GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Explosives Regulations, 2013 — 124
Knowledge 124 A holder of a division 2 factory licence or manufacturing certificate must have knowledge of the following matters and must ensure that these matters are communicated to the workers at the workplace: (a) the provisions of the Explosives Act and these Regulations; (b) the terms and conditions of the licence or certificate, including the maximum quantity of explosives and raw material and the maximum number of people authorized to be in the workplace at any one time; (c) all safety rules respecting the manufacture of explosives at the workplace; (d) the personal protective equipment that is needed to protect people from the hazards to which they could be exposed; (e) all emergency plans for the workplace, including the evacuation plan; (f) the hazards of, and safe handling practices for, the explosives and raw material at the workplace; (g) the precautions that must be taken to minimize the likelihood of harm to people and property during manufacturing operations, including harm resulting from chemical incompatibility; (h) the operation of the equipment at the workplace; (i) the maintenance and repair of the equipment, including decontamination; and (j) procedures for inspecting the workplace or equipment after maintenance and repair work has been done. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 125
Responsibilities of holder 125 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the management requirements set out in sections 126 to 128 are met at the workplace.
Explosives Regulations, 2013 — 126
Operating procedures 126 Operating procedures must be put in place for each of the following: (a) every activity specified in the division 2 factory licence or manufacturing certificate; (b) the destruction of explosives, explosives waste and explosives-contaminated material; (c) the management of spills and their clean-up; (d) the response to emergency situations; (e) the decontamination of the workplace and all tools and equipment. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 127
Records 127 A record of each explosive in the workplace (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive, (a) the product name, UN number and a short description of the explosive; (b) if the explosive was acquired, the quantity acquired and the date of acquisition; (c) if the explosive was used to manufacture an explosive, the quantity used and the date of use; (c.1) if the manufactured explosive referred to in paragraph (c) was used at the workplace, the quantity used and the date of use; (d) if the explosive was manufactured in the workplace, the quantity manufactured and the date of manufacture; (e) if the explosive was stored, the quantity stored, the place in which it was stored and the dates on which it was placed in and removed from storage; (f) if the explosive was shipped from the workplace, the quantity shipped, the date of shipment and the address of the person to whom it was shipped; and (g) if the explosive was destroyed at the workplace, the quantity destroyed and the date of destruction. SOR/2016-75, s. 39; SOR/2018-231, s. 44(F) SOR/2022-121, s. 4 SOR/2024-77, s. 31
Explosives Regulations, 2013 — 128
Copy — licence or certificate 128 (1) A copy of the division 2 factory licence or the manufacturing certificate and all documents that are referred to in the licence or certificate must be kept at the workplace. Copy — Division 2 (2) A copy of this Division must be made available to workers at the workplace.
Explosives Regulations, 2013 — 129
Visitors 129 (1) Before entering, a visitor to a workplace must obtain the permission of the holder of the division 2 factory licence or manufacturing certificate. They must remain under the supervision of a competent person at all times. Performance-diminishing substance (2) A person must not enter a workplace if they are under the influence of or are carrying alcohol or another performance-diminishing substance. However, a person who has taken a prescription drug may enter if they have medical proof that they need the drug and that it will not impede their ability to function safely.
Explosives Regulations, 2013 — 130
Personal protective equipment 130 (1) Every person at a workplace must wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed. Hair, clothing and accessories (2) Every person at a workplace must confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the person. Electronic devices (3) Every person must deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the workplace where the device, if activated, could increase the likelihood of an ignition.
Explosives Regulations, 2013 — 131
No smoking 131 A person must not smoke at a workplace.
Explosives Regulations, 2013 — 132
Qualifications 132 (1) A person must not manufacture explosives at a workplace unless they meet the following requirements: (a) they are a competent person; or (b) they are at least 18 years old, participating in a training program and under the direct supervision of a competent person. Other tasks (2) A person must not carry out a task at a workplace unless they have been trained in that task and understand the hazards to which they could be exposed. They must take the precautions that they are directed to take to minimize the likelihood of an accidental ignition. SOR/2022-121, s. 4 SOR/2024-77, s. 32
Explosives Regulations, 2013 — 133
Restriction 133 A person who manufactures an explosive under the authority of this Division must comply with Parts 10 to 18. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 134
Experiments 134 (1) A school, college, university or other learning institution, or a law enforcement or government agency, that complies with subsection (2) may manufacture up to 50 g of explosives for the purposes of an experiment, demonstration, test or analysis. Requirements (2) The institution or agency must ensure that the following requirements are met: (a) the manufacturing must be carried out with the consent of the management of the institution or agency by one of its employees or by a person who is at all times under the direct supervision of an employee; (b) the employee must know how to carry out the manufacturing in a manner that minimizes the likelihood of harm to people and property and be aware of the precautions that must be taken to minimize the likelihood of harm to people and property; (c) every person who carries out the manufacturing must be at least 18 years old; (d) precautions that will eliminate any possibility of an accidental ignition must be taken; (e) explosives must not be removed from the location where they are manufactured except for the purpose of destroying them; and (f) all explosives must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 135
Assembling explosives for use 135 (1) A person who complies with subsection (2) may assemble explosives by combining explosive articles (for example, a detonator with a booster, a detonating cord with an explosive cartridge or fireworks with fireworks accessories) at the place where the explosives will be used. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the explosive articles must be on the list of authorized explosives referred to in subsection 41(1); (b) the explosive articles must not be altered, except that cartridges may be cut or slit and detonating cord and fuses may be cut or trimmed; and (c) precautions that minimize the likelihood of an accidental ignition must be taken. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 135.1
Christmas crackers 135.1 (1) A person who complies with subsection (2) may assemble Christmas crackers. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the snap to be used in the cracker must be on the list of authorized explosives referred to in subsection 41(1); (b) the amount of explosive in each cracker must be less than 2 mg; and (c) precautions that minimize the likelihood of an accidental ignition must be taken. SOR/2018-231, s. 15 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 136
Underground activities 136 (1) A person who complies with subsection (2) may carry out any of the following activities underground at an underground mine or underground construction project: (a) pneumatically transferring explosives; (b) pumping, thickening or gassing either emulsion explosives or water gel explosives while charging boreholes; or (c) blending emulsion explosives or water gel explosives with ammonium nitrate or ammonium nitrate/fuel oil mixtures while charging boreholes. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1); (b) the equipment used to pump, thicken, gas or blend emulsion explosives or water gel explosives must be designed to minimize the likelihood of an ignition, including an ignition resulting from pumping against a blocked outlet or from running the pump without any feed; (c) all progressive cavity pumps must be equipped with at least two independent safety shutdown systems to prevent an excessive rise in temperature; (d) if the person is assisted by another person, the other person must be trained to operate the equipment; (e) a preventive maintenance procedure must be put in place for the equipment, including the pumps; (f) maintenance must be performed by workers who are knowledgeable about the equipment to be maintained; and (g) precautions that minimize the likelihood of an ignition must be taken. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 137
Pneumatic transfer of explosives 137 (1) A person who complies with subsection (2) may pneumatically transfer explosives at a surface mine or a quarry. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the explosives must be on the list of authorized explosives referred to in subsection 41(1); (b) the device used for pneumatic charging must have a maximum capacity of 100 kg and the explosives used in the pneumatic charging must be in bags, each with a maximum capacity of 30 kg; and (c) precautions that minimize the likelihood of an ignition must be taken. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 138
Multi-ingredient kits 138 (1) A person may mix together the ingredients of a multi-ingredient kit if they comply with subsection (2) and if the kit is not a reactive target. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the kit must be on the list of authorized explosives referred to in subsection 41(1); (b) the mixing must be carried out at the place where the explosive to be manufactured will be used; (c) precautions that minimize the likelihood of an ignition must be taken; (d) if the explosive to be manufactured is classified as type F.3, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician; and (e) if the explosive to be manufactured is a special purpose explosive, the person mixing the ingredients must hold a fireworks operator certificate — pyrotechnician or a Firearms Possession and Acquisition Licence issued under the Firearms Act . SOR/2022-121, s. 4 SOR/2024-77, s. 33 SOR/2024-77, s. 145
Explosives Regulations, 2013 — 138.1
Reactive targets 138.1 (1) A person may mix together the ingredients of a reactive target kit if they comply with subsection (2). Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the reactive target kit must be on the list of authorized explosives referred to in subsection 41(1); (b) the mixing must be carried out at the place where the explosive to be manufactured will be used; (c) precautions that minimize the likelihood of an ignition must be taken; (d) the person mixing the ingredients must hold a Firearms Possession and Acquisition Licence issued under the Firearms Act ; (e) the instructions displayed on the packaging for mixing the ingredients must be followed and if there are no such instructions, the ingredients in the reactive target kit must not be mixed or used; (f) foreign matter must not be added to the reactive target kit when mixing the ingredients or before use; (g) only one reactive target kit must be mixed at a time; (h) a reactive target kit may not be combined with other reactive target kits or foreign matter; and (i) once mixed, a reactive target kit must not be stored or transported. SOR/2024-77, s. 34
Explosives Regulations, 2013 — 139
Spills or accidents 139 (1) A person who complies with subsection (2) may remove explosives from, or repackage explosives at, the site of an accident or spill. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) precautions that minimize the likelihood of an ignition must be taken; (b) any packaging used must prevent the explosives involved from leaking or spilling and minimize the likelihood of an accidental ignition; and (c) the Chief Inspector of Explosives must be notified of the accident or spill within 12 hours after the removal or repackaging begins. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 140
Emergency response assistance plan 140 (1) A person may pump explosives numbered UN 0332, as classified by the Chief Inspector of Explosives under the Explosives Act , and explosives numbered UN 3375 in activating an emergency response assistance plan approved by the Minister of Transport under the Transportation of Dangerous Goods Act, 1992 if they comply with subsection (2). Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) written permission must be obtained from a holder of a division 1 factory licence that authorizes the manufacture of blasting explosives in bulk to store the pumped explosives at the holder’s factory and to decontaminate the pumping equipment there; (b) a pump that is safe for pumping the explosives must be used; (c) the explosives and contaminated equipment must be stored at the factory; and (d) a copy of the follow-up report that is required under Part 8 of the Transportation of Dangerous Goods Regulations must be submitted to the Chief Inspector of Explosives within 30 days after the date on which the explosives are pumped. SOR/2022-121, s. 4 SOR/2024-77, s. 35
Explosives Regulations, 2013 — 141
Industrial explosives 141 (1) A person who complies with subsection (2) may destroy deteriorated, expired or misfired industrial explosives by placing them in a borehole with other explosives and igniting the other explosives. Requirements (2) The person who carries out the activity must ensure that the following requirements are met: (a) the explosives to be destroyed and the other explosives must have similar properties (for example, similar density and propensity to detonate); and (b) the presence of the other explosives at the time of the ignition must not increase the likelihood of harm to people or property. SOR/2022-121, s. 4 SOR/2024-77, s. 36(F)
Explosives Regulations, 2013 — 142
Destruction 142 A government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an explosive if it does so in the course of its duties. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 143
Overview 143 This Part sets out how to obtain a vendor magazine licence, a user magazine licence or a user magazine zone licence. It also sets out the rules applicable to holders of these licences.
