Explosives Regulations, 2012

Statutory authority

Explosives Act

Sponsoring department

Department of Natural Resources

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary



Issue: The Explosives Regulations are out of date and make it difficult for regulatees to determine their obligations in order to comply with the Regulations. Several areas of industrial safety and security must be enhanced to be in line with industry best practices such as quality management systems and personnel training, and certain gaps must be filled in order to ensure an appropriate level of safety and security for the industry, its workers, and the public at large. Description: Modernization of the Regulations requires a complete rewrite of the legal text, and introduces a minimal number of new requirements. The Explosives Act and Regulations are outdated (Act was written before 1920). The current Act and Regulations are difficult to navigate and understand (i.e. archaic language, layout not conducive to easy interpretation). The modernized Regulations would better reflect modern industry practices and standards. With the exception of regulatory requirements related to the implementation of outstanding obligations under the Public Safety Act, the modernization initiative does not introduce new requirements other than changes to reflect modern practices. The burden of the industry is reduced by removing irritants and duplications and ensuring that the regulatory framework is accessible and easier to understand. The most important changes being made are Enhanced management of operating procedures for processes and better staff training;

Requirement of fire safety plans and, under certain circumstances, of decommissioning plans;

Tighter control on the packaging of consumer fireworks (e.g. roman candles, fountains);

Distribution of safety information to consumers;

Clarification of requirements applicable to retail sales establishments (e.g. requirement of displays for sale for consumer fireworks);

Clarification and strengthening of requirements applicable to the use of consumer fireworks; and

New packaging standards to be met by sellers of industrial explosives (e.g. sellers must mark licence or authorization number on inner packaging). As well, the security of explosives is to be strengthened by introducing a regime of export and in transit transportation permits and requiring importers and exporters to provide additional information;

requiring a tracking and communication system in vehicles carrying large quantities of explosives;

lowering magazine storage exemption limits, which will vary by type of explosive;

requiring security plans detailing measures to be taken to prevent and react to security incidents;

requiring a key control plan for licensed magazines; and

requiring security screening of personnel who could have access to high hazard explosives types E (high explosives), I (initiation systems) and D (military and law enforcement explosives). Cost-benefit statement: The approach to assessing costs and benefits of this proposal focused separately on the three parts of the proposed changes: modernization, improved public safety and enhanced security. Aggregate costs/benefits for modernization Modernization is essentially a rewrite of the current requirements, but also eliminates overlap and duplication. Seventeen specific items were flagged as most important as demonstrated in the cost-benefit analysis. (see footnote 1) While there may be some small additional costs in the form of stakeholder time to learn what is where in the new text, the obligations themselves have not changed significantly other than to eliminate overlap and duplication. In short, modernizing the Regulations may entail cost reduction, but certainly no significant additional compliance costs. (see footnote 2) Summary table 1: Aggregate costs by stakeholder for improving public safety Stakeholders Costs: initial in 2011 Annual for

2012–2020 Total present value Factory licence holders $1,229,000 $157,000 every

third year $1,531,000 Retailers $100,000 $100,000 $725,000 TOTAL $1,329,000 $100,000 + $157,000 every third year $2,256,000 The present value of all the costs of the safety measures is likely to be less than $2.2 million. Benefits could well be 0.13 fewer deaths and 2 fewer injuries a year. The Explosives Safety and Security Branch (ESSB) compiles a list of accident and incidents involving explosives in Canada. This list shows that the total number of individuals injured or dead from explosives accidents or incidents went from 227 in the 1970s (with 28 deaths) to 54 in the 1990s (with 13 deaths) to 89 in the 2000s (with 6 deaths). While the values derived from the costs of illness and a standard value of a statistical life (VSL) (see footnote 3) may be somewhat abstract and difficult to relate to, these statistics suggest that the safety goal of the proposed Regulations is a reasonable risk-based approach that considers economic and life safety criteria together with the effectiveness of security and protective measures. Summary table 2: Aggregate costs by stakeholders for enhancing security

