GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Explosives Regulations, 2013 — (a)
equivalent document means a security clearance, issued by a competent authority, that has not expired or been suspended or withdrawn, including (a) a permis général issued under Quebec’s An Act respecting explosives , as amended from time to time; (b) a FAST card (free and secure trade card) issued by the Canada Border Services Agency; (c) a NEXUS card issued by the Canada Border Services Agency; (d) a Firearms Possession and Acquisition Licence issued under the Firearms Act ; (e) a security clearance issued by Public Services and Procurement Canada to individuals working for or on behalf of entities that are registered in its Contract Security Program; or (f) an Employee Possessor Clearance issued by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives if the employee holds a valid Canadian work permit. ( document équivalent )
Explosives Regulations, 2013 — (a)
high hazard explosive refers to (a) military explosives or law enforcement explosives (type D); (b) high explosives (type E); or (c) initiation systems (type I). ( explosif à risque élevé )
Explosives Regulations, 2013 — Explosives Regulations, 2013
licence means a licence that authorizes the storage of a high hazard explosive. ( licence )
Explosives Regulations, 2013 — Explosives Regulations, 2013
permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. ( permis )
Explosives Regulations, 2013 — 176
Approval letter or equivalent document 176 (1) An individual who applies for a licence, permit or certificate or for the renewal of one must include with their application proof that they have an approval letter or equivalent document. List of employees (2) Every applicant for a licence, permit or certificate, or for the renewal of one, must also include a list of their employees who are required by this Part to have an approval letter and must indicate whether the employee has applied for the letter and whether it has been received. SOR/2013-211, s. 507(E); SOR/2016-75, ss. 19, 45(F)
Explosives Regulations, 2013 — 177
Issuance of document 177 The Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document. SOR/2013-211, ss. 507(E), 508(F); SOR/2016-75, ss. 20, 44(F); SOR/2018-231, s. 19
Explosives Regulations, 2013 — 178
Approval letter required 178 (1) A holder of a licence, permit or certificate must ensure that an approval letter or equivalent document is held by every employee, director or contractor who, in carrying out their functions for the holder, (a) has access to a high hazard explosive; (b) permits others to have access to a high hazard explosive; or (c) controls, directly or indirectly, a person who has access to a high hazard explosive or permits others to have access to such an explosive. Control over others (2) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not occupy a position in which they control, directly or indirectly, a person who, in carrying out their functions for the holder, has access to a high hazard explosive. SOR/2013-211, s. 507; SOR/2016-75, s. 45(F)
Explosives Regulations, 2013 — 179
Access prevented 179 (1) A holder of a licence, permit or certificate must ensure that a person who does not have an approval letter or an equivalent document does not have access to a high hazard explosive that is being manufactured, stored, sold, imported, exported or transported by the holder. Exception — supervised person (2) Subsection (1) does not apply in respect of a person who does not hold an equivalent document, has applied for an approval letter and is still waiting for a response if, when they have access to a high hazard explosive, they are at all times under the direct supervision of another person who has an approval letter or equivalent document. SOR/2013-211, s. 504 SOR/2022-121, s. 4 SOR/2024-77, s. 46
Explosives Regulations, 2013 — 180
Visitors 180 A holder of a licence or certificate must ensure that a visitor to their factory, magazine site, satellite site or workplace who does not have an approval letter and who could have access to a high hazard explosive is at all times under the direct supervision of a person who has an approval letter or an equivalent document. SOR/2013-211, s. 505
Explosives Regulations, 2013 — 181
Exception — peace officers, etc. 181 Subsection 179(1) and section 180 do not apply in respect of the following people when they are acting in the course of their duties: (a) a peace officer; (b) an employee of the federal government; or (c) an inspector appointed under the Explosives Act .
