Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Acquisition

• 108 (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

• 109 (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 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

110 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

• 111 (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

• 112 (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.

Marginal note:Activities prohibited

• 113 (1) When explosives are being manufactured or stored at a workplace, no other activities may be carried out there.

• Marginal note:Competent person

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

• Marginal note:Condition of workplace

  (3) The workplace must be kept clean, dry and organized. Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit to eliminate any possibility of an ignition.

• Marginal note:Foreign matter

  (4) 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 begins.

• Marginal note:Containers

  (5) All raw material, explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

• Marginal note:Disposal of waste and contaminated material

  (6) 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:Removal of explosives

  (7) Unless the division 2 factory licence or manufacturing certificate provides otherwise, explosives must be removed as soon as the circumstances permit after they are manufactured from the part of the workplace where they were manufactured to the part of the workplace where they will be stored.

• Marginal note:Decontamination

  (8) A workplace that is no longer being used to manufacture explosives must be decontaminated as soon as the circumstances permit. Contaminated equipment at the workplace must be decontaminated before it is removed.

• Marginal note:Thunderstorms

  (9) On the approach of a thunderstorm, all manufacturing operations in the workplace must be shut down and all people in the workplace 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.

Marginal note:Maintenance

• 114 (1) Maintenance and repair work done at or to a workplace, or to equipment in it, must be carried out by a competent person.

• Marginal note:Hazardous work

  (2) Any work that involves the use of a device that produces heat, flame or sparks or involves grinding or impact must be done in a manner that does not increase the likelihood of an ignition.

Marginal note:Warning sign

115 A sign that warns against unauthorized entry must be posted at each entrance to the workplace.

Labelling

Marginal note:Responsibilities of holder

116 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the labelling requirements set out in section 117 are met at the workplace.

Marginal note:Information displayed on explosives

• 117 (1) The following information must be legibly printed on each explosive that is manufactured in the workshop, or if that is not possible, on a label affixed to the explosive or, if even that is not possible, on the packaging containing the explosive or a label affixed to its packaging:

  • (a) the product name of the explosive and the name and address of the person who obtained its authorization;

  • (b) the date on which the explosive was manufactured and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured; and

  • (c) instructions, in both English and French, for its safe handling, storage, use and destruction.

• Marginal note:Information on packaging

  (2) The following information must be legibly printed on the packaging containing the explosive or on a label affixed to its packaging:

  • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Reloaded Cartridges/Cartouches rechargées”, or other descriptive wording, 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, F.4 or F.5, 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.

Safety of People at the Workplace

Marginal note:Responsibilities of holder

118 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to personal safety set out in sections 119 and 120 are met at the workplace.

Marginal note:Supervision

119 Every person at a workplace, other than a worker, must be kept under the direct supervision of a competent person at all times.

Marginal note:Personal protective equipment

• 120 (1) Every person at a workplace must be required to 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 person at a workplace must be required to confine or cover any loose hair and to 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 person.

• Marginal note:Electronic devices

  (3) Every person at a workplace must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.

• Marginal note:Performance-diminishing substance

  (4) A person must not be authorized to enter the workplace if there are reasonable grounds to believe that 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 be authorized to enter if they have medical proof that the drug is needed and that it will not impede their ability to function safely.

• Marginal note:No smoking

  (5) Smoking must be prohibited in the workplace.

• Marginal note:No fire-producing devices

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

Knowledge of the Workplace

Marginal note:Responsibilities of certificate holder

121 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace.

Marginal note:Qualifications

• 122 (1) A person must not be permitted to manufacture explosives at a workplace unless they meet the following requirements:

  • (a) they are a competent person; or

  • (b) they are at least 18 years old, participating in a training program and under the direct supervision of a competent person.

• Marginal note:Competent person

  (2) A competent person is a person who meets the following requirements:

  • (a) they are at least 18 years old; and

  • (b) the holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace.

Marginal note:Record

123 A training record and a record of work experience must be kept for each worker for two years after the date on which it is made.

Marginal note:Knowledge

124 A holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace:

• (a) the provisions of the Explosives Act and these Regulations;

• (b) the terms and conditions of the licence or certificate, including the maximum quantity of explosives and raw material and the maximum number of people authorized to be in the workplace at any one time;

• (c) all safety rules respecting the manufacture of explosives at the workplace;

• (d) the personal protective equipment that is needed to protect people from the hazards to which they could be exposed;

• (e) all emergency plans for the workplace, including the evacuation plan;

• (f) the hazards of, and safe handling practices for, the explosives and raw material at the workplace;

• (g) the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility;

• (h) the operation of the equipment at the workplace;

• (i) the maintenance and repair of the equipment, including decontamination; and

• (j) procedures for inspecting the workplace or equipment after maintenance and repair work has been done.