A person who complies with subsection (2) may pump Footnote ^*explosives numbered UN 0332 and classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) written permission must be obtained from a holder of a division 1 factory licence that authorizes the manufacture of blasting explosives in bulk to store the pumped explosives at the holder’s factory and to Footnote ^*decontaminate the pumping equipment there;

  • (b) an air-powered diaphragm pump that is safe for pumping the explosives must be used;

  • (c) the explosives and contaminated equipment must be stored at the factory; and

  • (d) a copy of the follow-up report that is required under section 8.3 of the Transportation of Dangerous Goods Regulations must be submitted to the Chief Inspector of Explosives within 30 days after the date on which the explosives are pumped.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Industrial explosives

• 141 (1) A person who complies with subsection (2) may destroy deteriorated, expired or misfired Footnote ^*industrial explosives by placing them in a borehole with other Footnote ^*explosives and igniting the other explosives.

• Marginal note:Requirements

  (2) The person who carries out the activity must ensure that the following requirements are met:

  • (a) the explosives to be destroyed and the other explosives must have similar properties (for example, similar density and propensity to detonate); and

  • (b) the presence of the other explosives at the time of the ignition must not increase the likelihood of harm to people or property.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Destruction

142 A government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an Footnote ^*explosive if it does so in the course of its duties.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

PART 6Magazine Licences and Storage in a Licensed Magazine

Marginal note:Overview

143 This Part sets out how to obtain a vendor magazine licence, a user magazine licence or a user magazine zone licence. It also sets out the rules applicable to holders of these licences.

Marginal note:Definitions

144 The following definitions apply in this Part.

distribution establishment

distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. (établissement de distribution)

magazine site

magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. (site de poudrière)

retail establishment

retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. (établissement de vente au détail)

user magazine licence

user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. (licence de poudriére (utilisateur))

user magazine zone licence

user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. (licence de poudrière (utilisateur-zone))

vendor magazine licence

vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. (licence de poudrière (vendeur))

Application

Marginal note:Application for magazine licence

• 145 (1) An applicant for a magazine licence must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a vendor magazine licence, a user magazine licence or a user magazine zone licence is requested and must include the following information:

  • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

  • (b) the address and geographical coordinates of the magazine site;

  • (c) the number of magazines for which the licence is requested;

  • (d) the quantity of each type of Footnote ^*explosive to be stored in each magazine;

  • (e) if the application is for a vendor magazine licence, an indication of whether the site will be a retail establishment or a distribution establishment; and

  • (f) if the site will be a distribution establishment, an indication of whether explosives will be repackaged there.

• Marginal note:Site plan

  (2) The application must include the following documents:

  • (a) a plan of the magazine site that shows

    • (i) the location of each magazine and each Footnote ^*vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, and

    • (ii) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and

  • (b) if one or more magazines occupies only a part of a building or structure, a drawing that shows the location of each magazine in the building or structure and the location of each entrance to and exit from the room or area in which each magazine is located and to which the public has access.

• Marginal note:Site description

  (3) The application must include the following information about the site:

  • (a) a description of the proposed use of the site and the proposed use of each building and structure at the site;

  • (b) the distance in metres between each magazine and any potential source of ignition at the site;

  • (c) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;

  • (d) the minimum distance in metres that must be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time;

  • (e) a description of the safety and security features of the site (for example, signs, alarm systems, barriers, fencing and berms); and

  • (f) for each magazine at the site,

    • (i) the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources,

    • (ii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time or, if the magazine does not correspond to any of those types, its specifications, including its construction materials and its safety and security features, and

    • (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 m.

• Marginal note:Fire safety plan

  (4) The application must include a fire safety plan that sets out

  • (a) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire;

  • (b) the emergency procedures to be followed in case of a fire, including

    • (i) activation of the alarms,

    • (ii) notification of the fire department, and

    • (iii) evacuation procedures, including evacuation routes and safe assembly places;

  • (c) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought; and

  • (d) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan.

• Marginal note:Site security plan

  (5) If type E, I or D explosives are to be stored at the site, the application must include a security plan that includes

  • (a) an assessment of the security risks resulting from the presence of explosives at the site;

  • (b) a description of the measures to be taken to minimize those risks;

  • (c) a description of the procedures to be followed in response to security incidents; and

  • (d) a description of the procedures to be followed to report security incidents.

• Marginal note:Marine flare destruction plan

  (6) If the site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, the application must include a plan for destroying expired marine flares that are returned to the site. The plan must set out where and how the marine flares will be stored and destroyed.

• Marginal note:Identifier

  (7) Every magazine and vulnerable place that is shown on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description.

• Marginal note:Scale drawing

  (8) Every drawing or plan must be drawn to scale or be a reasonable approximation of actual distances and dimensions and must include a legend.

• Marginal note:Initial site

  (9) If the application is for a user magazine zone licence, the requirements of subsections (1) to (8) apply to the initial magazine site.

• Marginal note:Fees

  (10) An applicant for a magazine licence must pay the applicable fees set out in Part 19.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Requirements for Holders of Magazine Licences

Marginal note:Responsibilities of licence holder

146 A holder of a magazine licence must ensure that the requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.

Marginal note:Acceptable distance requirement

• 147 (1) Every magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present.

• Marginal note:Criteria — acceptable distance

  (2) In the case of a vendor magazine licence and a user magazine licence, acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of Footnote ^*explosives to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.