Explosives Regulations, 2013 — 182
Application 182 (1) A person may apply for an approval letter by completing, signing and sending 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 applicant’s date of birth; (c) if the applicant is employed by or is a director of a holder of a licence, permit or certificate, the holder’s name, address, telephone number and email address and, if applicable, the name of the applicant’s supervisor; and (d) if the applicant resides outside of Canada, a letter from the applicant’s employer in Canada confirming the work to be done and supporting the application. Criminal record check (2) The application must include the original or a certified copy of a criminal record check carried out on the applicant within one year before the date on which the application is received by the Minister, or if the applicant resides outside of Canada, a certified police certificate from their country of origin dated not more than one year before the date on which the application is received by the Minister or a valid Canadian work permit. Additional information (3) The Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to issue the approval letter. SOR/2013-211, s. 507; SOR/2016-75, s. 38 SOR/2024-77, s. 47
Explosives Regulations, 2013 — 183.1
Cancellation 183.1 (1) The Minister may by written notice with reasons cancel the approval letter referred to in section 182 if one of the circumstances referred to in paragraph 183(2)(a) or (b) applies to the holder of the letter or on either grounds referred to in subsection 183(2.1). Additional information (2) The Chief Inspector of Explosives may request that a person who has submitted an application for an approval letter provide any additional information or any document that is necessary to enable the Minister to determine whether to cancel the approval letter. SOR/2024-77, s. 49
Explosives Regulations, 2013 — 184
Period of validity 184 An approval letter remains valid for five years after the date on which it is issued.
Explosives Regulations, 2013 — 185
Copy of letter 185 (1) A person who has been issued an approval letter may (a) obtain a copy of the letter by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address and the date of the letter; or (b) have a copy of the letter sent to a holder of a licence, permit or certificate by sending a request to the Chief Inspector of Explosives that sets out the person’s name, address, telephone number and email address, the date of the letter and the holder’s name, address and email address. Verification (2) A holder of a licence, permit or certificate who wishes to verify that a director or employee of the holder, or a person seeking employment from the holder, has an approval letter 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 name, address, telephone number and email address of both the holder and a contact person; (b) the name and date of birth of the person whose approval letter is to be verified; and (c) that person’s written consent, witnessed and signed by a witness. SOR/2013-211, s. 507 SOR/2024-77, s. 50
Explosives Regulations, 2013 — 186
Overview 186 This Part sets out the requirements for transporting explosives, including in transit transportation and the loading and unloading of explosives, that must be met by shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply. SOR/2018-231, s. 20 SOR/2022-121, s. 4 SOR/2024-77, s. 51
Explosives Regulations, 2013 — 187
Definitions 187 The following definitions apply in this Part. carrier means a person who transports explosives or who provides the service of transporting explosives. ( transporteur ) shipper means a person who arranges for a carrier, prepares the explosives for transport and delivers them to the carrier. ( expéditeur ) SOR/2022-121, s. 4
Explosives Regulations, 2013 — Explosives Regulations, 2013
carrier means a person who transports explosives or who provides the service of transporting explosives. ( transporteur )
Explosives Regulations, 2013 — Explosives Regulations, 2013
shipper means a person who arranges for a carrier, prepares the explosives for transport and delivers them to the carrier. ( expéditeur )
Explosives Regulations, 2013 — 188
Explosive quantity 188 A reference to the mass of an explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an explosive article, also excluding any component that is not an explosive substance), except in section 190 where it is a reference to its gross quantity (the mass of the explosive plus the mass of any packaging or container). SOR/2022-121, s. 4
Explosives Regulations, 2013 — 189
Driver who is not a carrier 189 A driver is not subject to the requirements for carriers that are set out in this Part if the driver is an employee, or an agent or mandatary, of the carrier.
