Explosives Regulations, 2013 (SOR/2013-211)

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).

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

PART 10Military Explosives and Law Enforcement Explosives

Marginal note:Overview

204 This Part authorizes the acquisition, storage and sale of military explosives (type D) and law enforcement explosives (type D) and sets out the rules for sellers and users.

Marginal note:Definitions

205 The following definitions apply in this Part.

law enforcement agency

law enforcement agency means a police force, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi)

licence

licence means a licence that authorizes the storage of the military explosives or law enforcement explosives to be sold or acquired. (licence)

user

user means a person, or a law enforcement agency, that acquires military explosives or law enforcement explosives for use. (utilisateur)