Stakeholders Costs: initial in 2011 Annual for 2012–2020 Total present value Magazine licence applicants wishing to store Type E, I or D explosives $804,000 $40,200 $1,055,000 New sellers (new stakeholders) $120,000 $20,000 $245,000 Industry and workers $298,000 $2012–2015: $14,900 2016: $238,400 2017–2020: $29,800 $577,000 TOTAL $1,222,000 2012–2016: $75,100 2016: $298,600 2017–2020: $90,000 $1,877,000 The present value of all the costs of the security measures is likely to be less than $1.8 million. Security has become a much greater concern and the problem of “homegrown” security threats and criminals has been underscored in recent years. Gaps in security throughout the lifecycle of explosives can be lessened through a number of common sense and not particularly costly initiatives. By controlling security more tightly, a barrier is created which would demand a much higher level of sophistication and planning for criminals and terrorists to be successful. Business and consumer impacts: Modernization of the Regulations should lower costs to businesses by eliminating overlap and duplication, harmonizing exemptions, eliminating unneeded permits and reducing the time and effort needed to train staff. Better compliance with the law is the expected result. (see footnote 4) Because the proposed amendments will better reflect today’s technology, industrial structure and regulatory practices, they will facilitate and encourage safer, more reliable and more cost-effective technology with lower risks for companies, workers, and the public at large. Safety-related measures, such as the use of quality management system principles for operating procedures, along with staff training, will ensure that safety concerns are addressed systematically and kept front and centre. Similarly, changes with respect to the sale of fireworks should enhance public awareness of safe practices, thereby further lowering the risk of injury. The cost of these items is low and the benefits are estimated to exceed them by a significant margin. By controlling security more tightly, a barrier is created which would require a higher level of sophistication and planning for criminals and terrorists to be successful. The chance of a significant event is lowered and security is enhanced. Domestic and international coordination and cooperation: South Australia, Australia, has used portions of the concepts from the proposed Canadian approach to regulating explosives. The United Kingdom has conducted a similar review of its explosives regulations. Performance measurement and evaluation plan: The proposed Regulations will be measured and evaluated through the regular performance measurement framework of the ESSB. The ESSB continually monitors compliance rates with Regulations as well as death and injury rates in Canada. The impact of the changes in the Regulations will be assessed by tracking trends in death and injury rates and stakeholder compliance rates.

Issue

The context for the Explosives Regulations has evolved markedly over the past 50 years. Four drivers in particular stand out as having led to this proposal.

The technologies, products and industry that the Explosives Act and the Explosives Regulations were designed to control have changed significantly. Industrial practices have changed to the point that the industry which the current Regulations were designed to govern effectively no longer exists.

With respect to industry structure, change has been driven in part by industry globalization and rationalization. These have had major consequences, such as loss of experienced personnel and expertise from industry downsizing and the growing number of imported products.

Similarly, technology has changed. The current Regulations were formulated when dynamite was the most significant explosive; this is old technology. Regulatory requirements for explosives are currently based on their positioning within an outdated classification scheme.

Emergent security concerns have provided the opportunity to strengthen security and support Canada’s commitment under the Public Security Technical Program (PSTP) for long-term security. (see footnote 5)

As a result, the current Regulations are often either out of date or incomplete. For example, whereas in the past dynamite cartridges were manufactured at a fixed location and then shipped for distribution to users, nowadays insensitive emulsion explosives are manufactured in bulk, transported and sensitized at the point of use only prior to or while loading into boreholes, thus rendering the whole operation much safer. Authorizing such practices under the Explosives Act has required additional guidance and support to allow for a modern interpretation of the Regulations. A literal, non-purposive interpretation of the current Regulations could seriously impede the industry’s ability to operate with safer, more reliable and more cost-effective technology which would put the industry, its workers and the public at greater risk.