Explosives Regulations, 2013 — 190
List of explosives 190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport (a) no more than 12 kg of an explosive with the number UN 0027, BLACK POWDER (GUNPOWDER) or UN 0028, BLACK POWDER (GUNPOWDER) COMPRESSED; (b) no more than 150 kg of an explosive with the number (i) UN 0161, POWDER, SMOKELESS, (ii) UN 0186, ROCKET MOTORS, (iii) UN 0191, SIGNAL DEVICES, HAND, (iv) UN 0197, SIGNALS, SMOKE, (v) UN 0276, CARTRIDGES, POWER DEVICE, (vi) UN 0312, CARTRIDGES, SIGNAL, (vii) UN 0336, FIREWORKS, (viii) UN 0351, ARTICLES, EXPLOSIVE, N.O.S., (ix) UN 0403, FLARES, AERIAL, (x) UN 0431, ARTICLES, PYROTECHNIC, (xi) UN 0453, ROCKETS, LINE THROWING, (xii) UN 0499, PROPELLANT, SOLID, (xiii) UN 0501, PROPELLANT, SOLID, (xiv) UN 0503, AIR BAG INFLATORS, AIR BAG MODULES, SEAT-BELT PRETENSIONERS, (xv) UN 0505, SIGNALS, DISTRESS, (xvi) UN 0509, POWDER, SMOKELESS; or (c) any quantity of an explosive with the number (i) UN 0012, CARTRIDGES, SMALL ARMS, (ii) UN 0014, CARTRIDGES, SMALL ARMS, BLANK or CARTRIDGES FOR TOOLS, BLANK, (iii) UN 0044, PRIMERS, CAP, (iv) UN 0055, CASES, CARTRIDGE, EMPTY, WITH PRIMER, (v) UN 0105, FUSE, SAFETY, (vi) UN 0131, LIGHTERS, FUSE, (vii) UN 0173, RELEASE DEVICES, EXPLOSIVE, (viii) UN 0323, CARTRIDGES, POWER DEVICE; (ix) UN 0337, FIREWORKS, (x) UN 0373, SIGNAL DEVICES, HAND, (xi) UN 0404, FLARES, AERIAL, (xii) UN 0405, CARTRIDGES, SIGNAL, (xiii) UN 0432, ARTICLES, PYROTECHNIC, (xiv) UN 0454, IGNITERS, (xv) UN 0506, SIGNALS, DISTRESS, or (xvi) UN 0507, SIGNALS, SMOKE. Requirements (2) Despite subsection (1), the carrier and driver must ensure that the explosives are transported in packaging or a container that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport the likelihood of an ignition is minimized. SOR/2016-75, s. 21; SOR/2018-231, s. 22 SOR/2024-77, s. 52(E)
Explosives Regulations, 2013 — 191
at 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. 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. 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] 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] 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
Explosives Regulations, 2013 — 192
Detonators 192 (1) When detonators are to be transported in a vehicle that contains other explosives, the shipper and the carrier must ensure that no more than 20 000 detonators will be transported with the other explosives. They must also ensure that (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the detonators are stowed apart from the other explosives so that an explosion of one or more detonators will not ignite any of the other explosives; and (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the detonators are stowed in a container in or compartment of the vehicle that is fully enclosed, cannot be accessed from the portion of the vehicle that contains the other explosives and will prevent the detonators from exploding during a fire for at least one hour. Damaged or deteriorated explosives (2) The shipper and the carrier must not transport damaged or deteriorated explosives unless the Minister determines that the explosives must be transported to another location for the purpose of storing them, making them fit for use, remaking or repairing them or destroying them and that precautions that minimize the likelihood of an ignition have been taken. Items transported with explosives (3) The shipper and the carrier must ensure that things other than explosives are not transported with explosives unless (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the things are stowed, or separated from, the explosives so as to minimize the likelihood of an ignition; and (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the vehicle has been authorized to transport the things by a permit issued by the Minister under paragraph 7(1)(b) of the Explosives Act and the permit is in the vehicle. Permit to transport non-explosive items (4) A shipper or a carrier who applies for a permit to transport things other than explosives in a vehicle that will contain explosives 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) a list of the non-explosive items to be transported with the explosives in the vehicle; and (c) the precautions that will be taken to eliminate any possibility of an ignition. Limit for road trains on ice roads (5) In the case of a road train travelling over ice roads, the carrier must ensure that no more than 20 000 kg of explosives are transported in any trailer forming part of the train. SOR/2016-75, s. 38 SOR/2022-121, s. 4 SOR/2024-77, s. 54
Explosives Regulations, 2013 — 193
