Explosives Regulations, 2013 (SOR/2013-211)

Management of the Workplace

Marginal note:Responsibilities of holder

125 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace.

Marginal note:Operating procedures

126 Operating procedures must be put in place for each of the following:

• (a) every activity specified in the division 2 factory licence or manufacturing certificate;

• (b) the destruction of explosives, explosives waste and explosives-contaminated material;

• (c) the management of spills and their clean-up;

• (d) the response to emergency situations;

• (e) the decontamination of the workplace and all tools and equipment.

Marginal note:Records

127 A record of each explosive in the workplace (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, UN number and a short description of the explosive;

• (b) if the explosive was acquired, the quantity acquired and the date of acquisition;

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

• (c.1) if the manufactured explosive referred to in paragraph (c) was used at the workplace, the quantity used and the date of use;

• (d) if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture;

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

• (f) if the explosive was shipped from the workplace, the quantity shipped, the date of shipment and the address of the person to whom it was shipped; and

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

Marginal note:Copy — licence or certificate

• 128 (1) A copy of the division 2 factory licence or the manufacturing certificate and all documents that are referred to in the licence or certificate must be kept at the workplace.

• Marginal note:Copy — Division 2

  (2) A copy of this Division must be made available to workers at the workplace.

SUBDIVISION dRequirements for People at a Workplace

Marginal note:Visitors

• 129 (1) Before entering, a visitor to a workplace must obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times.

• Marginal note:Performance-diminishing substance

  (2) A person must not enter a workplace 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 if they have medical proof that they need the drug and that it will not impede their ability to function safely.

Marginal note:Personal protective equipment

• 130 (1) Every person at a workplace 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 person at a workplace must 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 person.

• Marginal note:Electronic devices

  (3) Every person must 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:No smoking

131 A person must not smoke at a workplace.

Marginal note:Qualifications

• 132 (1) A person must not 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:Other tasks

  (2) A person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition.

DIVISION 3Manufacturing that Does Not Require a Licence or Certificate

Marginal note:Restriction

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

Marginal note:Experiments

• 134 (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

• 135 (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

• 135.1 (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

• 136 (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

• 137 (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

• 138 (1) A person may mix together the ingredients of a multi-ingredient kit if they comply with subsection (2) and if the kit is not a reactive target.

• 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 Firearms Possession and Acquisition Licence issued under the Firearms Act.

Marginal note:Reactive targets

• 138.1 (1) A person may mix together the ingredients of a reactive target kit if they comply with subsection (2).

• Marginal note:Requirements

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

  • (a) the reactive target 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) the person mixing the ingredients must hold a Firearms Possession and Acquisition Licence issued under the Firearms Act;

  • (e) the instructions displayed on the packaging for mixing the ingredients must be followed and if there are no such instructions, the ingredients in the reactive target kit must not be mixed or used;

  • (f) foreign matter must not be added to the reactive target kit when mixing the ingredients or before use;

  • (g) only one reactive target kit must be mixed at a time;

  • (h) a reactive target kit may not be combined with other reactive target kits or foreign matter; and

  • (i) once mixed, a reactive target kit must not be stored or transported.