Generally, the Explosives Regulatory Division (ERD) and the industry have also coped with outdated regulations through innovative approaches such as providing extensive helpful information to stakeholders, use of guidelines and industry standards to help structure safety and security practices, imposing various conditions for licences and certifications, and enforcement and compliance regimes that are sensitive to the newer technologies.

The old-fashioned drafting, inadequate structure, and outdated references in the current Regulations have made it more difficult for industry stakeholders and their workers to thoroughly and quickly understand what they are required to do. In a 2003–04 study of stakeholders such as the Canadian Pyrotechnics Council and the Canadian Explosives Industry Association (CEAEC), more than half of those responding to surveys or participating in focus groups found it difficult to locate necessary information in the Regulations; then found it difficult to interpret the meaning.

The ERD has been in the process of modernizing its regulations for a number of years with the view to better reflect current industry conditions and to make them more accessible through the use of plain language. The industry has been very supportive of this exercise and has contributed time, effort and ideas to making the regulations better.

Additionally, while public safety has been addressed by current regulatory and industry practices, certain aspects can be clarified and strengthened. For instance, safety information is now available for distribution to consumers; its distribution can be required.

Security has become a much greater concern since September 11. It is now recognized that there are serious security issues from homegrown terrorists such as the “Toronto 18.” The Government of Canada has already responded by modifying the Regulations in 2008 to better control chemicals used in the making of explosives (restricted components). In considering security throughout the lifecycle of explosives, a number of common sense, and not particularly costly, initiatives have been identified that will further enhance security.

Finally, the Explosives Regulations are out of date and make it difficult for regulatees to determine their obligations. Several areas of industrial safety and security can be enhanced in line with industry best practices, and certain gaps filled, in order to provide better protection for the industry, its workers, and the public at large.

Objectives

Overall goal: Ensuring a balanced approach to managing explosives safety and managing security risks while minimizing impact on business and supporting innovation and competitiveness.

The Explosives Regulations are being revised with the following objectives:

a regulatory program based on an integrated and evidence-based approach that manages safety and security risks across the range of explosives-related activities under departmental jurisdiction;

a regulatory framework that is accessible, understandable, and responsive through inclusiveness, transparency and accountability;

where possible, a regulatory program that promotes a fair and competitive market economy and minimizes the regulatory burden placed on industry; and

a regulatory program that enables cooperation/harmonization with other departments, and is benchmarked against international best practices.

Description

The proposed Regulations are divided into 20 parts for ease of reference for stakeholders. The organization of information into parts that are addressed to particular classes of stakeholders is one of the major improvements to the Regulations. Currently, stakeholders have to scan the entire text of the Regulations to determine what requirements apply to their situation.

For the purpose of this Regulatory Impact Analysis Statement, the 20 parts have been organized into four categories to provide for a fuller understanding of the major improvements to the Regulations: Administrative changes, Writing current practices into regulations, Closing loopholes and Harmonization.

Administrative changes

Part 7 — Provisions of general application

This part sets out the general terms and conditions that apply to all licences, permits and certificates issued by the Minister of Natural Resources under the Explosives Act. It also sets out the procedures for making a change to or renewing any of these documents and sets out rules governing their suspension and cancellation. Suspending or cancelling a document is delegated to the Chief Inspector of Explosives. Persons affected by suspension or cancellation may ask the Minister to review the decision taken by the Chief Inspector. This part introduces new requirements for a decommissioning plan and incident reporting.

Part 19 — Fees

This part sets out the fees payable for the issuance of licences, permits and certificates and integrates the current fee schedule, which came into force on June 1, 2009, with the rest of the Explosives Regulations.

Part 20 — Restricted components

This part lists the components of explosives that are restricted (nine in total) and contains the rules previously set out in the Restricted Components Regulations respecting ammonium nitrate (which came into force in June 2008) and respecting the other eight substances (which came into force in March 2009). It describes the security requirements for these components and sets out the obligations for suppliers and for buyers who will use the components to manufacture products other than explosives.