• Marginal note:Criterion — user magazine zone licence

  (3) In the case of a user magazine zone licence, acceptable distance is the minimum distance in metres to be maintained between each magazine at the site and each Footnote ^*vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Structural requirements

148 Every magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of Footnote ^*explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Authorized storage

• 149 (1) An Footnote ^*explosive may be stored in a magazine only if the licence authorizes the storage of that explosive in that magazine.

• Marginal note:Other materials and equipment

  (2) Materials and equipment may be brought into or stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Stacking

• 150 (1) Packages and containers of Footnote ^*explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

• Marginal note:Prohibited use of packages

  (2) Packages and containers of explosives must not be used as supports for conveyors or ramps.

• Marginal note:Air circulation

  (3) There must be enough space between the stacks of explosives, the walls, the ceiling and the ventilation openings to permit air circulation.

• Marginal note:Opening packages

  (4) Packages or containers that are made from wood or have metal fasteners or strapping must not be opened in a magazine. Other packages or containers may be opened in a magazine for inspection or to remove explosives, but they must be opened one at a time.

• Marginal note:Opened packages

  (5) Any package or container of explosives that has been opened outside a magazine must be dry, clean and free of grit and other contamination before it is taken into the magazine.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Fire prevention

• 151 (1) Precautions must be taken that minimize the likelihood of fire in or near a magazine.

• Marginal note:No smoking

  (2) Smoking must be prohibited in a magazine.

• Marginal note:Thunderstorms

  (3) On the approach of a thunderstorm, all people in a magazine must be immediately moved to a safe place and until the storm passes must not be permitted to return.

Marginal note:Prohibited activities

152 The following activities must not be carried out inside a magazine unless the magazine licence authorizes them to be carried out there:

• (a) packing or repacking Footnote ^*explosives;

• (b) adding a detonator to, or inserting a detonator in, an explosive;

• (c) assembling explosive components;

• (d) uncoiling the leg wires of, or removing the shunt from, an electric detonator or an electric initiator;

• (e) opening a package or container of explosives to expose an Footnote ^*explosive substance; or

• (f) stripping, cutting or slitting the wrapping of an Footnote ^*explosive article to expose an explosive substance.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Unlocked magazine

• 153 (1) A magazine must be Footnote ^*attended in person when it is unlocked.

• Marginal note:Key control plan

  (2) A key control plan that includes the following requirements must be put in place for each magazine:

  • (a) every key to the magazine must be numbered;

  • (b) a person may have possession of a key to the magazine only if they are named in the plan;

  • (c) the number of people named in the plan must not exceed the number necessary for the operation of the magazine;

  • (d) each key must be kept in a locked and secure location when it is not in the possession of a person named in the plan; and

  • (e) in the case of an Footnote ^*industrial explosive or a type D explosive, the lock on the magazine must be of a type for which keys can be obtained only from the lock’s manufacturer or a certified locksmith designated by the manufacturer.

• Marginal note:Change of circumstances

  (3) The plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site.

• Marginal note:Lost or stolen key

  (4) If a key is lost or stolen, the lock must be immediately replaced.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Fire safety plan

• 154 (1) A copy of the fire safety plan included in the licence application must be sent to the local fire department and made available to employees.

• Marginal note:Change of circumstances

  (2) The plan must be updated to reflect any change in circumstances that could adversely affect the safety of the site. A copy of the updated plan must be sent to the local fire department as soon as the circumstances permit.

Marginal note:Site security plan

• 155 (1) If a site security plan is included in the licence application, it must be implemented.

• Marginal note:Change of circumstances

  (2) The plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site. A copy of the updated plan must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.

• Marginal note:Copy of plan

  (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Marginal note:Storage record

156 A record for each magazine must be kept for two years after the date on which it is made. The record must include

• (a) each type of Footnote ^*explosive that is stored;

• (b) the quantity of each type of explosive that is stored; and

• (c) the dates on which each explosive was placed in and removed from the magazine.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Maintenance of magazine

• 157 (1) A magazine must be kept clean, dry and organized. Any spill, leakage or other contamination must be cleaned up immediately.

• Marginal note:Combustible material

  (2) A magazine must be kept free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might spontaneously combust.

• Marginal note:Lighting, electrical fixtures and wiring

  (3) The lighting (including portable lighting), electrical fixtures and wiring systems that are used in a magazine must not increase the likelihood of an ignition. All portable lighting must be impact-resistant.

Marginal note:Repairs to magazine

• 158 (1) Before any repair work that could increase the likelihood of an ignition begins in or on a magazine, the Footnote ^*explosives in the magazine must be either

  • (a) put into another magazine; or

  • (b) taken to a location where the presence of the explosives will not increase the likelihood of harm to people or property, the explosives are protected from weather and the repair work will not cause an ignition.

• Marginal note:Attendance of explosives

  (2) Any explosives that are not put into another magazine must be Footnote ^*attended in person.

• Marginal note:Putting explosives back

  (3) Explosives must not be returned to a magazine until the repairs to the magazine no longer increase the likelihood of an ignition.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Interior sign

159 A sign that indicates the type of Footnote ^*explosives, and the maximum quantity of each type, that may be stored in the magazine, as specified in the licence, must be posted inside every magazine in a clearly visible location.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Deteriorated explosives

• 160 (1) The Footnote ^*explosives in a magazine must be checked regularly for signs of deterioration and to ensure that the manufacturer’s expiry date has not passed.

