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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:Training and supervision

 Every worker at a factory or satellite site who is not an employee must

  • (a) be trained to carry out their work in a manner that is safe and lawful and ensures the security of the factory or satellite site; and

  • (b) remain under the supervision of a competent person while at the factory or satellite site, unless the holder of the division 1 factory licence has reasonable grounds to believe that the worker understands the hazards to which the worker 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.

  • SOR/2018-231, s. 12
Operation of the Factory or Satellite Site

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the operational requirements set out in sections 86 to 91 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Operating procedures

  •  (1) Operating procedures, including procedures to minimize the likelihood of an accidental ignition, must be put in place for every manufacturing operation.

  • Marginal note:Update of procedures

    (2) The operating procedures must be kept up to date and reviewed annually. If a manufacturing operation is to be changed, the procedures for carrying out that operation must be reviewed and modified as needed before the change is implemented.

Marginal note:Management of change

  •  (1) Before any temporary or permanent technological or organizational change to manufacturing operations is implemented, an evaluation of the risk that the change could increase the likelihood of an ignition or a security incident must be carried out and a management of change procedure must be put in place for each change that could increase the likelihood of an ignition or a security incident.

  • Marginal note:Approval of change

    (2) Each change must be approved by the holder of the division 1 factory licence before it is made.

  • Marginal note:Record

    (3) A record of each change must be kept for two years after the date on which the change is made.

Marginal note:Security plan

  •  (1) If a security plan was included in the application for a division 1 factory licence or a satellite site certificate, it must be implemented and a copy of the plan must be kept at the factory or satellite site.

  • Marginal note:Change of circumstance

    (2) The security plan must be updated to reflect any change in circumstances that could adversely affect the security of the factory or satellite site. A copy of the updated plan must be kept at the factory and satellite site and another copy must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.

  • Marginal note:Copy

    (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Marginal note:Audits

  •  (1) All operating procedures must be routinely audited. Every audit must include the following verifications:

    • (a) whether facilities and equipment are being operated and maintained in a manner that ensures the security of the factory or satellite site and minimizes the likelihood of harm to people and property; and

    • (b) whether these Regulations and the terms and conditions of the division 1 factory licence and any satellite site certificate are being complied with.

  • Marginal note:Corrections

    (2) Any deficiency found during an audit must be corrected as soon as the circumstances permit.

  • Marginal note:Record

    (3) A record of each audit must be made and the record must include a copy of the action plan to correct any deficiencies found and set out the corrections made. It must be kept for two years after the date on which the audit is conducted.

  • Marginal note:Audit procedure

    (4) A procedure must be put in place to ensure that the audits are conducted in a complete and timely manner.

Marginal note:Records

  •  (1) A record of each explosive in the factory or at a satellite site (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive,

    • (a) the product name and a short description of the explosive and its properties;

    • (b) if the explosive was received, the quantity received and the date of reception;

    • (c) if the explosive was used to manufacture another explosive, the quantity used and the date of use;

    • (d) if the explosive was manufactured at the factory or a satellite site, the quantity manufactured and the date of manufacture;

    • (e) if the explosive was stored, the quantity stored, the magazine in which it was stored and the dates on which it was placed in and removed from the magazine;

    • (f) if the explosive was shipped from the factory or a satellite site, the quantity shipped, the date of shipment and the name and address of the person to whom it was shipped; and

    • (g) if the explosive was destroyed at the factory, the quantity destroyed and the date of destruction.

  • Marginal note:Inventory control systems

    (2) Any system used for inventory control or tracking of an explosive must not increase the likelihood of an ignition.

Marginal note:Copy — licence and certificates

  •  (1) A copy of the division 1 factory licence and all documents referred to in the licence must be kept at the factory. A copy of the satellite site certificate and all documents referred to in the certificate must be kept at each satellite site.

  • Marginal note:Copy — this Division

    (2) A copy of this Division must be made available to workers at the factory and each satellite site.

  • Marginal note:Copy — operating procedures

    (3) A copy of the operating procedures for each process unit, factory magazine and transport unit must be kept in the unit or magazine to which they relate and must be made available to the workers.

