Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Detonators

• 192 (1) When detonators are to be transported in a vehicle that contains other 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.

Marginal note:Sound mechanical condition

• 193 (1) The carrier must ensure that the vehicle to be used to transport 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.

Marginal note:Loading and unloading

• 194 (1) The carrier must ensure that, while 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.

Marginal note:Confirmation — shipper

• 195 (1) Before delivering the 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 attended in person until they are used;

  • (b) stored in a factory magazine, licensed magazine, 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.

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 explosives.

• Marginal note:No smoking

  (2) A person must not smoke while they are in a vehicle that contains explosives, or while they are 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.

Marginal note:Obtaining assistance

197 The carrier must ensure that the driver of a vehicle transporting more than 2 000 kg of 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.

Marginal note:Tracking and communication systems

• 198 (1) If a vehicle — other than a vehicle in which a 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.

Marginal note:Vehicle attended

• 199 (1) The carrier and the driver of a vehicle that contains explosives must ensure that it is 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 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.

Marginal note:Overnight parking

• 200 (1) If a vehicle that contains 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 attended.