• Marginal note:Marking

  (2) Every deteriorated, expired or misfired explosive must be clearly marked “Deteriorated/Détérioré” or “Expired/Périmé” or “Misfired/Raté”, as the case may be.

• Marginal note:Destruction of deteriorated, expired or misfired explosives

  (3) Explosives that have deteriorated, expired or misfired must be safely destroyed as soon as the circumstances permit. However, explosives that have deteriorated to the extent that they are unstable or in a very dangerous condition must be destroyed immediately in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

• Marginal note:Authorization required

  (4) Subsection (3) does not authorize a person to destroy deteriorated, expired or misfired explosives. The destruction must be authorized by these Regulations or otherwise under the Explosives Act.

• Marginal note:Storage until destruction — normal hazard

  (5) A deteriorated, expired or misfired explosive may be stored in a magazine with other Footnote ^*compatible explosives if the storage would not increase the likelihood of an ignition.

• Marginal note:Storage until destruction — more than normal hazard

  (6) A deteriorated, expired or misfired explosive must be stored in a magazine that does not contain other explosives if storing it with other explosives could increase the likelihood of an ignition.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Person in possession of key

161 A person who is in possession of a key that is subject to a key control plan referred to in subsection 153(2) must not duplicate the key. After using it, the person must return the key to a locked location to which access is controlled.

Requirements for Holders of User Magazine Zone Licences

Marginal note:Notice of change of site

• 162 (1) When the storage of explosives that is authorized by a user magazine zone licence is moved to a new site, within 24 hours after the move the holder of the licence must complete, sign and send a notice of change of site, in the form provided by the Department of Natural Resources, to the Minister, to the police force in the locality of the previous site and to the police force in the locality of the new site. The notice must be dated and include the following information:

  • (a) the name, address, telephone and cellphone number, fax number and email address of both the licence holder and a contact person;

  • (b) the holder’s licence number and its expiry date;

  • (c) the name, telephone number and cellphone number of the person who is responsible for the new site;

  • (d) the date on which the storage of explosives began at the new site;

  • (e) the geographic coordinates of the previous and new sites;

  • (f) the directions by road to the new site;

  • (g) the safety and security features of the new site (for example, signs, alarm systems, barriers, fencing and berms); and

  • (h) a list of the magazines to be used at the new site that sets out

    • (i) in the case of a magazine that has been moved, its number, letter or distinctive name as shown on the previous site plan,

    • (ii) its tag number, if any,

    • (iii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time, and

    • (iv) each type of Footnote ^*explosive, and the quantity of each type, to be stored.

• Marginal note:Site plan

  (2) The notice must include a site plan that shows

  • (a) the location of each magazine and each Footnote ^*vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored;

  • (b) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and

  • (c) the minimum distance in metres to be maintained between each magazine at the site and each vulnerable place shown on the site plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances, as amended from time to time.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Copy of licence and notice

163 The holder must ensure that a copy of the user magazine zone licence and of the notice are posted in each magazine.

PART 7Provisions of General Application

Marginal note:Overview

164 This Part sets out certain terms and conditions that apply to holders of the documents (licences, permits and certificates) issued by the Minister under section 7 of the Explosives Act. It also sets out the procedures for changing or renewing these documents and provides for their suspension and cancellation.

Terms and Conditions

Marginal note:Authorized activities

• 165 (1) A holder of a licence, permit or certificate may carry out any Footnote ^*activity involving an explosive that is authorized by the document and must do so in the manner specified in it.

• Marginal note:Responsibility of holder

  (2) The holder must ensure that their employees and other workers carry out the activities authorized by the document in the manner specified in it.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Presentation of licence, permit or certificate

166 A holder of a licence, permit or certificate must present their document for review at the request of a peace officer.

Marginal note:Fire

• 167 (1) A holder of a licence, permit or certificate must immediately inform the local fire department of any fire that involves an Footnote ^*explosive under their control.

• Marginal note:Incidents

  (2) A holder of a licence, permit or certificate must inform an inspector as soon as the circumstances permit of any of the following incidents that involves an explosive under their control:

  • (a) the theft, attempted theft or loss of an explosive;

  • (b) a fire, spill or accidental explosion;

  • (c) an injury or death; or

  • (d) any accidental property damage.

• Marginal note:Report

  (3) The holder must provide the Chief Inspector of Explosives with a detailed follow-up report about the incident as soon as the circumstances permit. The report must include the likely cause of the incident and the steps that the holder will take to prevent such an incident from happening again.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Destruction of explosives

168 A holder of a licence, permit or certificate who has not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the Footnote ^*explosives under their control for which a licence, permit or certificate is required

• (a) are destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction;

• (b) are returned to the person from whom they were bought; or

• (c) are delivered to a holder of a factory licence that authorizes storage of those explosives.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Decommissioning plan — factory

• 169 (1) Before decommissioning a factory, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister.

• Marginal note:Decommissioning plan — magazine

  (2) Before decommissioning a workplace or magazine, a holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decomissioning plan to the Minister if the workplace or magazine contains any Footnote ^*explosive residue.

• Marginal note:Contents of plan

  (3) A decommissioning plan must include a description of the safety measures that the holder will take to minimize the likelihood of harm to people or property during and after the decommissioning.

• Marginal note:Additional safety measures

  (4) The Minister may require the holder to implement additional safety measures that are necessary to minimize the likelihood of harm to people or property.

