Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Spills or accidents

• 139 (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

• 140 (1) A person may pump explosives numbered UN 0332, as classified by the Chief Inspector of Explosives under the Explosives Act, and explosives numbered UN 3375 in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992 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) 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) a 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 Part 8 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

• 141 (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

142 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

143 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

144 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))

Application

Marginal note:Application for magazine licence

• 145 (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 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. The identifier of the magazine must be posted on the exterior of the magazine.

• 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.

Requirements for Holders of Magazine Licences

Marginal note:Responsibilities of licence holder

146 A holder of a magazine licence must ensure that the requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.

Marginal note:Acceptable distance requirement

• 147 (1) Every magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present.

• Marginal note:Criteria — acceptable distance

  (2) In the case of a vendor magazine licence and a user magazine licence, acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of explosives to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.

• Marginal note:Criterion — user magazine zone licence

  (3) In the case of a user magazine zone licence, acceptable distance is the minimum distance in metres to 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.

Marginal note:Structural requirements

148 Every magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise.

Marginal note:Authorized storage

• 149 (1) An explosive may be stored in a magazine only if the licence authorizes the storage of that explosive in that magazine.

• Marginal note:Other materials and equipment

  (2) Materials and equipment may be brought into or stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition.