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Explosives Regulations, 2013 (SOR/2013-211)

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

PART 5Manufacturing Explosives (continued)

DIVISION 3Manufacturing that Does Not Require a Licence or Certificate

Marginal note:Restriction

 A person who manufactures an explosive under the authority of this Division must comply with Parts 10 to 18.

Marginal note:Experiments

  •  (1) A school, college, university or other learning institution, or a law enforcement or government agency, that complies with subsection (2) may manufacture up to 50 g of explosives for the purposes of an experiment, demonstration, test or analysis.

  • Marginal note:Requirements

    (2) The institution or agency must ensure that the following requirements are met:

    • (a) the manufacturing must be carried out with the consent of the management of the institution or agency by one of its employees or by a person who is at all times under the direct supervision of an employee;

    • (b) the employee must know how to carry out the manufacturing in a manner that minimizes the likelihood of harm to people and property and be aware of the precautions that must be taken to minimize the likelihood of harm to people and property;

    • (c) every person who carries out the manufacturing must be at least 18 years old;

    • (d) precautions that will eliminate any possibility of an accidental ignition must be taken;

    • (e) explosives must not be removed from the location where they are manufactured except for the purpose of destroying them; and

    • (f) all explosives must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

Marginal note:Assembling explosives for use

  •  (1) A person who complies with subsection (2) may assemble explosives by combining explosive articles (for example, a detonator with a booster, a detonating cord with an explosive cartridge or fireworks with fireworks accessories) at the place where the explosives will be used.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosive articles must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the explosive articles must not be altered, except that cartridges may be cut or slit and detonating cord and fuses may be cut or trimmed; and

    • (c) precautions that minimize the likelihood of an accidental ignition must be taken.

Marginal note:Christmas crackers

  •  (1) A person who complies with subsection (2) may assemble Christmas crackers.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the snap to be used in the cracker must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the amount of explosive in each cracker must be less than 2 mg; and

    • (c) precautions that minimize the likelihood of an accidental ignition must be taken.

Marginal note:Underground activities

  •  (1) A person who complies with subsection (2) may carry out any of the following activities underground at an underground mine or underground construction project:

    • (a) pneumatically transferring explosives;

    • (b) pumping, thickening or gassing either emulsion explosives or water gel explosives while charging boreholes; or

    • (c) blending emulsion explosives or water gel explosives with ammonium nitrate or ammonium nitrate/fuel oil mixtures while charging boreholes.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the equipment used to pump, thicken, gas or blend emulsion explosives or water gel explosives must be designed to minimize the likelihood of an ignition, including an ignition resulting from pumping against a blocked outlet or from running the pump without any feed;

    • (c) all progressive cavity pumps must be equipped with at least two independent safety shutdown systems to prevent an excessive rise in temperature;

    • (d) if the person is assisted by another person, the other person must be trained to operate the equipment;

    • (e) a preventive maintenance procedure must be put in place for the equipment, including the pumps;

    • (f) maintenance must be performed by workers who are knowledgeable about the equipment to be maintained; and

    • (g) precautions that minimize the likelihood of an ignition must be taken.

Marginal note:Pneumatic transfer of explosives

  •  (1) A person who complies with subsection (2) may pneumatically transfer explosives at a surface mine or a quarry.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the device used for pneumatic charging must have a maximum capacity of 100 kg and the explosives used in the pneumatic charging must be in bags, each with a maximum capacity of 30 kg; and

    • (c) precautions that minimize the likelihood of an ignition must be taken.

Marginal note:Multi-ingredient kits

  •  (1) A person who complies with subsection (2) may mix together the ingredients of a multi-ingredient kit.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the kit must be on the list of authorized explosives referred to in subsection 41(1);

    • (b) the mixing must be carried out at the place where the explosive to be manufactured will be used;

    • (c) precautions that minimize the likelihood of an ignition must be taken;

    • (d) if the explosive to be manufactured is classified as type F.3, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician; and

    • (e) if the explosive to be manufactured is a special purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician or a licence issued under the Firearms Act.

      Note: Section 10 provides that a person must be at least 18 years old to carry out an activity involving an explosive.

Marginal note:Spills or accidents

  •  (1) A person who complies with subsection (2) may remove explosives from, or repackage explosives at, the site of an accident or spill.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) precautions that minimize the likelihood of an ignition must be taken;

    • (b) any packaging used must prevent the explosives involved from leaking or spilling and minimize the likelihood of an accidental ignition; and

    • (c) the Chief Inspector of Explosives must be notified of the accident or spill within 12 hours after the removal or repackaging begins.