• Marginal note:Responsibility of holder

  (5) The holder must implement the decommissioning plan and ensure that the factory, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the factory or magazine is decommissioned. They must inform the Minister when the decommissioning is complete.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Annual report

• 170 (1) For any calendar year during which a holder of a factory licence, an import or export permit or a manufacturing certificate carries out an Footnote ^*activity involving an explosive of type E, I or D, the holder must submit a report to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The report must include, for each Footnote ^*explosive,

  • (a) its UN number;

  • (b) for each UN number, the quantity of explosive that was acquired, Footnote ^*manufactured, imported, exported, used, sold, lost, stolen or destroyed during the calendar year; and

  • (c) the quantity of each explosive in the holder’s inventory on December 31 of the calendar year or, if the holder ceased operations during the year, on the date on which operations ceased.

• Marginal note:Submission

  (2) The report must be submitted

  • (a) when the holder applies to renew their licence, permit or certificate, if the application for renewal is between the end of the calendar year and March 31 of the following year; or

  • (b) on or before March 31 of the year following the calendar year if the holder has not applied for a renewal before that day.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Suspension of activity

171 A licence holder who intends to suspend an activity for which their licence was issued must, no later than 14 days before the date on which the suspension is to begin, give the Minister written notice of the date of suspension and the anticipated date, if any, for resuming the activity.

Amendment and Renewal

Marginal note:Amendment or renewal with amendment

• 172 (1) An applicant for an amendment of a licence, permit or certificate, or for a renewal with amendment, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether the amendment requested is to a licence, a permit or a certificate and must include the following information:

  • (a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;

  • (b) the number of the applicant’s licence, permit or certificate;

  • (c) the amendment requested; and

  • (d) all the information that differs from that provided in the previous application.

• Marginal note:Renewal without amendment

  (2) An applicant for a renewal without amendment of a licence, permit or certificate 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 name, address, telephone number, fax number and email address of both the applicant and a contact person; and

  • (b) the number of the applicant’s licence, permit or certificate.

• Marginal note:Exception

  (3) Despite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109.

• Marginal note:Fees

  (4) An applicant must pay the applicable fees set out in Part 19.

Suspension and Cancellation

Marginal note:Suspension

• 173 (1) The Chief Inspector of Explosives may suspend a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act, these Regulations or any term or condition of the document. The suspension continues until the measures required to bring the holder into compliance are taken.

• Marginal note:Cancellation

  (2) The Chief Inspector may cancel a licence, permit or certificate if the holder

  • (a) fails more than one time to comply with the Explosives Act, these Regulations or any term or condition of the document; or

  • (b) jeopardizes the safety of the public or the holder’s employees by failing to follow the practices of the Footnote ^*explosives industry.

• Marginal note:Procedure

  (3) Before suspending or cancelling a licence, permit or certificate, the Chief Inspector must provide the holder with written notice of the reasons for the suspension or cancellation and its effective date and give them an opportunity to provide reasons why the licence, permit or certificate should not be suspended or cancelled.

• Marginal note:Review by Minister

  (4) The holder may request that the Minister review the Chief Inspector’s decision to suspend or cancel. The request must be made in writing within 15 days after the Chief Inspector has given the holder notice of the decision. The Minister must confirm, revoke or amend the decision.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

PART 8Screening

Marginal note:Overview

174 This Part sets out the screening requirements for people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to Footnote ^*manufacture, store, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Definitions

• 175 (1) The following definitions apply in this Part.

  approval letter

  approval letter means an approval letter issued by the Minister under section 183. (lettre d’approbation)

  certificate

  certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. (certificat)

  equivalent document

  equivalent document means

  • (a) a permis général issued under Quebec’s An Act respecting explosives, as amended from time to time;

  • (b) a FAST card (free and secure trade card) issued by the Canada Border Services Agency;

  • (c) a NEXUS card issued by the Canada Border Services Agency;

  • (d) a Firearms Possession and Acquisition Licence issued under the Firearms Act; or

  • (e) a security clearance issued by Public Services and Procurement Canada to individuals working for or on behalf of entities that are registered in its Contract Security Program. (document équivalent)

  high hazard explosive

  high hazard explosive refers to

  • (a) military explosives or law enforcement explosives (type D);

  • (b) high explosives (type E); or

  • (c) initiation systems (type I). (explosif à risque élevé)

  licence

  licence means a licence that authorizes the storage of a high hazard explosive. (licence)

  permit

  permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. (permis)

• Marginal note:Access

  (2) A person is considered to have access to a high hazard explosive if it is possible for them to come into contact, even momentary contact, with such an explosive.

DIVISION 1Application for Licence, Permit or Certificate

Marginal note:Approval letter or equivalent document

• 176 (1) An individual who applies for a licence, permit or certificate or for the renewal of one must include with their application proof that they have an approval letter or equivalent document.

• Marginal note:List of employees

  (2) Every applicant for a licence, permit or certificate, or for the renewal of one, must also include a list of their employees who are required by this Part to have an approval letter and must indicate whether the employee has applied for the letter and whether it has been received.

Marginal note:Issuance of document

177 The Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document.

DIVISION 2Approval Letters

Requirements for Holders of a Licence, Permit or Certificate

Marginal note:Approval letter required

• 178 (1) A holder of a licence, permit or certificate must ensure that an approval letter or equivalent document is held by every employee, director or contractor who, in carrying out their functions for the holder,

  • (a) has access to a high hazard explosive;

  • (b) permits others to have access to a high hazard explosive; or

  • (c) controls, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive.

