Explosives Regulations, 2013 (SOR/2013-211)

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 compatible with the 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.

Marginal note:Containers

• 65 (1) All raw material, 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: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 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 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.

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 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 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.

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 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.

Marginal note:Maintenance

• 68 (1) Every process unit, factory magazine and transport unit and all equipment that is used to manufacture 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 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.

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 explosives and indicate the precautions that must be taken to eliminate the possibility of an accidental ignition.

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 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.

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 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 manufacture and the shift during which it was manufactured, if any, or its lot number;

  • (c) its 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”, or other descriptive wording, 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, F.4 or F.5, 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 or container of every industrial explosive.

• Marginal note:Exception

  (5) Subsection (4) does not apply to

  • (a) the outer packaging or containers of industrial explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container;

  • (b) containers holding industrial explosives in bulk;

  • (c) intermediate bulk containers holding industrial explosives in bulk; or

  • (d) plastic bags that meet the requirements of UN packaging code 5H1, 5H2, 5H3 or 5H4.