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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 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:Process unit records

  •  (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

  •  (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

  •  (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

 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

 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

  •  (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

 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

 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

  •  (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”, 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 or F.4, 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 of every industrial explosive.

Safety of Workers and Visitors

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the worker and visitor safety requirements set out in sections 76 to 79 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Access

  •  (1) Only people authorized by the holder of a division 1 factory licence may have access to the factory or a satellite site.

  • Marginal note:Orientation sessions

    (2) A visitor may be authorized to enter the factory or a satellite site only if they have attended an orientation session on visitor safety within the 12 months before the date on which they enter. If any of the safety procedures have changed since their last orientation session, they must attend a new session before their entry is authorized.

  • Marginal note:Visitors — general public

    (3) A visitor may be authorized to enter any part of the factory or a satellite site if they are at least 17 years old and remain under the supervision of a competent person.

Marginal note:Lists of personal protective equipment

  •  (1) Up-to-date lists of the personal protective equipment, clothing and devices that are needed to protect workers and visitors from the hazards to which they could be exposed while at the factory or a satellite site must be maintained and must be made available to all workers and visitors.

  • Marginal note:Personal protective equipment

    (2) Every worker and visitor must be required to wear the personal protective equipment, clothing and devices that are needed to protect them.

  • Marginal note:Hair, clothing and accessories

    (3) Every worker and visitor must be required to confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery 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

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

Marginal note:Performance-diminishing substance

 A worker or visitor must not be authorized to enter the factory or a satellite site if there are reasonable grounds to believe that they are under the influence of or carrying alcohol or another performance-diminishing substance. However, a worker or visitor who has taken a prescription drug may be permitted to enter if they have medical proof that the drug is needed and that it will not impede their ability to carry out their functions or to visit safely.

Marginal note:No smoking

  •  (1) Smoking must be prohibited at the factory and any satellite site.

  • Marginal note:No fire-producing devices

    (2) Fire-producing devices (for example, matches and lighters) must not be permitted in the factory or any satellite site unless they are authorized by the division 1 factory licence or satellite site certificate.

Training

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the training requirements for workers set out in sections 81 to 84 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Employees’ qualifications

 Every employee at a factory or satellite site must be required to meet the following requirements:

  • (a) they must be a competent person; or

  • (b) they must be at least 17 years old, participating in the training program referred to in section 82 and under the direct supervision of a competent person.

Marginal note:Training program

  •  (1) Every employee must be trained to carry out their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person.

  • Marginal note:Contents of training

    (2) The training must include all information necessary to ensure the security of the factory or satellite site and the safety of the employee, other people at the factory or site and the general public. It must also include a review of the Explosives Act, these Regulations and the division 1 factory licence or satellite site certificate.

Marginal note:Certification

  •  (1) A holder of a division 1 factory licence must certify as trained any employee who is at least 18 years old if

    • (a) the employee has completed the training referred to in section 82; or

    • (b) the holder has reasonable grounds to believe that the employee understands the hazards to which they could be exposed at the factory or satellite site and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the site.

  • Marginal note:Form and contents

    (2) Evidence of an employee’s certification may be either a training record or a document signed by the person who provided the training or, in the case provided for in paragraph (1)(b), by the holder of the division 1 factory licence. It must be given to the employee and record the employee’s name, the operating procedures the employee is competent to carry out and the date on which the certification will expire.

  • Marginal note:Expiry

    (3) An employee’s training certification must expire not more than five years after the date of the certification. If a change occurs in the operating procedures for which the employee was certified, the employee must be trained in the new operating procedures but the expiry date of the certification must remain the same.

  • Marginal note:Records

    (4) A training record and a record of work experience must be made and kept up to date for each employee at the factory or satellite site where they perform their duties. These records must be kept for two years after the date on which the employee’s certification expires.

 

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