• Marginal note:Control over others

  (2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they control, directly or indirectly, a person who, in carrying out their functions for the holder, has access to a high hazard explosive.

Marginal note:Access prevented

• 179 (1) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not have access to a high hazard explosive that is being Footnote ^*manufactured, stored, sold, imported, exported or transported by the holder.

• Marginal note:Exception — supervised person

  (2) Subsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and was either refused or is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Visitors

180 A holder of a licence or certificate must ensure that a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document.

Marginal note:Exception — peace officers, etc.

181 Subsection 179(1) and section 180 do not apply in respect of the following people when they are acting in the course of their duties:

• (a) a peace officer;

• (b) an employee of the federal government; or

• (c) an inspector appointed under the Explosives Act.

Application for Approval Letter

Marginal note:Application

• 182 (1) A person may apply for an approval letter by completing, signing and sending 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 and email address;

  • (b) the applicant’s date of birth; and

  • (c) if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number, fax number and email address and, if applicable, the name of the applicant’s supervisor.

• Marginal note:Criminal record check

  (2) The application must include the original of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister.

Marginal note:Issuance of letter

• 183 (1) If the applicant’s criminal record check does not reveal any of the circumstances set out in subsection (2), the Minister must issue a dated approval letter to the applicant and send a copy of the letter to any holder of a licence, permit or certificate mentioned in the application.

• Marginal note:Refusal

  (2) The Minister must refuse to issue an approval letter and must give the applicant written notice of the refusal, and the reasons for the refusal, if the applicant’s criminal record check reveals any of the following circumstances:

  • (a) the applicant is subject to a court order prohibiting them from possessing any Footnote ^*explosives;

  • (b) the applicant has, within the five years before the date on which the application was received by the Minister, been convicted of any of the following offences:

    • (i) an indictable offence under the Explosives Act,

    • (ii) an indictable offence under Quebec’s An Act respecting Explosives, as amended from time to time,

    • (iii) an offence under any of the following provisions of the Criminal Code:

      • (A) section 80 (breach of duty),

      • (B) section 81 (using explosives),

      • (C) section 82 (possession of explosives without lawful excuse),

      • (D) subsection 235(1) (first and second degree murder),

      • (E) subsection 239(1) (attempted murder),

      • (F) subsection 431.2(2) (explosive or other lethal device),

      • (G) section 436.1 (possession of incendiary material), or

    • (iv) the applicant has, within the five years before the date on which the application was received, been convicted more than once of either of the following offences or has been convicted at least once of each of them:

      • (A) an indictable offence in the commission of which violence against another person was used, threatened or attempted, or

      • (B) an offence under section 264 of the Criminal Code (criminal harassment).

• Marginal note:Request for review

  (3) An applicant may, within 30 days after the date on which they receive a notice of refusal, send the Minister written information or documents to establish that the information on which the refusal was based is incorrect.

• Marginal note:Disposition on review

  (4) After reviewing the new information or documents, the Minister must

  • (a) issue the approval letter if the information on which the refusal was based is incorrect; or

  • (b) give the applicant written notice of the refusal, and the reasons for the refusal, and send a copy of the notice to any licence, permit or certificate holder mentioned in the application, if the information on which the refusal was based is correct.

• Marginal note:Review not requested

  (5) If the applicant does not request a review, the Minister must, at the end of the period mentioned in subsection (3), send a copy of the notice of refusal to any licence, permit or certificate holder mentioned in the application.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Period of validity

184 An approval letter remains valid for five years after the date on which it is issued.

Marginal note:Copy of letter

• 185 (1) A person who has been issued an approval letter may

  • (a) obtain a copy of the letter by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; or

  • (b) have a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address.

• Marginal note:Verification

  (2) A holder of a licence, permit or certificate who wishes to verify that a director or employee of the holder, or a person seeking employment from the holder, has an approval letter 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 name, address, telephone number, fax number and email address of both the holder and a contact person;

  • (b) the name and date of birth of the person whose approval letter is to be verified; and

  • (c) that person’s written consent, witnessed and signed by a witness.

PART 9Transporting Explosives

Marginal note:Overview

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 certain explosives are 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 to 203.1 (dealing with transportation by other means) apply.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Definitions

187 The following definitions apply in this Part.

carrier

carrier means a person who transports explosives or who provides the service of transporting explosives. (transporteur)

shipper

shipper means a person who arranges for a carrier, prepares the Footnote ^*explosives for transport and delivers them to the carrier. (expéditeur)

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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.

Exemption of Certain Explosives

Marginal note:List of explosives

• 190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport

  • (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.

• Marginal note:Requirements

  (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.

Transporting Explosives in a Vehicle

Marginal note:Vehicle requirements

• 191 (1) A carrier of Footnote ^*explosives by vehicle must ensure that the portion of the vehicle that contains the explosives

  • (a) is either an intermodal container or is fully enclosed and fire resistant; and

  • (b) is kept locked except when the explosives are being loaded or unloaded.

• 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

  • (a) the explosives are in a semi-trailer attached to a truck tractor or in a fifth-wheel trailer; or

  • (b) the explosives are in a trailer that is part of a road train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken.

• Marginal note:Exception

  (3.1) Subsection (3) does not apply to

  • (a) the transportation of explosives at a mine site or quarry; or

  • (b) the transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) and ensures that the quantity of fireworks transported in the towed vehicle does not exceed 750 kg and precautions have been taken to minimize the sway of both vehicles.