Writing current practices into regulations

Part 1 — Preliminary matters

This part provides an overview of the revised Explosives Regulations. It also clarifies which explosives are under the control of the Minister of National Defence.

Part 2 — General requirements, prohibitions and safety precautions

This part provides for increased accountability for staff training.

Part 3 — Authorization and classification of explosives

This part

sets out the information that must be provided when requesting authorization of an explosive for a use in Canada;

describes the process to be followed to obtain the authorization;

sets out the new types developed for the classification of explosives on which Parts 10 to 18 of the proposed Regulations are based;

introduces a new classification based on the concept of potential effects, which refers to the behaviour of explosives in case of an accidental ignition and better addresses hazards that arise outside the transportation context; and

incorporates the UN transport classification scheme.

Part 5 — Manufacturing explosives

This part addresses the manufacture of explosives. It describes

the requirements that holders of division 1 factory licences and satellite site certificates must meet, including requirements respecting facilities, the posting of signs, packaging, ensuring the safety of workers and visitors, training, management and mobile process units;

the requirements that holders of division 2 factory licences or manufacturing certificates must meet, including requirements respecting the workplace, packaging, ensuring the safety of persons, knowledge of the workplace and management of the workplace;

rules of conduct applicable to workers and visitors at a factory or satellite site and to persons at a workshop;

the requirements for manufacturing activities that do not require a factory licence or manufacturing certificate; and

the requirements for a security plan to be filed as part of the application for a licence to manufacture high explosives, initiation systems, military explosives or law enforcement explosives and for the plan to be implemented for as long as the licence is valid.

Additionally, this part requires appropriate hazard assessments to be undertaken and operating procedures as well as security controls to be in place. New technologies have significantly modified manufacturing methods and increased the need to have more detailed procedures along with appropriate training of personnel. Every licence holder is subject to the requirement to establish and implement a security plan for high risk explosives.

Part 9 — Transporting explosives

Changes introduced by this part eliminate current overlap with the Transportation of Dangerous Goods Regulations and the Canada Motor Vehicle Safety Standards and remove some out-of-date sections from the current Regulations.

The proposed requirement for an explosives transport permit has not been included in the proposed Regulations. As a result, they cover only what the Transportation of Dangerous Goods Regulations do not. Additionally, the current 10-hour driving limit for explosives shipments has been removed, allowing explosives shipments to be treated like other dangerous goods.

Similarly, the changes respecting transportation introduced by this part remove aspects that are covered more thoroughly by the Canada Motor Vehicle Safety Standards. The transportation of certain low-hazard explosives, generally on sale to the public from retail outlets, in quantities below 12 kg in some cases and 150 kg in others, is subject to relatively lenient regulatory requirements.

For the transportation of explosives that are not eligible for more lenient treatment, new requirements have been added for vehicle tracking and two-way communication between driver and company in the interests of increasing the security of explosives during transport.

The proposed Regulations will be less restrictive and easier to comply with, particularly as they will now be coordinated with the Transportation of Dangerous Goods Regulations.

Part 14 — Small arms cartridges, propellant powder and percussion caps

This part authorizes the acquisition, storage and sale of small arms cartridges and the manufacture of small arms cartridges and black powder cartouches. Division 1 sets out rules for sellers and users of small arms cartridges. Division 2 sets out rules for sellers and users of propellant powder and percussion caps (also known as primer). It also sets out rules for the manufacture of small arms cartridges and black powder cartouches for personal use.

Changes to the current Regulations are being introduced to clarify the requirements for the storage for personal use of smokeless powder and black powder in private residences. Limits are imposed on the quantities of small arms cartridges and primer that may be stored by an unlicensed person and detached residences are distinguished from multiple-unit residences. The limits for storage in a detached private residence are changed from the current maximum of 10 kg to 20 kg of smokeless powder and 5 kg of black powder together, 25 kg of smokeless powder alone or 5 kg of black powder alone. The limits for storage in a multiple-unit residence are changed from the current maximum of 10 kg to 20 kg of smokeless powder in containers of 1 kg or less, or 5 kg in containers holding more than 1 kg and 1 kg of black powder in containers or 3 kg total in cartridges or cartouches less any in containers.

