GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Explosives Regulations, 2013 — 150
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. Prohibited use of packages (2) Packages and containers of explosives must not be used as supports for conveyors or ramps. 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. 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. 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. SOR/2022-121, s. 4 SOR/2024-77, s. 38
Explosives Regulations, 2013 — 151
Fire prevention 151 (1) Precautions must be taken that minimize the likelihood of fire in or near a magazine. No smoking (2) Smoking must be prohibited in a magazine. 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.
Explosives Regulations, 2013 — 152
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. SOR/2022-121, s. 4 SOR/2024-77, s. 39(F)
Explosives Regulations, 2013 — 153
Unlocked magazine 153 (1) A magazine must be attended in person when it is unlocked. 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. 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. Lost or stolen key (4) If a key is lost or stolen, the lock must be immediately replaced. SOR/2016-75, s. 14 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 154
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. 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.
Explosives Regulations, 2013 — 155
Site security plan 155 (1) If a site security plan is included in the licence application, it must be implemented. 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. 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.
Explosives Regulations, 2013 — 156
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. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 157
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. 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. 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.
Explosives Regulations, 2013 — 158
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. Attendance of explosives (2) Any explosives that are not put into another magazine must be attended in person. 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. SOR/2016-75, s. 15 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 159
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. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 160
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. 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. 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. 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 . 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. 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. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 161
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.
Explosives Regulations, 2013 — 162
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. 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. SOR/2016-75, ss. 16, 41, 42(E), 43(F) SOR/2022-121, s. 4 SOR/2024-77, s. 40
Explosives Regulations, 2013 — 163
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. SOR/2016-75, s. 17(F)
Explosives Regulations, 2013 — 164
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. SOR/2016-75, s. 38 SOR/2024-77, s. 41
Explosives Regulations, 2013 — 164.1
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. 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. 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. SOR/2024-77, s. 41
Explosives Regulations, 2013 — 165
Authorized activities 165 (1) A holder of a licence, permit or certificate may carry out any activity involving an explosive that is authorized by the document and must do so in the manner specified in it. Responsibility of holder (2) The holder must ensure that their employees and other workers carry out the activities authorized by the document in the manner specified in it. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 166
Presentation of licence, permit or certificate 166 A holder of a licence, permit or certificate must present their document for review at the request of a peace officer.
Explosives Regulations, 2013 — 167
Fire 167 (1) A holder of a licence, permit or certificate must immediately inform the local fire department of any fire that involves an explosive under their control. Incidents (2) A holder of a licence, permit or certificate must inform an inspector as soon as the circumstances permit of any of the following incidents that involves an explosive under their control: (a) the theft, attempted theft or loss of an explosive; (b) a fire, spill or accidental explosion; (c) an injury or death; or (d) any accidental property damage. Report (3) The holder must provide the Chief Inspector of Explosives with a detailed follow-up report about the incident as soon as the circumstances permit. The report must include the likely cause of the incident and the steps that the holder will take to prevent such an incident from happening again. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 168
Destruction of explosives 168 A holder of a licence, permit or certificate who has not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the explosives under their control for which a licence, permit or certificate is required (a) are destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction; (b) are returned to the person from whom they were bought; or (c) are delivered to a holder of a factory licence that authorizes storage of those explosives. SOR/2018-231, s. 16 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 169
Decommissioning plan — factory 169 (1) Before decommissioning a factory, a holder of a division 1 factory licence must send a written decommissioning plan to the Minister. Decommissioning plan — magazine (2) Before decommissioning a workplace or magazine, a holder of a division 2 factory licence, a magazine licence or a manufacturing certificate must send a written decomissioning plan to the Minister if the workplace or magazine contains any explosive residue. Contents of plan (3) A decommissioning plan must include a description of the safety measures that the holder will take to minimize the likelihood of harm to people or property during and after the decommissioning. Additional safety measures (4) The Minister may require the holder to implement additional safety measures that are necessary to minimize the likelihood of harm to people or property. Responsibility of holder (5) The holder must implement the decommissioning plan and ensure that the factory, workplace or magazine is decommissioned in a safe manner and that any possibility of harm to people or property is eliminated after the factory or magazine is decommissioned. They must inform the Minister when the decommissioning is complete. SOR/2016-75, ss. 38, 44(F) SOR/2022-121, s. 4