• 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

  • (a) UN 0331, EXPLOSIVE, BLASTING, type B; or

  • (b) UN 0332, EXPLOSIVE, BLASTING, type E.

• 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

  • (a) a heater or light is required because of the properties of the explosives or the operations to be carried out in the vehicle; and

  • (b) precautions that minimize the likelihood of an ignition have been taken.

• 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

    • (i) the system has to be operational because of the properties of the explosives or the operations to be carried out in the vehicle, and

    • (ii) precautions that will minimize the likelihood of an ignition have been taken.

• 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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Detonators

• 192 (1) When detonators are to be transported in a vehicle that contains other Footnote ^*explosives, the shipper and the carrier must ensure that no more than 20 000 detonators will be transported with the other explosives. They must also ensure that

  • (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the detonators are stowed apart from the other explosives so that an explosion of one or more detonators will not ignite any of the other explosives; and

  • (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the detonators are stowed in a container in or compartment of the vehicle that is fully enclosed, cannot be accessed from the portion of the vehicle that contains the other explosives and will prevent the detonators from exploding during a fire for at least one hour.

• Marginal note:Damaged or deteriorated explosives

  (2) The shipper and the carrier must not transport damaged or deteriorated explosives unless the Minister determines that the explosives must be transported to another location for the purpose of storing them, making them fit for use, remaking or repairing them or destroying them and that precautions that minimize the likelihood of an ignition have been taken.

• Marginal note:Items transported with explosives

  (3) The shipper and the carrier must ensure that things other than explosives are not transported with explosives unless

  • (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the things are stowed, or separated from, the explosives so as to minimize the likelihood of an ignition; and

  • (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the vehicle has been authorized to transport the things by a permit issued by the Minister under paragraph 7(1)(b) of the Explosives Act and the permit is in the vehicle.

• Marginal note:Permit to transport non-explosive items

  (4) A shipper or a carrier who applies for a permit to transport things other than explosives in a vehicle that will contain explosives 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) a list of the non-explosive items to be transported with the explosives in the vehicle; and

  • (c) the precautions that will be taken to eliminate any possibility of an ignition.

• Marginal note:Limit for road trains on ice roads

  (5) In the case of a road train travelling over ice roads, the carrier must ensure that no more than 20 000 kg of explosives are transported in any trailer forming part of the train.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Sound mechanical condition

• 193 (1) The carrier must ensure that the vehicle to be used to transport Footnote ^*explosives is in sound mechanical condition and capable of safely transporting explosives.

• Marginal note:Combustible material

  (2) The carrier and the driver must ensure that the portion of the vehicle containing explosives is free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might ignite spontaneously.

• Marginal note:Inspection

  (3) The driver must ensure that the vehicle, while transporting explosives, is inspected daily to verify that the following requirements are met:

  • (a) the fire extinguishers are filled and in good working order;

  • (b) the electric wiring is completely insulated and firmly secured;

  • (c) the fuel tank and fuel lines have no leaks;

  • (d) the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease;

  • (e) the brakes and steering apparatus are in good condition; and

  • (f) the tires are not worn smooth or visibly defective.

• Marginal note:Correcting deficiencies

  (4) The driver must ensure that any deficiencies found on the vehicle during an inspection are corrected before it is used to transport explosives.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Loading and unloading

• 194 (1) The carrier must ensure that, while Footnote ^*explosives are being loaded into or unloaded from a vehicle, precautions that minimize the possibility of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

• Marginal note:Precautions

  (2) The carrier must ensure that precautions are taken that will prevent unauthorized people from having access to the explosives during loading or unloading and that will prevent any person in the immediate vicinity from doing anything that could increase the likelihood of an ignition.

• Marginal note:Fuel, oil and tire pressure check

  (3) The carrier must ensure that the vehicle is fuelled, the oil level and tire pressure are checked and all required servicing of the vehicle is carried out before the loading of explosives begins.

• Marginal note:Engine turned off and brakes set

  (4) During the loading or unloading of explosives, the driver must ensure that the engine is turned off and the brakes are set. However, the engine may be left running if it is needed to operate a power take-off or if cold and wind conditions could make restarting the engine difficult.

• Marginal note:No stopping

  (5) The carrier must ensure that once the loading or unloading begins, it continues without stopping until it is completed.

• Marginal note:Throwing or dropping explosives

  (6) The carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of explosives.

• Marginal note:Securing explosives

  (7) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Confirmation — shipper

• 195 (1) Before delivering the Footnote ^*explosives to the carrier, the shipper must obtain confirmation from the intended recipient that the explosives will be

  • (a) used on the same day they are delivered and Footnote ^*attended in person until they are used;

  • (b) stored in a factory magazine, licensed magazine, Footnote ^*storage unit or dwelling in accordance with these Regulations; or

  • (c) shipped immediately to the next recipient.

• Marginal note:Confirmation — carrier

  (2) A carrier must not load explosives into a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Age of driver

• 196 (1) A person who is less than 21 years old must not drive a vehicle that is transporting more than 2 000 kg of Footnote ^*explosives.

• Marginal note:No smoking

  (2) A person must not smoke while they are in a vehicle that contains explosives, or while they are Footnote ^*attending one.