Mobile Process Units

Marginal note:Responsibilities of licence holder

 A holder of a division 1 factory licence must ensure that the mobile process unit requirements set out in sections 93 to 100 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Structural requirements

  •  (1) Every mobile process unit must be designed and constructed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be compatible with the explosives to be manufactured and transported and with the raw material to be used.

  • Marginal note:Means of escape

    (2) Every mobile process unit must have a means of escape that will permit all people in the unit to leave it quickly and easily in an emergency.

  • Marginal note:Equipment

    (3) All tools, equipment, hoses and hydraulic systems in or on a mobile process unit must be designed, constructed and installed to conform to good engineering practices.

  • Marginal note:Compatibility

    (4) Every thing that is in or on a mobile process unit must be made from materials that are compatible with the explosives and raw material with which they could come into contact during manufacturing operations.

  • Marginal note:Control of safety-critical parameters

    (5) 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:Foreign matter

  •  (1) 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:Loading and unloading

    (2) Explosives and raw material must not be loaded into or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown, unloading may be carried out at the location of the breakdown if the Minister is notified of the breakdown and determines that precautions that minimize the likelihood of ignition have been taken.

  • Marginal note:Loaded units to be attended

    (3) A mobile process unit that contains explosives must be attended in person except when it is at the factory or a satellite site.

  • Marginal note:Storage — contaminated units

    (4) A mobile process unit that has not been decontaminated must be kept at the location specified in the licence or certificate.

  • Marginal note:Tanks and hoppers

    (5) The explosives and raw material in the tanks and hoppers on a mobile process unit must be unloaded if the unit will not be used for three consecutive days. However, the fuel oil tank and prill hopper do not have to be unloaded.

Marginal note:Unit unused

  •  (1) A mobile process unit must be cleaned if it will not be used, or has not been used, for 30 consecutive days.

  • Marginal note:Removal from service

    (2) A mobile process unit must be decontaminated before it is removed from service.

  • Marginal note:Decontamination

    (3) All decontamination of a mobile process unit must be carried out at the factory specified in the division 1 factory licence. After decontamination, a unit must be inspected by a supervisor to verify that it no longer contains any explosives.

  • Marginal note:Destruction of waste

    (4) 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:Operating procedures

  •  (1) Operating procedures, including procedures to minimize the likelihood of an ignition, must be put in place for every manufacturing operation to be carried out in a mobile process unit.

  • Marginal note:Copy

    (2) A copy of the operating procedures for each mobile process unit must be kept in the unit and must be made available to workers.

Marginal note:Process unit records

  •  (1) A record must be made for each period during which a mobile 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) the dates on which the period of its operation began and ended;

    • (b) a short description of the explosives manufactured during the period and of their properties;

    • (c) the quantity of explosives manufactured; and

    • (d) the maintenance of and repairs to the unit, 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 is used in a mobile 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:Maintenance

  •  (1) Every mobile process unit must be maintained in good operating condition.

  • Marginal note:Servicing during use

    (2) Minor servicing of a mobile process unit may be done while it is in use if the following requirements are met:

    • (a) the servicing is routine and integral to the use of the unit; and

    • (b) the servicing is done by a competent person.

  • Marginal note:Work permit

    (3) All other maintenance or repair work, if it is done at the factory, must be carried out 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) A mobile process unit must be decontaminated at the factory before it is taken outside the factory for maintenance or repair.

  • Marginal note:Work done outside factory

    (6) If maintenance or repair work is done outside the factory on manufacturing equipment that is in or on a mobile process unit and 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:Repairs at site of breakdown

    (7) In the case of a mechanical breakdown of a vehicle used as a mobile process unit, repairs to the vehicle may be done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.

  • Marginal note:Unloading and towing

    (8) If doing the repair work could increase the likelihood of ignition, the unit must be towed to the factory for repair.

  • Marginal note:Logbook and work permits

    (9) A logbook of all maintenance and repair work done to a mobile process unit, or to any manufacturing equipment in or on the unit 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 the maintenance and repair work must also be kept for two years after the date on which the work is completed. The logbook and permits must be kept at the factory.

  • Marginal note:Progressive cavity pump logbook

    (10) 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.

 

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