Parts 12 and 13 — Power device cartridges and special purpose explosives

These parts set out the requirements for selling, acquiring and storing power device cartridges, low-hazard special purpose explosives (essentially current 7.2.4) and high-hazard special purpose explosives (essentially current 7.2.5).

Currently, the Explosives Regulations set out rules for “safety cartridges.” Under the proposed Regulations, this category will be split into “small arms cartridges” (covered in part 14) and “power device cartridges” (covered in part 12).

Part 15 — Model and high-power rocket motors

This part sets out the requirements for selling, acquiring, and storing model and high-power rocket motors, their reloading kits and their igniters. The use of these motors is not covered as this is regulated by Transport Canada.

Proposed changes to the current Regulations include requiring that safety information be provided to buyers of model rocket motors and increasing the total impulse limit for model rocket motors from 80 newton-seconds to 160 newton-seconds to harmonize with Transport Canada regulations and with the existing standards in the United States.

The proposed Regulations allow persons under 18 but at least 12 years old to acquire a model rocket motor that does not exceed 40 newton-seconds and is no higher than E class. The proposed Regulations also address reloadable rocket motors, a more recent technology that is not covered by the current Regulations.

The proposed Regulations also lower the maximum quantity of motors and igniters that may be stored without a licence.

Part 17 — Special effect pyrotechnics

This part sets out the requirements for selling, storing, acquiring, and using special effect pyrotechnics. It also sets out when a licence or a fireworks operator certificate is required to acquire, store or use pyrotechnics.

Changes to the current Regulations permit more flexibility in firing systems for pyrotechnics while achieving the same result — preventing accidental ignition. There is a decreased burden on stakeholders in the management of records for pyrotechnic events. Technicians from outside Canada are permitted to act as the pyrotechnician-in-charge. (see footnote 6)

Part 18 — Display fireworks

This part sets out the requirements for selling, acquiring, storing and using display fireworks and fireworks accessories for use with display fireworks, which are fireworks designed for professional use (e.g. fireworks used in the Canada Day celebrations on Parliament Hill). This part also sets out when a licence or a fireworks operator certificate is required to acquire, store or use display fireworks.

Technicians from outside Canada are permitted to undertake the duties of a display assistant, but may not act as pyrotechnician-in-charge.

In addition to the fallout zone currently required, the proposed Regulations require the pyrotechnician-in-charge to establish a danger zone when the fireworks are first brought to a site. This requirement will enhance safety because at many shows the fallout zone is not established until after the fireworks are present at the site.

Part 10 — Military explosives and law enforcement explosives

This part deals with the selling, acquiring and storing of military explosives and law enforcement explosives (type D).

Part 6 — Magazine licences and storage in a licensed magazine

This part sets out how to apply for a magazine licence as well as the standards and the safety and security procedures for magazines. The proposed Regulations require a fire safety plan and key control plan to be in place before an application for a magazine licence is submitted and the applicant must include in the application a declaration that these plans have been prepared. Additionally, a security plan must be prepared for every magazine storing types E (blasting), I (initiating systems) or D (military and law enforcement) explosives and the elements in the plan must be implemented by the licence holder.

Closing loopholes

Part 4 — Importing and exporting explosives and transporting explosives in transit

This part addresses the importation, exportation and in transit transportation of explosives. It describes

the information required when applying for an import, export or in transit permit;

the requirements for holders of an import, export or in transit permit;

the information a permit holder must provide to the Chief Inspector of Explosives after the explosives are imported, exported or transported in transit; and

when explosives may be imported, exported or transported in transit without a permit.

