Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Definitions — people

57 The following definitions relating to people at factories, satellite sites or client sites apply in this Division.

competent person

competent person means a person who has been certified as trained in accordance with section 83.  (personne compétente)

worker

worker means a person who is at a factory or satellite site to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 1 factory licence.  (travailleur)

SUBDIVISION aAuthorized Activities

Marginal note:Manufacture of explosives

• 58 (1) A holder of a division 1 factory licence may manufacture explosives if the holder complies with this section.

• Marginal note:Type of explosive

  (2) Each explosive to be manufactured must be specified in the division 1 factory licence or a satellite site certificate.

• Marginal note:Place of manufacture

  (3) Explosives must be manufactured at one of the following locations:

  • (a) the factory specified in the division 1 factory licence;

  • (b) a satellite site specified in a satellite site certificate; or

  • (c) a client site specified in the licence or a certificate.

• Marginal note:Manufacturing operations and work

  (4) A manufacturing operation may be carried out in a process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate.

Marginal note:Acquisition, storage and sale of explosives

• 59 (1) A holder of a division 1 factory licence may acquire and store explosives and may sell explosives without a vendor magazine licence.

• Marginal note:Compliance with Parts 10 to 18

  (2) A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site.

SUBDIVISION bApplication

Marginal note:Information

• 60 (1) An applicant for a division 1 factory licence or a satellite site 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 a licence or a certificate 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) each type of explosive to be manufactured;

  • (c) if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end;

  • (d) the address of the factory or satellite site; and

  • (e) the name, address, telephone number and email address of a contact person at the factory or satellite site.

• Marginal note:Plans and sketches

  (2) The application must include the following documents:

  • (a) a factory site and area plan or a satellite site and area plan that shows

    • (i) the topography of the site,

    • (ii) the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility,

    • (iii) the location of any other building or structure, and

    • (iv) the distance in metres between each process unit, factory magazine, raw material storage facility, building and structure;

    • (v) 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,

    • (vi) each vulnerable place within that area, and

    • (vii) the distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility;

  • (b) layout sketches, diagrams or drawings that show

    • (i) the workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility,

    • (ii) the equipment to be used in each process unit, including piping and instrumentation diagrams and equipment layout drawings, and

    • (iii) the manufacturing operations to be carried out, including process flow sheets or process schematic drawings.

• Marginal note:Site description

  (3) The application must include the following information about the factory or satellite site:

  • (a) its geographical coordinates;

  • (b) the size of, and construction materials used for, each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning;

  • (c) a description of all site and building security features (for example, fencing, barriers and warning signs);

  • (d) a description of the principal manufacturing equipment to be used and its safety features;

  • (e) a description of each mobile process unit to be used;

  • (f) a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; and

  • (g) a description of any safety features at the site to be put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout panels, means of blast containment, barriers, alarms or pressure relief and control systems).

• Marginal note:Client site

  (4) If the manufacture of explosives is to be carried out at a client site, the application must include the following information:

  • (a) the name, address, telephone number and email address of a contact person at the client site;

  • (b) a description of the client site;

  • (c) the distance in kilometres between the factory and the client site; and

  • (d) the distance in kilometres between any satellite site and the client site.

• Marginal note:Explosives description

  (5) The application must include a description that sets out,

  • (a) for each explosive to be manufactured at the factory, a satellite site or a client site,

    • (i) its product name and its UN proper shipping name,

    • (ii) the date on which the explosive was authorized or its authorization file number,

    • (iii) its UN number, and

    • (iv) its hazard category; and

  • (b) for each explosive to be stored at the factory or a satellite site,

    • (i) its UN proper shipping name,

    • (ii) its UN number, and

    • (iii) its hazard category.

• Marginal note:Manufacturing operations description

  (6) The application must include the following information about manufacturing operations:

  • (a) a description of the operations to be carried out in each process unit and factory magazine;

  • (b) a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure;

  • (c) the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive;

  • (d) the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time;

  • (e) the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; and

  • (f) the minimum distance in metres that must be maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area 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:Security plan

  (7) If type E, I or D explosives are to be manufactured or stored, the application must include a security plan that includes the following information:

  • (a) an assessment of the security risks resulting from the presence of the explosives at the factory, satellite site or client site;

  • (b) a description of the measures that will be taken to minimize those risks;

  • (c) a description of the procedures that will be followed to respond to security incidents; and

  • (d) a description of the procedures that will be followed to report security incidents.

• Marginal note:List of documents

  (8) The application must include a list of the following documents, along with the dates on which they were made and the dates of any amendments:

  • (a) any environmental assessment of the factory, satellite site or client site or of the operations to be carried out there;

  • (b) the documents that set out the rules, procedures and protocols designed to ensure compliance with the Explosives Act, these Regulations and the licence, including

    • (i) operating procedures,

    • (ii) maintenance procedures,

    • (iii) training manuals,

    • (iv) emergency response plans, and

    • (v) spill contingency plans;

  • (c) if manufacturing operations are to be carried out in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry;

  • (d) if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; and

  • (e) if explosives are to be destroyed, a document that sets out the method of destruction to be used.

• Marginal note:Identifier

  (9) Every process unit, factory magazine, raw material storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application.

• Marginal note:Scale drawing

  (10) Every drawing, sketch or plan must be drawn to scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend.

Marginal note:Fees

61 An applicant for a division 1 factory licence or a satellite site certificate must pay the applicable fees set out in Part 19.

SUBDIVISION cRequirements for Holders of Division 1 Factory Licences

Facilities at Factories and Satellite Sites

Marginal note:Responsibilities of licence holder

62 A holder of a division 1 factory licence must ensure that the requirements relating to process units, factory magazines, raw material storage facilities and transport units set out in sections 63 to 68 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Acceptable distance requirement

• 63 (1) Every process unit, factory magazine and raw material storage facility must be located at an acceptable distance from surrounding structures and infrastructure and from places where people are likely to be present.

• Marginal note:Criteria — acceptable distance

  (2) 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 that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.

• Marginal note:Structural requirements

  (3) Every process unit, factory magazine and transport unit must be designed, constructed and installed 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, stored or transported and with the raw material to be used.

• Marginal note:Factory magazines

  (4) Every factory magazine must also be constructed so that it is well ventilated and resistant to theft, weather and fire.

• Marginal note:Raw material storage facilities

  (5) Every raw material storage facility must be designed, constructed and installed to conform to good engineering practices. The construction materials must be compatible with the raw material to be stored in the facility.

• Marginal note:Means of escape

  (6) Every process unit, factory magazine, raw material storage facility and transport unit must have a means of escape that will permit all people in the unit, magazine or facility to leave it quickly and easily in an emergency.

• Marginal note:Lighting, electrical fixtures and wiring systems

  (7) The lighting, electrical fixtures and wiring systems that are used in a process unit, factory magazine, raw material storage facility or transport unit must not increase the likelihood of an accidental ignition.

• Marginal note:Electrostatic hazard

  (8) Precautions that eliminate any possibility of an accidental ignition of electrostatic sensitive material (for example, grounding and control of humidity) must be taken in every process unit, factory magazine, raw material storage facility and transport unit.

• Marginal note:Protection against lightning strikes

  (9) Every process unit or building in which a process unit is located must be protected from lightning strikes if it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm.