PART 5Manufacturing Explosives (continued)
DIVISION 1Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate (continued)
SUBDIVISION dRequirements for Workers, Visitors and Other People (continued)
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: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.
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.
(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
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 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 means a building, room or area where an activity involving the manufacture of Footnote *explosives, including their storage, is carried out. (lieu de travail)
- SOR/2016-75, ss. 11, 38.
SUBDIVISION aAuthorized Activities
Marginal note:Authorized activities
107 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;
(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).
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.
(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.
(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.
(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.
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;
(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;
(h) the distance in metres between the workplace and each vulnerable place.
(3) The applicant for a division 2 factory licence or a manufacturing certificate must pay the applicable fees set out in Part 19.
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