• Marginal note:Performance-diminishing substance

  (3) A person who is under the influence of alcohol or another performance-diminishing substance must not be in or attend a vehicle that contains explosives. However, a person who has taken a prescription drug may be in or attend a vehicle containing explosives if they have medical proof that they need the drug and that it will not impede their ability to function safely.

• Marginal note:Performance-diminishing substance — possession

  (4) A driver and any person assisting the driver must not carry alcohol or another performance-diminishing substance for their personal use while transporting explosives.

• Marginal note:No stopping on route

  (5) The driver of a vehicle transporting explosives must not stop en route unnecessarily. If a stop is necessary, the driver must stop for no longer than required under the circumstances and must park the vehicle away from areas where people gather.

• Marginal note:Repairs

  (6) In the case of a mechanical breakdown of a vehicle transporting explosives, the driver must ensure that repairs to the vehicle are done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and that the work is done by a person who understands the hazards to which they could be exposed and who is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the vehicle.

• Marginal note:Route

  (7) The driver of a vehicle transporting explosives must follow dangerous goods routes. If there are no dangerous goods routes, the driver must, if possible, avoid routes that pass through densely populated areas.

• Marginal note:Maintaining separation

  (8) A driver of a vehicle transporting more than 2 000 kg of explosives must maintain a distance of at least 300 m between their vehicle and any other vehicle that is transporting more than 2 000 kg of explosives.

• Marginal note:Towed vehicle

  (9) Except at a mine site or quarry, the driver of a vehicle transporting explosives must ensure that the vehicle is not towed unless the Minister or a police officer directs that it be towed because of an emergency or a breakdown.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Obtaining assistance

197 The carrier must ensure that the driver of a vehicle transporting more than 2 000 kg of Footnote ^*explosives is able to rely on assistance from one or more of the following people:

• (a) an assistant who is accompanying the driver;

• (b) a person who is in another vehicle that is not transporting explosives following the vehicle transporting explosives and with whom the driver is in constant communication;

• (c) a person who is monitoring a two-way radio or equivalent communication system.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Tracking and communication systems

• 198 (1) If a vehicle — other than a vehicle in which a Footnote ^*manufacturing operation may be carried out — is used to transport 1 000 or more detonators or at least 2 000 kg of an ^*explosive that is listed in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system.

• Marginal note:Listed explosives

  (2) The tracking and communication system is required if the vehicle is transporting explosives that are classified under the Transportation of Dangerous Goods Regulations as follows:

  • (a) Class 1, Division 1, 2 or 3;

  • (b) Class 1, Division 4 with one of the following UN numbers:

    • (i) UN 0104, CORD DETONATING, MILD EFFECT or FUSE DETONATING, MILD EFFECT,

    • (ii) UN 0237, CHARGES, SHAPED, FLEXIBLE, LINEAR,

    • (iii) UN 0255, DETONATORS, ELECTRIC,

    • (iv) UN 0267, DETONATORS, NON-ELECTRIC,

    • (v) UN 0289, CORD, DETONATING,

    • (vi) UN 0361, DETONATOR ASSEMBLIES, NON-ELECTRIC,

    • (vii) UN 0365, DETONATORS FOR AMMUNITION,

    • (viii) UN 0366, DETONATORS FOR AMMUNITION,

    • (ix) UN 0440, CHARGES, SHAPED,

    • (x) UN 0441, CHARGES, SHAPED,

    • (xi) UN 0445, CHARGES, EXPLOSIVE, COMMERCIAL,

    • (xii) UN 0456, DETONATORS, ELECTRIC,

    • (xiii) UN 0500, DETONATOR ASSEMBLIES, NON-ELECTRIC; or

  • (c) Class 1, Division 5 or 6.

• Marginal note:Requirements for system

  (3) The tracking and communication system must allow the person who is monitoring the system to locate the vehicle at all times and must allow the driver and the person to communicate with one another.

• Marginal note:Monitoring system

  (4) The carrier must ensure that a person is monitoring the tracking and communication system at all times while the explosives are being transported and will notify the police in case of an emergency.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Vehicle attended

• 199 (1) The carrier and the driver of a vehicle that contains Footnote ^*explosives must ensure that it is Footnote ^*attended in person when it is not at a licensed factory.

• Marginal note:Exception

  (2) However, up to 25 kg of high explosives (type E) and up to 100 detonators (type I) may be left unattended in a vehicle if

  • (a) the explosives have been removed from a factory magazine or licensed magazine for a specific purpose set out in their authorization;

  • (b) the explosives are stored in a Footnote ^*storage unit that has been serviced at the factory or magazine and is bolted or welded to the vehicle or, if the explosives are perforating guns, the guns are securely locked to the vehicle;

  • (c) no other item or substance that could increase the likelihood of an ignition is in the vehicle;

  • (d) a device or system is in place that will ensure that the vehicle is immobilized and that an alarm will alert the driver if an attempt is made to steal the explosives, tamper with the storage unit or tamper with or steal the vehicle; and

  • (e) if it is parked overnight, the vehicle is parked at least 30 m from any dwelling, highway or railway line and any place where flammable substances (for example, gasoline pumps, propane tanks or above-ground storage tanks for a flammable liquid or flammable gas) are stored.

