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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2024-05-01 and last amended on 2023-06-03. Previous Versions

PART 5Manufacturing Explosives (continued)

DIVISION 2Manufacturing Explosives under a Division 2 Factory Licence or a Manufacturing Certificate (continued)

SUBDIVISION cRequirements for Holders (continued)

Marginal note:Activities prohibited

  •  (1) When explosives are being manufactured or stored at a workplace, no other activities may be carried out there.

  • Marginal note:Competent person

    (2) All manufacturing operations at the workplace must be carried out by a competent person.

  • Marginal note:Condition of workplace

    (3) The workplace must be kept clean, dry and organized. Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit to eliminate any possibility of an ignition.

  • Marginal note:Foreign matter

    (4) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing begins.

  • Marginal note:Containers

    (5) All raw material, explosive substances and explosives waste must be kept in closed containers that prevent spills and contamination. The contents of each container must be clearly identified on a label attached to the container.

  • Marginal note:Disposal of waste and contaminated material

    (6) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Removal of explosives

    (7) Unless the division 2 factory licence or manufacturing certificate provides otherwise, explosives must be removed as soon as the circumstances permit after they are manufactured from the part of the workplace where they were manufactured to the part of the workplace where they will be stored.

  • Marginal note:Decontamination

    (8) A workplace that is no longer being used to manufacture explosives must be decontaminated as soon as the circumstances permit. Contaminated equipment at the workplace must be decontaminated before it is removed.

  • Marginal note:Thunderstorms

    (9) On the approach of a thunderstorm, all manufacturing operations in the workplace must be shut down and all people in the workplace must be immediately moved to a safe place. Until the storm passes, the operations must remain shut down and the people must not be permitted to return.

Marginal note:Maintenance

  •  (1) Maintenance and repair work done at or to a workplace, or to equipment in it, must be carried out by a competent person.

  • Marginal note:Hazardous work

    (2) Any work that involves the use of a device that produces heat, flame or sparks or involves grinding or impact must be done in a manner that does not increase the likelihood of an ignition.

Marginal note:Warning sign

 A sign that warns against unauthorized entry must be posted at each entrance to the workplace.

Labelling

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the labelling requirements set out in section 117 are met at the workplace.

Marginal note:Information displayed on explosives

  •  (1) The following information must be legibly printed on each explosive that is manufactured in the workshop, or if that is not possible, on a label affixed to the explosive or, if even that is not possible, on the packaging containing the explosive or a label affixed to its packaging:

    • (a) the product name of the explosive and the name and address of the person who obtained its authorization;

    • (b) the date on which the explosive was manufactured and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured; and

    • (c) instructions, in both English and French, for its safe handling, storage, use and destruction.

  • Marginal note:Information on packaging

    (2) The following information must be legibly printed on the packaging containing the explosive or on a label affixed to its packaging:

    • (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Reloaded Cartridges/Cartouches rechargées”, as the case may be, on the outer packaging and any inner packaging;

    • (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

    • (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and

    • (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

Safety of People at the Workplace

Marginal note:Responsibilities of holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the requirements relating to personal safety set out in sections 119 and 120 are met at the workplace.

Marginal note:Supervision

 Every person at a workplace, other than a worker, must be kept under the direct supervision of a competent person at all times.

Marginal note:Personal protective equipment

  •  (1) Every person at a workplace must be required to wear the personal protective equipment, clothing and devices that are needed to protect them from the hazards to which they could be exposed.

  • Marginal note:Hair, clothing and accessories

    (2) Every person at a workplace must be required to confine or cover any loose hair and to 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.

  • Marginal note:Electronic devices

    (3) Every person at a workplace must be required to 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.

  • Marginal note:Performance-diminishing substance

    (4) A person must not be authorized to enter the workplace if there are reasonable grounds to believe that 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 be authorized to enter if they have medical proof that the drug is needed and that it will not impede their ability to function safely.

  • Marginal note:No smoking

    (5) Smoking must be prohibited in the workplace.

  • Marginal note:No fire-producing devices

    (6) Fire-producing devices (for example, matches and lighters) must not be permitted in the workplace unless they are authorized by the division 2 factory licence or manufacturing certificate.

Knowledge of the Workplace

Marginal note:Responsibilities of certificate holder

 A holder of a division 2 factory licence or a manufacturing certificate must ensure that the training requirements set out in sections 122 and 123 are met at the workplace.

Marginal note:Qualifications

  •  (1) A person must not be permitted to manufacture explosives at a workplace unless they meet the following requirements:

    • (a) they are a competent person; or

    • (b) they are at least 17 years old, participating in a training program and under the direct supervision of a competent person.

  • Marginal note:Competent person

    (2) A competent person is a person who meets the following requirements:

    • (a) they are at least 18 years old; and

    • (b) the holder of the division 2 licence or manufacturing certificate believes on reasonable grounds that the person understands the hazards to which they could be exposed in the workplace and is competent to carry out their duties in manner that is safe and lawful and ensures the security of the workplace.

Marginal note:Record

 A training record and a record of work experience must be kept for each worker for two years after the date on which it is made.

Marginal note:Knowledge

 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.

Management of the Workplace

Marginal note:Responsibilities of holder

 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.

Marginal note:Operating procedures

 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.

Marginal note:Records

 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 and a short description of the explosive and its properties;

  • (b) if the explosive was received, the quantity received and the date of reception;

  • (c) if the explosive was used to manufacture an explosive, 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.

Marginal note:Copy — licence or certificate

  •  (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.

  • Marginal note:Copy — Division 2

    (2) A copy of this Division must be made available to workers at the workplace.

SUBDIVISION dRequirements for People at a Workplace

Marginal note:Visitors

  •  (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.

  • Marginal note: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.

Marginal note:Personal protective equipment

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:No smoking

 A person must not smoke at a workplace.

Marginal note:Qualifications

  •  (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 17 years old, participating in a training program and under the direct supervision of a competent person.

  • Marginal note: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.

 

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