Canada Gazette, Part I, Volume 151, Number 48: Regulations Amending the Explosives Regulations, 2013
December 2, 2017
Statutory authority
Explosives Act
Sponsoring department
Department of Natural Resources
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the Regulations Amending the Cargo, Fumigation and Tackle Regulations.
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council, pursuant to section 5 (see footnote a) of the Explosives Act (see footnote b), proposes to make the annexed Regulations Amending the Explosives Regulations, 2013.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jean-Luc Arpin, Director, Chief Inspector of Explosives, Natural Resources Canada, 580 Booth Street, 10th Floor, Room: D1-2, Ottawa, Ontario K1A 0E4 (tel.: 343-292-8731; fax: 613-948-5195; email: jean-luc.arpin@canada.ca).
Ottawa, November 23, 2017
Jurica Čapkun
Assistant Clerk of the Privy Council
Regulations Amending the Explosives Regulations, 2013
Amendments
1 Paragraph 5(1)(c) of the Explosives Regulations, 2013 (see footnote 1) is replaced by the following:
- (c) explosives classified as UN 3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;
2 Subsection 26(3) of the Regulations is replaced by the following:
Specified period
(3) An authorization for a specified period is issued if the explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks).
3 The portion of section 29 of the Regulations before paragraph (a) is replaced by the following:
Application for specified period
29 An applicant for an authorization for a specified period, if the (see footnote 2) explosive is for use other than at a special event, tour or international competition involving fireworks, 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:
4 (1) The portion of section 30 of the Regulations before paragraph (a) is replaced by the following:
Application for specified period — other activities
30 An applicant for an authorization for a specified period, if the (see footnote 3) explosive is for use at a special event, tour or international competition involving fireworks, 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:
(2) Paragraphs 30(d) and (e) of the Regulations are replaced by the following:
- (d) the places and dates of the special event, tour or international competition at which the explosive will be used;
- (e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized;
(3) Paragraph 30(g) of the Regulations is replaced by the following:
- (g) the method to be used to destroy any of the explosive that is not used before the authorization expires.
5 Section 37 of the Regulations is amended by adding the following after subsection (3):
Exception
(4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if
- (a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods, published by the United Nations;
- (b) the UN number assigned to the explosives by the competent authority of the country of origin has not changed; and
- (c) the Chief Inspector of Explosives has received a written notice of any change to the explosive.
6 Subsection 40(3) of the Regulations is replaced by the following:
Duties upon recall
(3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a safe manner.
7 The definition lieu de stockage sûr in subsection 44(1) of the French version of the Regulations is replaced by the following:
lieu de stockage sûr Lieu autorisé par le ministre ou par une province pour le stockage du type et de la quantité d' (see footnote 4)explosif à transporter en transit. (secure storage site)
8 The table to section 45 of the Regulations is replaced by the following:
| Item | Column 1 Explosive |
Column 2 Quantity |
|---|---|---|
| 1 | Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging) | 6 |
| 2 | Avalanche airbag systems | 3 |
| 3 | Small arms cartridges — imported or exported | 5 000 |
| 4 | Small arms cartridges — transported in transit | 50 000 |
| 5 | Percussion caps (primers) for small arms cartridges — imported or exported | 5 000 |
| 6 | Percussion caps (primers) for small arms cartridges — transported in transit | 50 000 |
| 7 | Empty primed small arms cartridge cases — imported or exported | 5 000 |
| 8 | Empty primed small arms cartridge cases — transported in transit | 50 000 |
| 9 | Black powder and hazard category PE 1 black powder substitutes | 8 kg, in containers of 500 g or less |
| 10 | Smokeless powder and hazard category PE 3 black powder substitutes | 8 kg, in containers of 4 kg or less |
9 Subsection 47(4) of the Regulations is replaced by the following:
Exception
(4) Paragraph 2(d) does not apply in the case of fireworks that are imported for use at a special event, tour or international competition if the instructions are printed in a language understood by the person who will use the fireworks.
10 In paragraphs 50(j) and (k) of the French version of the Regulations, “sécuritaire” and “sécuritaires” are replaced respectively by “sûr” and “sûrs”.
11 Subsection 51(2) of the Regulations is replaced by the following:
Interruption of in transit transportation
(2) If anything interrupts an in transit transportation of explosives and, as a consequence, the explosives need to be stored, the holder of the in transit permit must ensure that they are stored in a licensed magazine, (see footnote 5)storage unit or dwelling in accordance with these Regulations or at a secure storage site.