• Marginal note:Leftover explosives

  (3) When the specific purpose for which the explosives were removed has been carried out or abandoned, the carrier and driver must ensure that any explosives remaining in the vehicle are stored in a factory or licensed magazine as soon as the circumstances permit.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Overnight parking

• 200 (1) If a vehicle that contains Footnote ^*explosives is to be parked overnight, the driver must park at a place where there is no open flame, match or any other thing that could increase the likelihood of an ignition. The distance between the parking place and any dwelling, any place where flammable substances (for example, gasoline pumps, propane tanks or above-ground storage tanks for flammable liquid or flammable gas) are stored and any area where people are likely to gather must be great enough to eliminate any possibility of harm to people and property in case of an ignition.

• Marginal note:Vehicle attended

  (2) The driver must ensure that the parked vehicle is Footnote ^*attended.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Accidents and incidents

• 201 (1) The driver of a vehicle that contains Footnote ^*explosives and is involved in an accident or incident that is likely to delay the delivery of the explosives must, as soon as the circumstances permit, notify the police, the shipper and the carrier of the accident or incident and of the delay.

• Marginal note:Report

  (2) The carrier must, as soon as the circumstances permit, report the accident or incident to an inspector. The carrier must ensure that any damaged explosives are transported as soon as the circumstances permit to any location that the Minister designates and any undamaged explosives are transported to their destination or to a safe and secure location as soon as the circumstances permit.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Transporting Explosives in a Means of Transport Other Than a Vehicle

Marginal note:Loading and unloading

• 202 (1) The carrier must ensure that, while Footnote ^*explosives are being loaded into or unloaded from a means of transport other than a vehicle, precautions that minimize the likelihood of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

• Marginal note:Precautions

  (2) The carrier must ensure that precautions that prevent unauthorized people from having access to the explosives during loading or unloading are taken, as well as precautions that prevent any person in the immediate vicinity from doing anything that might increase the likelihood of an ignition.

• Marginal note:Throwing or dropping explosives

  (3) The carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of the explosives.

• Marginal note:Securing explosives

  (4) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Confirmation — shipper

• 203 (1) Before delivering the Footnote ^*explosives to the carrier, the shipper must obtain confirmation from the intended recipient of the explosives that the explosives will be

  • (a) used on the same day they are delivered and Footnote ^*attended until they are used;

  • (b) stored in a factory magazine, licensed magazine, Footnote ^*storage unit or dwelling in accordance with these Regulations; or

  • (c) shipped immediately to the next recipient.

• Marginal note:Confirmation — carrier

  (2) A carrier must not load explosives into a means of transport other than a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Transportation by vessel

• 203.1 (1) Subject to subsection (3), no person shall, at a wharf or port facility, load onto or unload from a vessel packaged goods that contain 25 kg or more of Footnote ^*explosives unless

  • (a) the quantity of explosives does not exceed 20 000 kg and the explosives are loaded or unloaded by driving a single vehicle directly aboard a roll-on, roll-off cargo vessel immediately before departing, or driving it ashore immediately after arrival, on a last-on, first-off basis; or

  • (b) a quantified risk assessment that meets the requirements of subsection (5) has been conducted on the wharf or port facility where explosives of the types in question will be loaded or unloaded and an inspector has determined that the quantity of explosives to be loaded or unloaded does not exceed the maximum quantity permitted for each type of explosive and hazard category in the assessment report and the safety measures set out in the report are complied with.

• Marginal note:Additional safety measures

  (2) An inspector who makes the determination referred to in paragraph (1)(b) must impose any additional safety measures that are necessary for the safe loading and unloading of the explosives.

• Marginal note:Maximum waiting time

  (3) If explosives are loaded or unloaded under paragraph (1)(a), the maximum waiting time of the vehicle dockside is 30 minutes and during that time the vehicle must be parked as far as possible from all areas used by the general public or for the handling or storage of other cargo.

• Marginal note:Exception

  (4) Subsections (1) and (3) do not apply to explosives included in Class 1.4S of the International Maritime Dangerous Goods Code, published by the International Maritime Organization.

• Marginal note:Quantified risk assessment — requirements

  (5) The quantified risk assessment must meet the following requirements:

  • (a) its methodology must be approved by the Chief Inspector of Explosives;

  • (b) it must be conducted by a person who is qualified to carry out quantified risk assessments of Footnote ^*activities involving explosives;

  • (c) it must establish safety measures, including quantity limits, for loading and unloading the types of explosives in question, taking into account the hazard categories of the explosives;

  • (d) the safety measures must ensure that the risk of harm to people and property resulting from loading or unloading the explosives does not increase the risk to people who are not involved in loading or unloading the explosives or the risk to property; and

  • (e) the safety measures must be set out in a report that has been approved by an inspector.

• Marginal note:Approval of methodology — criteria

  (6) The Chief Inspector of Explosives must approve the methodology to be used in a quantified risk assessment if he or she determines that the methodology is capable of accurately calculating the risks to people and property resulting from the loading and unloading of explosives at the wharf or port facility to be assessed, taking into account

  • (a) the types of explosives that will be loaded or unloaded and the quantity of each type;

  • (b) the hazard categories of the explosives;

  • (c) the structure of the vessel onto which the explosives will be loaded or from which they will be unloaded;

  • (d) the distance between the explosives and people likely to be in the vicinity;

  • (e) the characteristics, proximity and use of the surrounding structures and infrastructure; and

  • (f) the activities that are likely to be carried out in the vicinity.

• Marginal note:Approval of report — criteria

  (7) An inspector to whom a quantified risk assessment report has been submitted must approve the report if he or she determines that the safety measures in it meet the requirements referred to in paragraphs (5)(c) and (d).