Sound mechanical condition 193 (1) The carrier must ensure that the following requirements are met: (a) the vehicle to be used to transport explosives is in sound mechanical condition and capable of safely transporting explosives, meaning that any dangers including those related to gasoline engines, heaters and lights, refrigeration and climate control systems and hot components of the exhaust system have been addressed; and (b) the vehicle is fuelled, the oil level and tire pressure are checked and all required servicing of the vehicle is carried out before the loading of explosives begins. Combustible material (2) The carrier and the driver must ensure that the portion of the vehicle containing explosives is free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might ignite spontaneously. Inspection (3) The driver must ensure that the vehicle, while transporting explosives, is inspected daily to verify that the following requirements are met: (a) the fire extinguishers are filled and in good working order; (b) the electric wiring is completely insulated and firmly secured; (c) the fuel tank and fuel lines have no leaks; (d) the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease; (e) the brakes and steering apparatus are in good condition; and (f) the tires are not worn smooth or visibly defective. Correcting deficiencies (4) The driver must ensure that any deficiencies found on the vehicle during an inspection are corrected before it is used to transport explosives. SOR/2022-121, s. 4 SOR/2024-77, s. 55
Explosives Regulations, 2013 — 194
Loading and unloading 194 (1) The carrier must ensure that, while explosives are being loaded into or unloaded from a vehicle, precautions that minimize the possibility of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity. Precautions (2) The carrier must ensure that precautions are taken that will prevent unauthorized people from having access to the explosives during loading or unloading and that will prevent any person in the immediate vicinity from doing anything that could increase the likelihood of an ignition. (3) [Repealed, SOR/2024-77, s. 56] Engine turned off and brakes set (4) During the loading or unloading of explosives, the driver must ensure that the engine is turned off and the brakes are set. However, the engine may be left running if it is needed to operate a power take-off or if cold and wind conditions could make restarting the engine difficult. No stopping (5) The carrier must ensure that once the loading or unloading begins, it continues without stopping until it is completed. Throwing or dropping explosives (6) The carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of explosives. Securing explosives (7) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported. SOR/2022-121, s. 4 SOR/2024-77, s. 56
Explosives Regulations, 2013 — 195
Confirmation — shipper 195 (1) Before delivering the explosives to the carrier, the shipper must obtain confirmation from the intended recipient that the explosives will be (a) used on the same day they are delivered and attended in person until they are used; (b) stored in a factory magazine, licensed magazine, storage unit or dwelling in accordance with these Regulations; or (c) shipped immediately to the next recipient. Confirmation — carrier (2) A carrier must not load explosives into a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery. SOR/2016-75, s. 22 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 197
Obtaining assistance 197 The carrier must ensure that the driver of a vehicle transporting more than 2 000 kg of explosives is able to rely on assistance from one or more of the following people: (a) an assistant who is accompanying the driver; (b) a person who is in another vehicle that is not transporting explosives following the vehicle transporting explosives and with whom the driver is in constant communication; (c) a person who is monitoring a two-way radio or equivalent communication system. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 198
Tracking and communication system 198 (1) If a vehicle — other than a vehicle in which a manufacturing operation may be carried out and that remains on a mine site or quarry while transporting explosives referred to in subsection (2) — is used to transport 1 000 or more detonators or at least 2 000 kg of explosives referred to in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system. Listed explosives (2) The tracking and communication system is required if the vehicle is transporting explosives that are classified under the Transportation of Dangerous Goods Regulations as follows: (a) Division 1.1, 1.2 or 1.3; (b) Division 1.4 with one of the following UN numbers: (i) UN 0104, CORD DETONATING, MILD EFFECT or FUSE DETONATING, MILD EFFECT, (ii) UN 0237, CHARGES, SHAPED, FLEXIBLE, LINEAR, (iii) UN 0255, DETONATORS, ELECTRIC, (iv) UN 0267, DETONATORS, NON-ELECTRIC, (v) UN 0289, CORD, DETONATING, (vi) UN 0361, DETONATOR ASSEMBLIES, NON-ELECTRIC, (vii) UN 0365, DETONATORS FOR AMMUNITION, (viii) UN 0366, DETONATORS FOR AMMUNITION, (ix) UN 0440, CHARGES, SHAPED, (x) UN 0441, CHARGES, SHAPED, (xi) UN 0445, CHARGES, EXPLOSIVE, COMMERCIAL, (xii) UN 0456, DETONATORS, ELECTRIC, (xiii) UN 0500, DETONATOR ASSEMBLIES, NON-ELECTRIC; (c) Division 1.5 or 1.6; or (d) Division 5.1, for explosives numbered UN 3375 AMMONIUM NITRATE EMULSION, GEL, OR SUSPENSION. Requirements for system (3) The tracking and communication system must allow the person who is monitoring the system to locate the vehicle at all times and must allow the driver and the person to communicate with one another. Monitoring system (4) The carrier must ensure that a person is monitoring the tracking and communication system at all times while the explosives are being transported and will notify the police in case of an emergency. SOR/2018-231, s. 25 SOR/2022-121, s. 4 SOR/2024-77, s. 58