Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-11-20 and last amended on 2018-11-02. Previous Versions

PART 9Transporting Explosives (continued)

Marginal note:Explosive quantity

 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).

Marginal note:Driver who is not a carrier

 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

[SOR/2018-231, s. 21]

Marginal note:List of explosives

  •  (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.

  • SOR/2016-75, s. 21;
  • SOR/2018-231, s. 22.

Transporting Explosives in a Vehicle

Marginal note:Vehicle requirements

  •  (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.

  • SOR/2016-75, s. 38;
  • SOR/2018-231, s. 23.
 
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