Explosives Regulations, 2013 — 144
Definitions 144 The following definitions apply in this Part. distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. ( établissement de distribution ) magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. ( site de poudrière ) retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. ( établissement de vente au détail ) user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. ( licence de poudriére (utilisateur) ) user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. ( licence de poudrière (utilisateur-zone) ) vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. ( licence de poudrière (vendeur) ) SOR/2016-75, s. 13
Explosives Regulations, 2013 — Explosives Regulations, 2013
distribution establishment means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. ( établissement de distribution )
Explosives Regulations, 2013 — Explosives Regulations, 2013
magazine site means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. ( site de poudrière )
Explosives Regulations, 2013 — Explosives Regulations, 2013
retail establishment means an establishment where explosives are stored for sale that is not a distribution establishment. ( établissement de vente au détail )
Explosives Regulations, 2013 — Explosives Regulations, 2013
user magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. ( licence de poudriére (utilisateur) )
Explosives Regulations, 2013 — Explosives Regulations, 2013
user magazine zone licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. ( licence de poudrière (utilisateur-zone) )
Explosives Regulations, 2013 — Explosives Regulations, 2013
vendor magazine licence means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. ( licence de poudrière (vendeur) )
Explosives Regulations, 2013 — 145
the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire; (b) the emergency procedures to be followed in case of a fire, including (i) activation of the alarms, (ii) notification of the fire department, and (iii) evacuation procedures, including evacuation routes and safe assembly places; (c) the circumstances in which a fire should or should not be fought and a procedure for determining whether a fire should be fought; and (d) the measures to be taken to train employees in the measures, procedures and circumstances described in the plan. Site security plan (5) If type E, I or D explosives are to be stored at the site, the application must include a security plan that includes (a) an assessment of the security risks resulting from the presence of explosives at the site; (b) a description of the measures to be taken to minimize those risks; (c) a description of the procedures to be followed in response to security incidents; and (d) a description of the procedures to be followed to report security incidents. Marine flare destruction plan (6) If the site is a distribution establishment at which marine flares (type S.1 or S.2) are to be stored, the application must include a plan for destroying expired marine flares that are returned to the site. The plan must set out where and how the marine flares will be stored and destroyed. Identifier (7) Every magazine and vulnerable place that is shown on a site plan must be identified by a number, letter or distinctive name, which must be used to identify the magazine or vulnerable place on the site plan and in the site description. The identifier of the magazine must be posted on the exterior of the magazine. Scale drawing (8) Every drawing or plan must be drawn to scale or be a reasonable approximation of actual distances and dimensions and must include a legend. Initial site (9) If the application is for a user magazine zone licence, the requirements of subsections (1) to (8) apply to the initial magazine site. Fees (10) An applicant for a magazine licence must pay the applicable fees set out in Part 19. SOR/2016-75, ss. 40, 41 SOR/2022-121, s. 4 SOR/2024-77, s. 37
Explosives Regulations, 2013 — 146
Responsibilities of licence holder 146 A holder of a magazine licence must ensure that the requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.
Explosives Regulations, 2013 — 147
Acceptable distance requirement 147 (1) Every magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present. Criteria — acceptable distance (2) In the case of a vendor magazine licence and a user magazine licence, 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 to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time. Criterion — user magazine zone licence (3) In the case of a user magazine zone licence, acceptable distance is 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. 38, 40 SOR/2022-121, s. 4
Explosives Regulations, 2013 — 148
Structural requirements 148 Every magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise. SOR/2022-121, s. 4
Explosives Regulations, 2013 — 149
Authorized storage 149 (1) An explosive may be stored in a magazine only if the licence authorizes the storage of that explosive in that magazine. Other materials and equipment (2) Materials and equipment may be brought into or stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition. SOR/2022-121, s. 4