Explosives Regulations, 2013 — 171
Suspension of activity 171 A licence holder who intends to suspend an activity for which their licence was issued must, no later than 14 days before the date on which the suspension is to begin, give the Minister written notice of the date of suspension and the anticipated date, if any, for resuming the activity. SOR/2016-75, s. 38
Explosives Regulations, 2013 — 172
Amendment or renewal with amendment 172 (1) An applicant for an amendment of a licence, permit or certificate, or for a renewal with amendment, 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 the amendment requested is to a licence, a permit or a certificate 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 number of the applicant’s licence, permit or certificate; (c) the amendment requested; and (d) all the information that differs from that provided in the previous application. Renewal without amendment (2) An applicant for a renewal without amendment of a licence, permit or 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 include the following information: (a) the name, address, telephone number and email address of both the applicant and a contact person; and (b) the number of the applicant’s licence, permit or certificate. Exception (3) Despite subsections (1) and (2), a person who applies for the renewal of a manufacturing certificate must comply with section 109. Fees (4) An applicant must pay the applicable fees set out in Part 19. SOR/2024-77, s. 43
Explosives Regulations, 2013 — 173
Suspension 173 (1) The Chief Inspector of Explosives may suspend a licence, permit or certificate, in whole or in part, if the holder fails to comply with the Explosives Act , these Regulations or any term or condition of the document. The suspension continues until the measures required to bring the holder into compliance are taken. Cancellation (2) The Chief Inspector may cancel a licence, permit or certificate if the holder (a) fails more than one time to comply with the Explosives Act , these Regulations or any term or condition of the document; or (b) jeopardizes the safety of the public or the holder’s employees by failing to follow the practices of the explosives industry. Procedure (3) Before suspending or cancelling a licence, permit or certificate, the Chief Inspector must provide the holder with written notice of the reasons for the suspension or cancellation and its effective date and give them an opportunity to provide reasons why the licence, permit or certificate should not be suspended or cancelled. Review by Minister (4) The holder may request that the Minister review the Chief Inspector’s decision to suspend or cancel. The request must be made in writing within 15 days after the Chief Inspector has given the holder notice of the decision. The Minister must confirm, revoke or amend the decision. SOR/2016-75, s. 38 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 173.1
Cancellation by Minister 173.1 (1) The Minister may, by written notice giving reasons, cancel a licence, permit or certificate if the Minister has reasonable grounds to believe that the holder of the licence, permit or certificate no longer meets the conditions of the approval letter issued by the Minister under section 183 or equivalent document referred to in Part 8 or if the Minister has reasonable grounds to believe that the activities subject to the licence, permit or certificate would constitute a risk to the safety or security of persons or property. Request for review (2) A holder of a licence, permit or certificate may, within 30 days after the day on which they receive a notice of cancellation from the Minister, send the Minister a written request for a review of the cancellation on the grounds that the information on which the cancellation was based is incorrect, accompanied by any additional documents or any other information in writing that is necessary to support the request. Decision — request for review (3) After reviewing the request under subsection (2), the Minister must (a) reissue the licence, permit or certificate, if the information on which the cancellation was based is incorrect; or (b) give the holder written notice of the cancellation, and the reasons for the cancellation, if the information on which the cancellation was based is correct. SOR/2024-77, s. 44
Explosives Regulations, 2013 — 174
Overview 174 This Part sets out the screening requirements for people who have access to high hazard explosives. Division 1 sets out the requirements that must be met by applicants for licences, permits or certificates if they intend to manufacture, store, import or export high hazard explosives or transport them in transit. Division 2 sets out the duties of licence, permit and certificate holders to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval. SOR/2013-211, s. 502 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 175
Definitions 175 (1) The following definitions apply in this Part. approval letter means an approval letter issued by the Minister under section 183. ( lettre d’approbation ) certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. ( certificat ) 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 ) 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 ) licence means a licence that authorizes the storage of a high hazard explosive. ( licence ) permit means a permit that authorizes the importation, exportation or in transit transportation of a high hazard explosive. ( permis ) Access (2) A person is considered to have access to a high hazard explosive if it is possible for them to come into contact, even momentary contact, with such an explosive. SOR/2013-211, s. 503; SOR/2016-75, s. 38; SOR/2018-231, s. 18 SOR/2022-121, s. 4(F) SOR/2024-77, s. 45
Explosives Regulations, 2013 — Explosives Regulations, 2013
approval letter means an approval letter issued by the Minister under section 183. ( lettre d’approbation )
Explosives Regulations, 2013 — Explosives Regulations, 2013
certificate means a certificate that authorizes the manufacture or storage of a high hazard explosive. ( certificat )