12 Paragraph 84(b) of the Regulations is replaced by the following:
- (b) remain under the supervision of a competent person while at the factory or satellite site, unless the holder of the division 1 factory licence has reasonable grounds to believe that the worker understands the hazards to which the worker could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.
13 Subsection 101(2) of the Regulations is replaced by the following:
Visitors
(2) While at a factory or satellite site, a visitor must remain under the supervision of a competent person, unless the holder has reasonable grounds to believe that the visitor understands the hazards to which the visitor could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.
14 Section 107 of the Regulations is renumbered as subsection 107(1) and is amended by adding the following:
Transportation of black powder charges
(2) For the purpose of transporting black powder charges manufactured under paragraph (1)(h), the charges are classified as UN 0027.
15 The Regulations are amended by adding the following after section 135:
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.
16 The portion of section 168 of the Regulations before paragraph (a) is replaced by the following:
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 (see footnote 6) explosives under their control for which a licence, permit or certificate is required
17 The portion of subsection 170(1) of the Regulations before paragraph (a) is replaced by the following:
Annual report
170 (1) For any calendar year during which a holder of a factory licence, an import or export permit or a manufacturing certificate carries out an (see footnote 7) activity involving an explosive of type E, I or D, the holder must submit a report to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The report must include, for each (see footnote 8) explosive,
18 The definition equivalent document in subsection 175(1) of the Regulations is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
- (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. (document équivalent)
19 Section 177 of the Regulations is replaced by the following:
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.
20 Section 186 of the Regulations is replaced by the following:
Overview
186 This Part sets out the requirements for transporting (see footnote 9)explosives, including in transit transportation and the loading and unloading of explosives, that must be met by owners, 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.
21 The heading before subsection 190(1) of the Regulations is replaced by the following:
Exemption of Certain Explosives
22 The portion of subsection 190 of the Regulations before subparagraph (a) is replaced by the following:
List of explosives
190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport
23 Section 191 of the Regulations is amended by adding the following after subsection (3):
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.
24 (1) Subsection 196(6) of the Regulations is replaced by the following:
Repairs
(6) In the case of a mechanical breakdown of a vehicle transporting explosives, the driver must ensure that repairs to the vehicle are done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.
Tools and devices for repair
(6.1) The driver must ensure that repairs that involve power tools or heat-producing devices or that could increase the likelihood of an ignition are not made to the vehicle while it contains explosives.
(2) Subsection 196(9) of the Regulations is replaced by the following:
Towed vehicle
(9) Except at a mine site or quarry, the driver of a vehicle transporting explosives must ensure that the vehicle is not towed unless the Minister or a police officer directs that it be towed because of an emergency or a breakdown.
25 Subsection 198(1) of the Regulations is replaced by the following:
Tracking and communication systems
198 (1) If a vehicle — other than a vehicle in which a (see footnote 10)manufacturing operation may be carried out — is used to transport 1 000 or more detonators or at least 2 000 kg of an (see footnote 11)explosive that is listed in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system.
26 Subsection 201(1) of the Regulations is replaced by the following:
Accidents and incidents
201 (1) The driver of a vehicle that contains (see footnote 12)explosives and is involved in an accident or incident that is likely to delay the delivery of the explosives must, as soon as the circumstances permit, notify the police, the shipper and the carrier of the accident or incident and of the delay.
27 The Regulations are amended by adding the following after section 203:
Transportation by vessel
203.1 (1) Subject to subsection (3), no person shall, at a wharf or port facility, load onto or unload from a vessel packaged goods that contain 25 kg or more of explosives unless
- (a) the quantity of explosives does not exceed 20 000 kg and the explosives are loaded or unloaded by driving a single vehicle directly aboard a roll-on, roll-off cargo vessel immediately before departing, or driving it ashore immediately after arrival, on a last-on, first-off basis; or
- (b) a quantified risk assessment that meets the requirements of subsection (5) has been conducted on the wharf or port facility where explosives of the types in question will be loaded or unloaded and an inspector has determined that the quantity of explosives to be loaded or unloaded does not exceed the maximum quantity permitted for each type of explosive and hazard category in the assessment report and the safety measures set out in the report are complied with.
Additional safety measures
(2) An inspector who makes the determination referred to in paragraph (1)(b) must impose any additional safety measures that are necessary for the safe loading and unloading of the explosives.
Maximum waiting time
(3) If explosives are loaded or unloaded under paragraph (1)(a) and, during that time the maximum waiting time of the vehicle dockside must not exceed 30 minutes, the vehicle must be parked as far as the circumstances permit from all areas used by the general public or for the handling or storage of other cargo.
Exception
(4) Subsections (1) and (3) do not apply to explosives included in Class 1.4S of the International Maritime Dangerous Goods Code, published by the International Maritime Organization.
Quantified risk assessment — requirements
(5) The quantified risk assessment must meet the following requirements:
- (a) its methodology must be approved by the Chief Inspector of Explosives;
- (b) it must be conducted by a person who is qualified to carry out quantified risk assessments of (see footnote 13)activities involving explosives;
- (c) it must establish safety measures, including quantity limits, for loading and unloading the types of explosives in question, taking into account the hazard categories of the explosives;
- (d) the safety measures must ensure that the risk of harm to people and property resulting from loading or unloading the explosives does not increase the risk to people who are not involved in loading or unloading the explosives or the risk to property; and
- (e) the safety measures must be set out in a report that has been approved by an inspector.
Approval of methodology — criteria
(6) The Chief Inspector of Explosives must approve the methodology to be used in a quantified risk assessment if he or she determines that the methodology is capable of accurately calculating the risks to people and property resulting from the loading and unloading of explosives at the wharf or port facility to be assessed, taking into account
- (a) the types of explosives that will be loaded or unloaded and the quantity of each type;
- (b) the hazard categories of the explosives;
- (c) the structure of the vessel onto which the explosives will be loaded or from which they will be unloaded;
- (d) the distance between the explosives and people likely to be in the vicinity;
- (e) the characteristics, proximity and use of the surrounding structures and infrastructure; and
- (f) the activities that are likely to be carried out in the vicinity.
Approval of report — criteria
(7) An inspector to whom a quantified risk assessment report has been submitted must approve the report if he or she determines that the safety measures in it meet the requirements referred to in paragraphs (5)(c) and (d).
28 Subsection 218(2) of the Regulations is replaced by the following:
Exception
(2) Subsection (1) does not apply to
- (a) the outer packaging or containers of explosives if the number is contained in a barcode or matrix code that is printed on the packaging or container;
- (b) containers holding explosives in bulk;
- (c) intermediate bulk containers holding explosives in bulk; or
- (d) plastic bags that meet the requirements of UN 5H4.
29 Section 227 of the Regulations is replaced by the following:
Distributor and retailer
227 A distributor or retailer may acquire, store and sell blank cartridges for tools whether or not they hold a licence. A distributor or retailer who acquires blank cartridges for tools must comply with this Division.
30 Section 230 of the Regulations is repealed.
31 Section 236 of the Regulations is repealed.
32 Subsection 304(1) of the English version of the Regulations is replaced by the following:
Storage requirements — dwelling
304 (1) When propellant powder, percussion caps or black powder cartouches are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the propellant powder, percussion caps or black powder cartouches.
33 The definition special effect pyrotechnics in section 361 of the Regulations is replaced by the following:
special effect pyrotechnics means, in addition to any (see footnote 14)explosive classified as type F.3, the following types of explosive if it will be used to produce a special effect in a film or television production or a performance before a live audience:
- (a) fireworks accessories (type F.4);
- (b) black powder and hazard category PE 1 black powder substitutes (type P.1);
- (c) smokeless powder and hazard category PE 3 black powder substitutes (type P.2);
- (d) initiation systems (type I) (for example, blasting accessories);
- (e) detonating cord (type E.1); and
- (f) low-hazard special purpose explosives (Type S.1) and high-hazard special purpose explosives (Type S.2). (pièce pyrotechnique à effets spéciaux)
34 Subsection 365(2) of the Regulations is repealed.
35 (1) Subsection 388(3) of the Regulations is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).
(2) Paragraphs 388(4)(a) to (c) of the Regulations are replaced by the following:
- (a) for a fireworks operator certificate (senior pyrotechnician), establish that they have acted as a pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3 and propellant powder;
- (b) for a fireworks operator certificate (special effects pyrotechnician), establish that they have acted as a senior pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3, propellent powder and special purpose pyrotechnics; and
- (c) for a fireworks operator certificate (special effects pyrotechnician — detonating cord), establish that they have acted as a special effects pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use initiation systems and detonating cords.
36 (1) Subsections 398(1) and (2) of the Regulations are repealed.