The current Regulations only require a permit for importing explosives. An order will be made to bring section 9 of the Explosives Act (as amended by section 40 of the Public Safety Act, 2002) into force. It requires permits for export and transportation in transit.

Secure storage locations for in transit explosives in case of emergencies are required in the proposed Regulations.

Section 149 of the current Regulations covers the requirements for samples for analysis and scientific research, as well as those for field testing of new products, products specifically imported for fireworks competitions or other special purposes. The authorization requirements for these types of situations are covered in the proposed Regulations, in Part 3 (Authorization).

Part 16 — Consumer fireworks

This part sets out the requirements for selling, acquiring and storing consumer fireworks, which are fireworks that are designed for recreational use by members of the public. It also regulates their use. Changes to the current Regulations introduced by this part clarify the requirements relating to the packaging of consumer fireworks for sale.

Most of the other proposed changes reduce the administrative burden on sellers, purchasers, and users. However, sellers will be required to keep records of any sale of more than 150 kg of consumer fireworks; under the current Regulations, records of sale are not required unless the amount sold is more than 1 000 kg.

Part 8 — Screening

This part introduces a new requirement for security screening for people who have access to high hazard explosives. The objective of the regulatory changes is to limit access to high hazard explosives (types E [high explosives], I [initiation systems] and D [military explosives and law enforcement explosives]).

Under the proposed Regulations, an applicant for a licence, or renewal of a licence, authorizing the storage of high hazard explosives who is an individual is required to submit the original of a criminal record check carried out within the previous year or proof of an equivalent document. The applicant must also submit a list naming the employees at the site who could have access to high risk explosives and who are therefore required to have an approval letter.

The licence holder must ensure that everyone at the site who is required to have an approval letter has obtained one. Personnel who seek an approval letter must submit proof of a criminal record check or an equivalent document.

If the criminal record check of an applicant for a licence or approval letter reveals that certain offences have been committed, the Minister will deny the request and notify the applicant. The applicant is entitled to submit additional information that may reverse the denial. If the additional information reveals that the criminal record check was erroneous, the Minister will issue the licence, licence renewal or approval letter. Otherwise, the Minister will confirm the denial in writing to the applicant.

Harmonization

Part 11 — Industrial explosives

This part deals with the selling, acquiring and storing of explosives used for industrial purposes. However, the storage requirements set out in this part apply only to holders of magazine licences issued by the federal Minister of Natural Resources of Canada, as the applicable provincial or territorial laws regulate the storage of explosives acquired under an authorization issued by a provincial or territorial authority.

The industrial explosives covered by this part are any of the following types of explosives, based on the new Canadian types introduced in Part 3:

E.1 — blasting explosives;

E.2 — perforating explosives (for example, explosives intended for use in oil and gas wells);

E.3 — special-application explosives (for example, explosives used to form, cut, shape, weld or break and for avalanche control);

I — initiation systems (for example, blasting accessories); and

P.1 — black powder and PE 1 black powder substitutes when used in mining, quarrying, construction or avalanche control.

Proposed changes to the current Regulations include the following:

a seller must mark the purchaser’s packaging with the licence or the provincial or territorial authorization number. There is no exemption based on type of packaging (e.g. ammonium nitrate and fuel oil [ANFO] bag);

the length of time that records must be kept is reduced to two years. The information that must be kept in the record has been simplified from current requirements;

the holder of a provincial or territorial authorization to store industrial explosives at a mine site or a quarry who is a user is authorized to acquire such explosives;

a purchaser must mark the licence or authorization number on inner packaging when the outer packaging is opened;

packaging may be reused if it is in good condition (does not contain any explosive residue) and it did not previously contain any liquid-based explosive ingredients; packaging that is not in good condition may not be reused and must be destroyed so that it cannot be reused; and

although most sites for impending use may be under provincial jurisdiction, a requirement for attending has been added to cover a potential situation not covered by provincial regulations.

