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Explosives Regulations, 2013

Version of section 191 from 2024-05-03 to 2024-11-26:


Marginal note:Vehicle requirements

  •  (1) A carrier of explosives by vehicle must ensure that the portion of the vehicle that contains the explosives

    • (a) is either an intermodal container or is fully enclosed and fire resistant and is constructed of or is lined with a non-sparking material or does not increase the likelihood of an ignition; and

    • (b) is kept locked except when the explosives are being loaded or unloaded.

  • Marginal note:Vehicle kept locked

    (2) The driver of the vehicle must also ensure that the portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded.

  • Marginal note:Towed vehicle

    (3) A carrier of explosives must not transport explosives in a towed vehicle unless

    • (a) the explosives are in a semi-trailer attached to a truck tractor or in a fifth-wheel trailer;

    • (b) the explosives are in a trailer that is part of a road train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken;

    • (c) the Minister or a police officer directs that the vehicle be towed because of an emergency or a breakdown;

    • (d) it is for the purposes of returning the vehicle to the road and the following requirements are met:

      • (i) there is no evidence of theft, attempted theft or loss of an explosive,

      • (ii) there is no evidence of a fire, spill or accidental explosion,

      • (iii) there is no evidence of an injury or death,

      • (iv) there is no evidence of accidental property or vehicle damage,

      • (v) there is no evidence of a release or anticipated release of explosives, and

      • (vi) after the vehicle has been towed to the road, the driver conducts an inspection to verify that the vehicle continues to meet the safety and roadworthiness requirements of this Part and to confirm that the explosives remain undamaged; or

    • (e) the explosives are classified as UN 3375 and are in a road vehicle, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, and no more than two drawn road vehicles are used in a road train.

  • Marginal note:Exception

    (3.1) Subsection (3) does not apply to

    • (a) the transportation of explosives at a mine site or quarry; or

    • (b) the transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) and ensures that the quantity of fireworks transported in the towed vehicle does not exceed 750 kg and precautions have been taken to minimize the sway of both vehicles.

  • Marginal note:Oversized load

    (4) If an explosive article or equipment that is contaminated with an explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and, if feasible, covered.

  • Marginal note:Application for permit

    (5) A carrier who applies for a permit to use a flatbed to transport an explosive article or equipment that is contaminated with an explosive substance must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

    • (a) the applicant’s name, address, telephone number and email address;

    • (b) the licence plate number and vehicle identification number of the flatbed;

    • (c) the number of the division 1 factory licence or magazine licence that authorizes the manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported;

    • (d) a description of the explosive article or contaminated equipment; and

    • (e) a description of the method to be used to cover the article or equipment and to secure it to the flatbed.

  • Marginal note:Exception

    (5.1) Subsections (1), (2) and (4) do not apply to jet perforating guns if they

    • (a) are transported in a motor vehicle or fifth-wheel trailer that is equipped with racks, carrying cases or devices that are designed and constructed to ensure that the jet perforating guns remain securely held in place during transport;

    • (b) are protected from damage during transport;

    • (c) do not extend beyond the body of the motor vehicle or the bed of the fifth-wheel trailer; and

    • (d) are transported in a manner that protects them from theft.

  • Marginal note:Requirement — material

    (6) If a part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport and if that part consists of a material that could increase the likelihood of an ignition if contact were to occur, the carrier must ensure that the part is covered with material that will prevent the contact from occurring.

  • (7) [Repealed, SOR/2024-77, s. 53]

  • Marginal note:Fire extinguishers

    (8) The carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.

  • (9) [Repealed, SOR/2024-77, s. 53]

  • (10) [Repealed, SOR/2024-77, s. 53]

  • (11) [Repealed, SOR/2024-77, s. 53]

  • Marginal note:Dangerous goods marks

    (12) The carrier and the driver must ensure that any dangerous goods marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway.

  • SOR/2016-75, s. 38
  • SOR/2018-231, s. 23
  • SOR/2022-121, s. 4
  • SOR/2024-77, s. 53

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