Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Stacking

• 150 (1) Packages and containers of explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

• Marginal note:Prohibited use of packages

  (2) Packages and containers of explosives must not be used as supports for conveyors or ramps.

• Marginal note:Air circulation

  (3) There must be enough space between the stacks of explosives, the walls, the ceiling and the ventilation openings to permit air circulation.

• Marginal note:Opening packages

  (4) Packages or containers that are made from wood or have metal fasteners or strapping must not be opened in a magazine. Other packages or containers may be opened in a magazine for inspection or to remove explosives or to add an explosive of the same product name, but not more than two packages or containers may be opened at a time.

• Marginal note:Opened packages

  (5) Any package or container of explosives that has been opened outside a magazine must be dry, clean and free of grit and other contamination before it is taken into the magazine.

Marginal note:Fire prevention

• 151 (1) Precautions must be taken that minimize the likelihood of fire in or near a magazine.

• Marginal note:No smoking

  (2) Smoking must be prohibited in a magazine.

• Marginal note:Thunderstorms

  (3) On the approach of a thunderstorm, all people in a magazine must be immediately moved to a safe place and until the storm passes must not be permitted to return.

Marginal note:Prohibited activities

152 The following activities must not be carried out inside a magazine unless the magazine licence authorizes them to be carried out there:

• (a) packing or repacking explosives;

• (b) adding a detonator to, or inserting a detonator in, an explosive;

• (c) assembling explosive components;

• (d) uncoiling the leg wires of, or removing the shunt from, an electric detonator or an electric initiator;

• (e) opening a package or container of explosives to expose an explosive substance; or

• (f) stripping, cutting or slitting the wrapping of an explosive article to expose an explosive substance.

Marginal note:Unlocked magazine

• 153 (1) A magazine must be attended in person when it is unlocked.

• Marginal note:Key control plan

  (2) A key control plan that includes the following requirements must be put in place for each magazine:

  • (a) every key to the magazine must be numbered;

  • (b) a person may have possession of a key to the magazine only if they are named in the plan;

  • (c) the number of people named in the plan must not exceed the number necessary for the operation of the magazine;

  • (d) each key must be kept in a locked and secure location when it is not in the possession of a person named in the plan; and

  • (e) in the case of an industrial explosive or a type D explosive, the lock on the magazine must be of a type for which keys can be obtained only from the lock’s manufacturer or a certified locksmith designated by the manufacturer.

• Marginal note:Change of circumstances

  (3) The plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site.

• Marginal note:Lost or stolen key

  (4) If a key is lost or stolen, the lock must be immediately replaced.

Marginal note:Fire safety plan

• 154 (1) A copy of the fire safety plan included in the licence application must be sent to the local fire department and made available to employees.

• Marginal note:Change of circumstances

  (2) The plan must be updated to reflect any change in circumstances that could adversely affect the safety of the site. A copy of the updated plan must be sent to the local fire department as soon as the circumstances permit.

Marginal note:Site security plan

• 155 (1) If a site security plan is included in the licence application, it must be implemented.

• Marginal note:Change of circumstances

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

• Marginal note:Copy of plan

  (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:Storage record

156 A record for each magazine must be kept for two years after the date on which it is made. The record must include

• (a) each type of explosive that is stored;

• (b) the quantity of each type of explosive that is stored; and

• (c) the dates on which each explosive was placed in and removed from the magazine.

Marginal note:Maintenance of magazine

• 157 (1) A magazine must be kept clean, dry and organized. Any spill, leakage or other contamination must be cleaned up immediately.

• Marginal note:Combustible material

  (2) A magazine must be kept free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might spontaneously combust.

• Marginal note:Lighting, electrical fixtures and wiring

  (3) The lighting (including portable lighting), electrical fixtures and wiring systems that are used in a magazine must not increase the likelihood of an ignition. All portable lighting must be impact-resistant.

Marginal note:Repairs to magazine

• 158 (1) Before any repair work that could increase the likelihood of an ignition begins in or on a magazine, the explosives in the magazine must be either

  • (a) put into another magazine; or

  • (b) taken to a location where the presence of the explosives will not increase the likelihood of harm to people or property, the explosives are protected from weather and the repair work will not cause an ignition.

• Marginal note:Attendance of explosives

  (2) Any explosives that are not put into another magazine must be attended in person.

• Marginal note:Putting explosives back

  (3) Explosives must not be returned to a magazine until the repairs to the magazine no longer increase the likelihood of an ignition.

Marginal note:Interior sign

159 A sign that indicates the type of explosives, and the maximum quantity of each type, that may be stored in the magazine, as specified in the licence, must be posted inside every magazine in a clearly visible location.

Marginal note:Deteriorated explosives

• 160 (1) The explosives in a magazine must be checked regularly for signs of deterioration and to ensure that the manufacturer’s expiry date has not passed.

• Marginal note:Marking

  (2) Every deteriorated, expired or misfired explosive must be clearly marked “Deteriorated/Détérioré” or “Expired/Périmé” or “Misfired/Raté”, as the case may be.

• Marginal note:Destruction of deteriorated, expired or misfired explosives

  (3) Explosives that have deteriorated, expired or misfired must be safely destroyed as soon as the circumstances permit. However, explosives that have deteriorated to the extent that they are unstable or in a very dangerous condition must be destroyed immediately in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

• Marginal note:Authorization required

  (4) Subsection (3) does not authorize a person to destroy deteriorated, expired or misfired explosives. The destruction must be authorized by these Regulations or otherwise under the Explosives Act.

• Marginal note:Storage until destruction — normal hazard

  (5) A deteriorated, expired or misfired explosive may be stored in a magazine with other compatible explosives if the storage would not increase the likelihood of an ignition.

• Marginal note:Storage until destruction — more than normal hazard

  (6) A deteriorated, expired or misfired explosive must be stored in a magazine that does not contain other explosives if storing it with other explosives could increase the likelihood of an ignition.

Marginal note:Person in possession of key

161 A person who is in possession of a key that is subject to a key control plan referred to in subsection 153(2) must not duplicate the key. After using it, the person must return the key to a locked location to which access is controlled.

Requirements for Holders of User Magazine Zone Licences

Marginal note:Notice of change of site

• 162 (1) When the storage of explosives that is authorized by a user magazine zone licence is moved to a new site, within 24 hours after the move the holder of the licence must complete, sign and send a notice of change of site, in the form provided by the Department of Natural Resources, to the Minister, to the police force in the locality of the previous site and to the police force in the locality of the new site. The notice must be dated and include the following information:

  • (a) the name, address, telephone and cellphone number and email address of both the licence holder and a contact person;

  • (b) the holder’s licence number and its expiry date;

  • (c) the name, telephone number and cellphone number of the person who is responsible for the new site;

  • (d) the date on which the storage of explosives began at the new site;

  • (e) the geographic coordinates of the previous and new sites;

  • (f) the directions by road to the new site;

  • (g) the safety and security features of the new site (for example, signs, alarm systems, barriers, fencing and berms); and

  • (h) a list of the magazines to be used at the new site that sets out

    • (i) in the case of a magazine that has been moved, its number, letter or distinctive name as shown on the previous site plan,

    • (ii) its tag number, if any,

    • (iii) 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, and

    • (iv) each type of explosive, and the quantity of each type, to be stored.

• Marginal note:Site plan

  (2) The notice must include a site plan that shows

  • (a) 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;

  • (b) 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

  • (c) 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:Copy of licence and notice

163 The holder must ensure that a copy of the user magazine zone licence and of the notice are posted in each magazine.

PART 7Provisions of General Application

Marginal note:Overview

164 This Part sets out certain terms and conditions that apply to holders of the documents (licences, permits and certificates) issued by the Minister under section 7 of the Explosives Act and the grounds upon which the Minister may refuse to issue them. It also sets out the procedures for changing or renewing those documents and provides for their suspension and cancellation.

Refusal to Issue

Marginal note:Refusal of Minister

• 164.1 (1) The Minister may, by written notice giving reasons, refuse to issue a licence, permit or certificate if the Minister has reasonable grounds to believe that issuing the licence, permit or certificate would constitute a risk to the safety or security of persons or property.

• Marginal note:Request for review

  (2) An applicant may, within 30 days after the day on which they receive a notice of refusal from the Minister, send the Minister a written request for a review of the refusal on the grounds that the information on which the refusal was based is incorrect, accompanied by any additional documents or any other information in writing that is necessary to support the request.

• Marginal note:Decision — request for review

  (3) After reviewing the request under subsection (2), the Minister must

  • (a) issue the licence, permit or certificate, if the information on which the refusal was based is incorrect; or

  • (b) give the applicant written notice of the refusal, and the reasons for the refusal, if the information on which the refusal was based is correct.