Regulatory and non-regulatory options considered

Besides the status quo, no formal alternatives were considered for the overall regulations. The regulatory modernization is intended to reduce the gap that has grown between the Regulations and the reality of today’s technology, industrial structure and regulatory practices. It is designed to both facilitate and encourage industry’s ability to operate with safer, more reliable and more cost-effective technology and lower risks to companies, their workers, and the public at large.

In modifying the regulations, industry stakeholders have been involved from the beginning as ERD sought to find ways to better reflect in regulation the industry as it has evolved, modern industry best practices, modern regulatory practices, and the evolving technology.

Benefits and costs

The approach to assessing costs and benefits of this proposal focused separately on the three parts of the proposed changes: modernization, improved public safety and enhanced security.

For modernization, the focus was on demonstrating that there would not be any significant costs (and some reductions). A qualitative assessment of benefits of the initiative focused on test evidence regarding comprehension of the legal text. Earlier research into factors that promote compliance was used to determine whether the changes would enhance compliance with the law, and hence promote safety.

While it was believed that the public safety changes were low cost, the cost-benefit analysis (CBA) developed for each change estimated costs for the affected parties. Often based on proxies, these estimated costs were chosen to result in over-estimates of the costs. A qualitative assessment of the benefits resulting from the changes was undertaken to determine the directions of the effects, with a check against a quantitative estimate of lowered incidence of injuries and deaths based on the methodology used in a CBA of the modernization of the explosives regulations in the United Kingdom.

For public security, again the CBA estimated the costs of each component, while undertaking a qualitative assessment of the benefits. In keeping with Government of Canada and United States government practice, no quantitative estimate of the benefits was undertaken.

Rationale

With the renewal of the user fees, the selected option strikes an appropriate balance between not placing an undue burden on industry and generating sufficient funds to address gaps in explosives safety and security.

The explosives user fees were renewed following consultations held in early 2008, which confirmed stakeholders understood that the current fee schedule was out of date and did not reflect the costs of doing business. The original proposal was modified based on stakeholder comments and the current proposal reflects a user fee model that all major industry associations can accommodate. The explanations for the costing of the increased fees satisfied stakeholders that the fees reflected the actual costs of providing services.

It is important to note that even with the increased user fees, ERD will still be recovering only 47% of its costs — the taxpayer will continue to fund an appropriate portion of ERD’s activities that are related to protecting the safety of all Canadians.

Consultation

This modernization proposal was initiated in the 1990s and was developed with consultations with key partners and stakeholders. Given the long-term nature of this project, stakeholders are thoroughly aware of the proposed changes and they have been consulted on numerous occasions. Stakeholders support the proposed changes as they will modernize the explosives regulations, make compliance easier, and implement modern industrial practices into regulations. Other stakeholder groups will be consulted on specific sections of the revised Explosives Regulations. For example, the Canadian Fertilizer Institute was briefed on changes to the Restricted Components Regulations.

On regulatory modernization, updates were provided to the four major explosives stakeholder groups (Canadian Explosives Industry Association [CEAEC], Petroleum Services Association of Canada [PSAC], Canadian Association of Geophysical Contractors [CAGC], and Canadian Pyrotechnical Council [CPC]) and the one major stakeholder group (Canadian Fertilizer Institute [CFI]) related to the Restricted Components Regulations. These groups have been briefed regularly. Consultations were held over the fall of 2009 with continued support for the regulatory modernization project going forward.

On security screening, this issue only affects stakeholders concerned with high-risk explosives (namely, CEAEC, PSAC and CAGC). Concerned associations were briefed most recently in October 2009. No issues were raised.

