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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2024-02-20 and last amended on 2023-06-03. Previous Versions

PART 5Manufacturing Explosives (continued)

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

SUBDIVISION cRequirements for Holders of Division 1 Factory Licences (continued)

Marginal note:Use at client site

  •  (1) A mobile process unit may be used to manufacture explosives at a client site, but only if the unit and the site are both specified in the division 1 factory licence or satellite site certificate.

  • Marginal note:Manufacturing operations

    (2) All manufacturing operations at a client site must be carried out by a competent person.

  • Marginal note:Precautions

    (3) Before manufacturing operations begin, every one at the client site must be informed of the precautions that must be taken while dewatering, driving over loaded boreholes, handling charging hose and carrying out charging operations.

  • Marginal note:Hazards

    (4) Any thing or activity that could increase the likelihood of an accidental ignition must not be allowed within 15 m of a mobile process unit and its charging hose.

  • Marginal note:Performance-diminishing substance

    (5) A person must not be permitted to be within 15 m of a mobile process unit and its charging hose while the unit is operating if there are reasonable grounds to believe that the person is under the influence of or is carrying alcohol or another performance-diminishing substance. A person who has taken a prescription drug may be permitted to enter the area if they have medical proof that the drug is needed and will not impede their ability to function safely.

  • Marginal note:No smoking

    (6) A person must not be permitted to smoke within 15 m of a mobile process unit and its charging hose.

  • Marginal note:Thunderstorms

    (7) On the approach of a thunderstorm, if a mobile process unit is at the surface at a client site, all manufacturing operations in the unit must be shut down and all people in the vicinity of the unit must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return to the vicinity of the unit.

Marginal note:Packaging at satellite or client site

  •  (1) Blasting explosives in bulk that are manufactured in a mobile process unit may be packaged at a satellite or client site, but only if the explosives

    • (a) have been removed to prepare the unit for cleaning or decontamination;

    • (b) are to be used as samples for laboratory analysis;

    • (c) have been used to calibrate the process equipment;

    • (d) are to be used to charge boreholes that the unit cannot access during its operations at a client site; or

    • (e) are to be used to charge boreholes that present unforeseen conditions rendering their use unsafe if they are left unpackaged.

  • Marginal note:Packaging

    (2) The packaging must prevent the explosives from leaking or spilling and minimize the likelihood of an accidental ignition.

SUBDIVISION dRequirements for Workers, Visitors and Other People

Factory and Satellite Site

Marginal note:Authorization to enter

  •  (1) Before entering a factory or satellite site, every worker who is not an employee and every visitor must obtain the authorization of the holder of the division 1 factory licence. A visitor must be at least 17 years old.

  • Marginal note:Visitors

    (2) While at a factory or satellite site, a visitor must remain under the supervision of a competent person, unless the holder has reasonable grounds to believe that the visitor understands the hazards to which the visitor could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.

  • Marginal note:Performance-diminishing substance

    (3) A worker or visitor who is under the influence of or is carrying alcohol or another performance-diminishing substance must not enter a factory or satellite site. However, a worker or visitor who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to carry out their functions or to visit safely.

  • SOR/2018-231, s. 13

Marginal note:Personal protective equipment

  •  (1) Every worker and visitor at a factory or satellite site must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

  • Marginal note:Hair, clothing and accessories

    (2) Every worker and visitor must confine or cover any loose hair and confine, cover or remove any loose clothing, jewelry or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

  • Marginal note:Electronic devices

    (3) Every worker and visitor must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of a factory or satellite site where the device, if activated, could increase the likelihood of an ignition.

Marginal note:Precautions

  •  (1) Every worker and visitor at a factory or satellite site must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

  • Marginal note:No smoking

    (2) Workers and visitors must not smoke at a factory or satellite site.

Marginal note:Worker qualifications

 A worker at a factory or satellite site may carry out a task only if they

  • (a) have been trained in that task and understand the hazards to which they could be exposed; or

  • (b) are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

Client Sites

Marginal note:Performance-diminishing substance

  •  (1) A person at a client site must not be within 15 m of an operating mobile process unit and its charging hose if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter the area if they have medical proof that they need the drug and that it will not impede their ability to function safely.

  • Marginal note:Hazards

    (2) A person at a client site must not be in possession of any thing, or carry out any activity, within 15 m of a mobile process unit and its charging hose if the thing or activity could increase the likelihood of an accidental ignition.

DIVISION 2Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

competent person

competent person means a person described in subsection 122(2). (personne compétente)

division 2 factory licence

division 2 factory licence means a licence that is issued by the Minister under paragraph 7(1)(a) of the Explosives Act authorizing a manufacturing activity referred to in section 53 at a workplace. (licence de fabrique de la section 2)

manufacturing certificate

manufacturing certificate means a certificate that is issued by the Minister under paragraph 7(1)(c) of the Explosives Act and authorizes an activity referred to in section 107 at a workplace. (certificat de fabrication)

worker

worker means a person who is at a workplace 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 2 factory licence. (travailleur)

workplace

workplace means a building, room or area where an activity involving the manufacture of explosives, including their storage, is carried out. (lieu de travail)

SUBDIVISION aAuthorized Activities

Marginal note:Authorized activities

  •  (1) A holder of a division 2 factory licence or manufacturing certificate may carry out those of the following activities that are specified in the licence or certificate at a workplace specified in the licence or certificate:

    • (a) in the case of the owner of a surface mine or quarry, the blending of ammonium nitrate and fuel oil at a blast site at the mine or quarry;

    • (b) the manufacture of small arms cartridges for sale, and the storage of up to 225 kg of explosives contained in the cartridges and up to 75 kg of propellant powder in bulk to be used in manufacturing the cartridges;

    • (c) the manufacture of any explosives for the purpose of conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution or by a law enforcement or government agency and the storage of up to 5 kg of the manufactured explosives;

    • (d) the manufacture of any explosives for the purpose of conducting an experiment, test or analysis by a private or commercial laboratory and the storage of up to 5 kg of the manufactured explosives;

    • (e) the manufacture of consumer fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;

    • (f) the manufacture of display fireworks for personal use and the storage up to 25 kg of the manufactured fireworks;

    • (g) the manufacture of rocket motors for personal use and the storage of up to 25 kg of manufactured rocket motors and propellant powder (combined quantity) to be used in manufacturing the motors;

    • (h) the manufacture and storage of black powder charges for ceremonial use;

    • (i) the preparation and storage of display fireworks at a location other than the site of the display;

    • (j) the mixing of non-explosive components for the purpose of manufacturing industrial explosives at the site where they will be used;

    • (k) the preparation and packaging of assortments of explosives for the purpose of sale by a person who does not hold a vendor magazine licence; or

    • (l) any other activity relating to the manufacture and storage of explosives (for example, assembling a net-throwing device for sale, re-packing deteriorated explosives or destroying explosives).

  • Marginal note:Transportation of black powder charges

    (2) For the purpose of transporting black powder charges manufactured under paragraph (1)(h), the charges are classified as UN 0027.

Marginal note:Acquisition

  •  (1) A holder of a manufacturing certificate may acquire an explosive if it is specified in the certificate and will be used to manufacture another explosive whose manufacture is authorized by the certificate.

  • Marginal note:Storage

    (2) A holder of a division 2 factory licence or manufacturing certificate that authorizes the storage of an explosive must comply with the terms and conditions of the licence or certificate. The holder must also comply with the provisions that apply to storage in Parts 10 to 18. However, they are not required to comply with those provisions if the explosive is stored at the workplace.

  • Marginal note:Sale

    (3) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of an explosive for sale may sell that explosive. The holder must comply with the terms and conditions of the licence or certificate and with the provisions that apply to sale in Parts 10 to 18.

  • Marginal note:Use

    (4) A holder of a division 2 factory licence or manufacturing certificate that authorizes the manufacture of fireworks must comply with the provisions that apply to the use of fireworks in Parts 16 to 18.

SUBDIVISION bApplication

Marginal note:Application for licence or certificate

  •  (1) An applicant for a division 2 factory licence or a manufacturing 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 the application is for a licence or a certificate 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) the type of explosive, and the quantity, to be manufactured or stored;

    • (c) if the application is for a certificate, the period for which the certificate is requested;

    • (d) a description of the workplace, all equipment in the workplace that is related to the manufacture of explosives and all protective barriers in the workplace;

    • (e) a description of all equipment in the workplace that is not related to the manufacture of explosives, but could increase the likelihood of an ignition; and

    • (f) the number of people authorized in the workplace when explosives are present.

  • Marginal note:Site plan

    (2) The application must include a site plan that shows

    • (a) the location of the workplace within any building or structure;

    • (b) the topography of any outdoor area included in the workplace;

    • (c) the location of the barriers and equipment described in paragraphs (1)(d) and (e); and

    • (d) the distance in metres between the barriers and equipment described in paragraphs (1)(d) and (e).

    • (e) the location of the workplace within the locality;

    • (f) 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;

    • (g) each vulnerable place within that area; and

    • (h) the distance in metres between the workplace and each vulnerable place.

  • Marginal note:Fees

    (3) The applicant for a division 2 factory licence or a manufacturing certificate must pay the applicable fees set out in Part 19.

SUBDIVISION cRequirements for Holders

Workplace

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to the workplace set out in sections 111 to 115 are met in the workplace.

Marginal note:Means of escape

  •  (1) The workplace must have a means of escape that will permit all people in the workplace to leave it quickly and easily in an emergency.

  • Marginal note:Lighting, electrical and heating systems

    (2) The lighting, electrical and heating systems that are used in the workplace must not increase the likelihood of an ignition.

Marginal note:Compatibility

  •  (1) Every thing that is in a workplace must be made from materials that are compatible with the explosives and raw material in the workplace.

  • Marginal note:Incompatible things

    (2) However, a thing that is not compatible with an explosive or raw material in the workplace but is required for manufacturing may be brought to the workplace for immediate use. It must be removed as soon as the circumstances permit after its use, unless the division 2 factory licence or manufacturing certificate authorizes its storage in the workplace.

  • Marginal note:Open-flame device

    (3) An open-flame device or open-element electrical appliance must not be stored in a part of the workplace where explosives are being manufactured.

 

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