Marginal note:Emergency response assistance plan

  •  (1) A person who complies with subsection (2) may pump explosives numbered UN 0332 and classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations classified as Class 1.5, Compatibility Group D under the Transportation of Dangerous Goods Regulations in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) written permission must be obtained from a holder of a division 1 factory licence that authorizes the manufacture of blasting explosives in bulk to store the pumped explosives at the holder’s factory and to decontaminate the pumping equipment there;

    • (b) an air-powered diaphragm pump that is safe for pumping the explosives must be used;

    • (c) the explosives and contaminated equipment must be stored at the factory; and

    • (d) a copy of the follow-up report that is required under section 8.3 of the Transportation of Dangerous Goods Regulations must be submitted to the Chief Inspector of Explosives within 30 days after the date on which the explosives are pumped.

Marginal note:Industrial explosives

  •  (1) A person who complies with subsection (2) may destroy deteriorated, expired or misfired industrial explosives by placing them in a borehole with other explosives and igniting the other explosives.

  • Marginal note:Requirements

    (2) The person who carries out the activity must ensure that the following requirements are met:

    • (a) the explosives to be destroyed and the other explosives must have similar properties (for example, similar density and propensity to detonate); and

    • (b) the presence of the other explosives at the time of the ignition must not increase the likelihood of harm to people or property.

Marginal note:Destruction

 A government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an explosive if it does so in the course of its duties.

PART 6Magazine Licences and Storage in a Licensed Magazine

Marginal note:Overview

 This Part sets out how to obtain a vendor magazine licence, a user magazine licence or a user magazine zone licence. It also sets out the rules applicable to holders of these licences.

Marginal note:Definitions

 The following definitions apply in this Part.

distribution establishment

distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. (établissement de distribution)

magazine site

magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. (site de poudrière)

retail establishment

retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. (établissement de vente au détail)

user magazine licence

user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. (licence de poudriére (utilisateur))

user magazine zone licence

user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. (licence de poudrière (utilisateur-zone))

vendor magazine licence

vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. (licence de poudrière (vendeur))

  • SOR/2016-75, s. 13

Application

Marginal note:Application for magazine licence

  •  (1) An applicant for a magazine licence 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 vendor magazine licence, a user magazine licence or a user magazine zone licence 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) the address and geographical coordinates of the magazine site;

    • (c) the number of magazines for which the licence is requested;

    • (d) the quantity of each type of explosive to be stored in each magazine;

    • (e) if the application is for a vendor magazine licence, an indication of whether the site will be a retail establishment or a distribution establishment; and

    • (f) if the site will be a distribution establishment, an indication of whether explosives will be repackaged there.

  • Marginal note:Site plan

    (2) The application must include the following documents:

    • (a) a plan of the magazine site that shows

      • (i) the location of each magazine and each vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, and

      • (ii) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and

    • (b) if one or more magazines occupies only a part of a building or structure, a drawing that shows the location of each magazine in the building or structure and the location of each entrance to and exit from the room or area in which each magazine is located and to which the public has access.

  • Marginal note:Site description

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

    • (a) a description of the proposed use of the site and the proposed use of each building and structure at the site;

    • (b) the distance in metres between each magazine and any potential source of ignition at the site;

    • (c) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;

    • (d) the minimum distance in metres that must be maintained between each magazine at the site and each vulnerable place shown on the site 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;

    • (e) a description of the safety and security features of the site (for example, signs, alarm systems, barriers, fencing and berms); and

    • (f) for each magazine at the site,

      • (i) the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources,

      • (ii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives, as amended from time to time or, if the magazine does not correspond to any of those types, its specifications, including its construction materials and its safety and security features, and

      • (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 m.

  • Marginal note:Fire safety plan

    (4) The application must include a fire safety plan that sets out

    • (a) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire;

    • (b) the emergency procedures to be followed in case of a fire, including

      • (i) activation of the alarms,

      • (ii) notification of the fire department, and

      • (iii) evacuation procedures, including evacuation routes and safe assembly places;

    • (c) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought; and

    • (d) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan.

  • Marginal note:Site security plan

    (5) If type E, I or D explosives are to be stored at the site, the application must include a security plan that includes

    • (a) an assessment of the security risks resulting from the presence of explosives at the site;

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

    • (c) a description of the procedures to be followed in response to security incidents; and

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

  • Marginal note:Marine flare destruction plan

    (6) If the site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, the application must include a plan for destroying expired marine flares that are returned to the site. The plan must set out where and how the marine flares will be stored and destroyed.

  • Marginal note:Identifier

    (7) Every magazine and vulnerable place that is shown on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description.

  • Marginal note:Scale drawing

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

  • Marginal note:Initial site

    (9) If the application is for a user magazine zone licence, the requirements of subsections (1) to (8) apply to the initial magazine site.

  • Marginal note:Fees

    (10) An applicant for a magazine licence must pay the applicable fees set out in Part 19.

 

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