Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-10-24 and last amended on 2016-04-15. Previous Versions

PART 5Manufacturing 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).

DIVISION 1Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate

Interpretation

Marginal note:Definitions — sites and authorizations

 The following definitions relating to sites and authorizations apply in this Division.

client site

site client

client site means a blast site at which a mobile process unit is used to manufacture Footnote *explosives away from a factory or satellite site. (site client)

division 1 factory licence

licence de fabrique de la section 1

division 1 factory licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the manufacture of explosives at a factory. (licence de fabrique de la section 1)

satellite site

site satellite

satellite site means a site that is located away from a factory and at which explosives that are intended for use at a client site are manufactured and temporarily stored. (site satellite)

satellite site certificate

certificat de site satellite

satellite site certificate means a manufacturing certificate that is issued to the holder of a division 1 factory licence under paragraph 7(1)(c) of the Explosives Act and authorizes the manufacture of explosives at a satellite site. (certificat de site satellite)

Marginal note:Definitions — facilities

 The following definitions relating to facilities and equipment at factories, satellite sites or client sites apply in this Division.

factory magazine

poudrière de fabrique

factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique)

mobile process unit

unité de fabrication mobile

mobile process unit means a vehicle or portable machine that is used at a factory, satellite site or client site to carry out an explosives manufacturing operation. (unité de fabrication mobile)

process unit

unité de fabrication

process unit means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory. (unité de fabrication)

raw material storage facility

installation de stockage de matières premières

raw material storage facility means a facility where non-explosive raw material and packaging material are stored at a factory or satellite site. (installation de stockage de matières premières)

transport unit

unité de transport

transport unit means a vehicle or container in which Footnote *explosives or raw material are conveyed from one place to another at a factory or satellite site without using a public road. It includes a tow motor, forklift, wagon, handcart and basket, but does not include a conveyor or pipeline. (unité de transport)

Marginal note:Definitions — people

 The following definitions relating to people at factories, satellite sites or client sites apply in this Division.

competent person

personne compétente

competent person means a person who has been certified as trained in accordance with section 83. (personne compétente)

worker

travailleur

worker means a person who is at a factory or satellite site 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 1 factory licence. (travailleur)

SUBDIVISION aAuthorized Activities

Marginal note:Manufacture of explosives

  •  (1) A holder of a division 1 factory licence may manufacture Footnote *explosives if the holder complies with this section.

  • Marginal note:Type of explosive

    (2) Each explosive to be manufactured must be specified in the division 1 factory licence or a satellite site certificate.

  • Marginal note:Place of manufacture

    (3) Explosives must be manufactured at one of the following locations:

    • (a) the factory specified in the division 1 factory licence;

    • (b) a satellite site specified in a satellite site certificate; or

    • (c) a client site specified in the licence or a certificate.

  • Marginal note:Manufacturing operations and work

    (4) A manufacturing operation may be carried out in a process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate.

Marginal note:Acquisition, storage and sale of explosives

  •  (1) A holder of a division 1 factory licence may acquire and store Footnote *explosives and may sell explosives without a vendor magazine licence.

  • Marginal note:Compliance with Parts 10 to 18

    (2) A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site.

SUBDIVISION bApplication

Marginal note:Information

  •  (1) An applicant for a division 1 factory licence or a satellite site 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 a licence or a certificate is requested 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;

    • (b) each type of Footnote *explosive to be manufactured;

    • (c) if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end;

    • (d) the address of the factory or satellite site; and

    • (e) the name, address, telephone number, fax number and email address of a contact person at the factory or satellite site.

  • Marginal note:Plans and sketches

    (2) The application must include the following documents:

    • (a) a factory site and area plan or a satellite site and area plan that shows

      • (i) the topography of the site,

      • (ii) the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility,

      • (iii) the location of any other building or structure, and

      • (iv) the distance in metres between each process unit, factory magazine, raw material storage facility, building and structure;

      • (v) 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,

      • (vi) each Footnote *vulnerable place within that area, and

      • (vii) the distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility;

    • (b) layout sketches, diagrams or drawings that show

      • (i) the workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility,

      • (ii) the equipment to be used in each process unit, including piping and instrumentation diagrams and equipment layout drawings, and

      • (iii) the manufacturing operations to be carried out, including process flow sheets or process schematic drawings.

  • Marginal note:Site description

    (3) The application must include the following information about the factory or satellite site:

    • (a) its geographical coordinates;

    • (b) the size of, and construction materials used for, each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning;

    • (c) a description of all site and building security features (for example, fencing, barriers and warning signs);

    • (d) a description of the principal manufacturing equipment to be used and its safety features;

    • (e) a description of each mobile process unit to be used;

    • (f) a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; and

    • (g) a description of any safety features at the site to be put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout panels, means of blast containment, barriers, alarms or pressure relief and control systems).

  • Marginal note:Client site

    (4) If the manufacture of explosives is to be carried out at a client site, the application must include the following information:

    • (a) the name, address, telephone number, fax number and email address of a contact person at the client site;

    • (b) a description of the client site;

    • (c) the distance in kilometres between the factory and the client site; and

    • (d) the distance in kilometres between any satellite site and the client site.

  • Marginal note:Explosives description

    (5) The application must include a description that sets out,

    • (a) for each explosive to be manufactured at the factory, a satellite site or a client site,

      • (i) its Footnote *product name and its UN proper shipping name,

      • (ii) the date on which the explosive was authorized or its authorization file number,

      • (iii) its UN number, and

      • (iv) its hazard category; and

    • (b) for each explosive to be stored at the factory or a satellite site,

      • (i) its UN proper shipping name,

      • (ii) its UN number, and

      • (iii) its hazard category.

  • Marginal note:Manufacturing operations description

    (6) The application must include the following information about manufacturing operations:

    • (a) a description of the operations to be carried out in each process unit and factory magazine;

    • (b) a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure;

    • (c) the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive;

    • (d) the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time;

    • (e) the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; and

    • (f) the minimum distance in metres that must be maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

  • Marginal note:Security plan

    (7) If type E, I or D explosives are to be manufactured or stored, the application must include a security plan that includes the following information:

    • (a) an assessment of the security risks resulting from the presence of the explosives at the factory, satellite site or client site;

    • (b) a description of the measures that will be taken to minimize those risks;

    • (c) a description of the procedures that will be followed to respond to security incidents; and

    • (d) a description of the procedures that will be followed to report security incidents.

  • Marginal note:List of documents

    (8) The application must include a list of the following documents, along with the dates on which they were made and the dates of any amendments:

    • (a) any environmental assessment of the factory, satellite site or client site or of the operations to be carried out there;

    • (b) the documents that set out the rules, procedures and protocols designed to ensure compliance with the Explosives Act, these Regulations and the licence, including

      • (i) operating procedures,

      • (ii) maintenance procedures,

      • (iii) training manuals,

      • (iv) emergency response plans, and

      • (v) spill contingency plans;

    • (c) if manufacturing operations are to be carried out in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry;

    • (d) if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; and

    • (e) if explosives are to be destroyed, a document that sets out the method of destruction to be used.

  • Marginal note:Identifier

    (9) Every process unit, factory magazine, raw material storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application.

  • Marginal note:Scale drawing

    (10) Every drawing, sketch or plan must be drawn to scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend.

  • SOR/2016-75, ss. 39, 40.
 
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