(2) Subsection 398(3) of the Regulations is replaced by the following:
Storage — site of use
(3) Any (see footnote 15)storage unit at the site of use must be located in an area that is not accessible to the public.
37 Section 412 of the Regulations is replaced by the following:
Quantity of display fireworks
412 A reference to a mass of display fireworks or their accessories in this Part is a reference to their net quantity (the mass of the fireworks excluding the mass of any packaging or container).
38 Paragraphs 420(b) and (c) of the Regulations are replaced by the following:
- (b) in the case of a sale to a licensed buyer, the number and expiry date of their licence;
- (c) in the case of a sale to the holder of a fireworks operator certificate, the number and expiry date of the certificate and a copy of a (see footnote 16)local authority's approval to hold the fireworks display in which the fireworks will be used;
39 Section 426 of the Regulations is replaced by the following:
Storage — display supervisor in charge
426 A user who is the display supervisor in charge of a display, whether or not they hold a licence, may store the fireworks to be used in a display –– to a maximum of 500 electric matches and 100 kg of other fireworks — in a (see footnote 17)storage unit if they obtain the written approval of the (see footnote 18)local authority to do so. The user must ensure that the requirements in section 427 are met.
40 Paragraphs 432(1)(d) and (e) of the Regulations are replaced by the following:
- (d) the type of fireworks to be used;
- (d.1) the diameter in millimetres of the largest aerial shell to be used or, if no aerial shells are to be used, the maximum height the fireworks will reach during the display;
- (e) the quantity of fireworks to be used;
41 Subsection 434(5) of the Regulations is replaced by the following:
Handling
(5) Only a person who holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor), fireworks operator certificate (display supervisor with endorsement) or fireworks operator certificate (display visitor) and is authorized by the display supervisor in charge may handle fireworks in the danger zone or fallout zone.
| Item | Column 1 Authorization, Permit, Licence or Certificate |
|---|---|
| 2 | Authorization for a specified period, for use other than at a special event, tour or international competition |
| Item | Column 1 Authorization, Permit, Licence or Certificate |
Column 2 Fees |
|---|---|---|
| 3 | Authorization for a specified period for use at a special event, tour or international competition | $500 for each (see footnote 19) pyrotechnic event or fireworks display, subject to a maximum fee of $2,500 for events or displays that are part of the same special event, tour or international competition |
43 The Regulations are amended by replacing “ (see footnote 20)product name” with “product name” in the following provisions:
- (a) paragraph 47(5)(b);
- (b) paragraph 74(3)(b); and
- (c) paragraph 117(2)(b).
44 The French version of the Regulations is amended by replacing “nom de produit” with “*nom de produit” in the following provisions:
- (a) paragraph 30(b);
- (b) paragraph 41(1)(b);
- (c) paragraph 46(1)(c);
- (d) paragraph 47(2)(c);
- (e) paragraph 48(c);
- (f) paragraph 50(c);
- (g) paragraph 51(1)(a);
- (h) subparagraph 60(5)(a)(i);
- (i) paragraph 74(1)(c);
- (j) paragraph 90(1)(a);
- (k) paragraph 117(1)(a);
- (l) paragraph 127(a);
- (m) paragraph 209(c);
- (n) paragraph 219(c);
- (o) paragraph 250(c);
- (p) paragraph 261(c);
- (q) paragraph 295(c);
- (r) paragraph 328(c);
- (s) paragraph 345(d);
- (t) paragraph 353(c);
- (u) paragraph 371(c);
- (v) paragraph 403(1)(c);
- (w) paragraph 409(d);
- (x) paragraph 420(d);
- (y) paragraph 439(d);
- (z) paragraph 461(1)(b);
- (z.1) paragraph 475(1)(e); and
- (z.2) paragraph 492(1)(e).
45 The English version of the Regulations is amended by replacing “ (see footnote 21)product name” with “product name” in the following provisions:
- (a) paragraph 47(7)(c);
- (b) paragraph 49(2)(c);
- (c) paragraph 50(d);
- (d) paragraph 51(3)(c);
- (e) paragraph 209(d);
- (f) paragraph 219(d);
- (g) paragraph 250(d);
- (h) paragraph 261(d);
- (i) paragraph 295(d);
- (j) paragraphs 328(d) and (e);
- (k) paragraph 353(d);
- (l) paragraph 371(d);
- (m) paragraph 409(e);
- (n) paragraph 420(e); and
- (o) paragraph 439(e).
Coming into Force
46 These Regulations come into force on the day on which they are registered.
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