Ongoing informal discussions are held with the heads of the four major stakeholder organizations:

Canadian Explosives Industry Association (CEAEC)

Petroleum Services Association of Canada (PSAC)

Canadian Pyrotechnic Council (CPC)

Canadian Association of Geophysical Contractors (CAGC)

Contact

Dr. Christopher Watson

Director and Chief Inspector of Explosives

Explosives Safety and Security Branch

Department of National Resources

1431 Merivale Road

Ottawa, Ontario

K1A 0G1

Telephone: 613-948-5170

Fax: 613-948-5195

Email: Christopher.Watson@NRCan.gc.ca

ANNEX 1

Summary Accounting Statement (see footnote 7)

Summary statement of costs and benefits

Content 2011 2012 2020 Present

Value (see footnote 8)

Annualized Total Present Value A. Quantified impacts (in thousands of dollars in 2010 prices)

(see footnote 9) Costs Explosives: Factory licence holders ≤ 1,229 Varies Varies ≤ 211 ≤ 1,531 Fireworks: All retailers ≤ 100 ≤ 100 ≤ 100 ≤ 100 ≤ 725 Sub-total safety ≤ 311 ≤ 2,256 Explosives: Magazine licence holders ≤ 804 ≤ 40 ≤ 40 ≤ 146 ≤ 1,055 Restricted components: Product sellers ≤ 120 ≤ 20 ≤ 20 ≤ 34 ≤ 245 All companies handling high explosives ≤ 298 ≤ 15 ≤ 30 ≤ 80 ≤ 577 Government of Canada ≤ 150 ≤ 150 ≤ 150 ≤ 150 ≤ 1,087 Sub-total security ≤ 409 ≤ 2,964 Total costs ≤ 720 ≤ 5,220 Benefits Workers and the public (safety) ≥ 452 ≥ 452 ≥ 452 ≥ 452 ≥ 3,276 Total benefits ≥ 452 ≥ 3,276 Net benefits Safety

Security ≥ 141 ≥ 1,020

N.A. B. Non-monetized quantified impacts Injuries averted Workers 1.6 1.6 1.6 Injuries averted Public 13.9 13.9 13.9 Deaths averted Workers 0.075 0.075 0.075 C. Qualitative impacts Modernization of the Regulations should lower costs to businesses by

— Eliminating overlap and duplication with other regulations and laws;

— Harmonizing exemptions;

— Eliminating unneeded permits; and

— Reducing time and effort to train staff and ensure compliance.

— Eliminating overlap and duplication with other regulations and laws; — Harmonizing exemptions; — Eliminating unneeded permits; and — Reducing time and effort to train staff and ensure compliance. Modernization will ensure the Regulations reflect today’s technology, industrial structure and regulatory practices, thereby facilitating and encouraging safer, more reliable and more cost-effective technology with lower risks to companies, workers, and the public at large.

Modernization should lead to better compliance with the law.

New regulatory measures such as use of quality management system principles for operating procedures, along with staff training, will ensure safety concerns are addressed systematically and kept front and centre.

Similarly, changes with respect to the sale of fireworks should enhance public awareness of safe practices, thereby further lowering risks.

By controlling security of explosives more tightly, a barrier is created which would demand a much higher level of sophistication and planning for criminals and terrorists to be successful at stealing and then using them. The chance of a significant event is lowered.

PROPOSED REGULATORY TEXT

Notice is hereby 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 Explosives Regulations, 2012.

Interested persons may make representations concerning the proposed Regulations within 75 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 Christopher G. Watson, Chief Inspector of Explosives, Explosives Regulatory Division, Natural Resources Canada, 1431 Merivale Road, Ottawa, Ontario, K1A 0G1, tel.: 613-948-5170, fax: 613-948-5195, email: canmet-erd@nrcan.gc.ca.

Ottawa, March 1, 2012

JURICA ČAPKUN

Assistant Clerk of the Privy Council

EXPLOSIVES REGULATIONS, 2012

PART 1

INTRODUCTION

Overview

1. This Part sets out the scheme and application of these Regulations and exempts some explosives from provisions of the Explosives Act. It also defines certain terms that are used in the Regulations, including “explosives”. Finally, it explains the function of the notes and asterisks that are used in the Regulations.

Note: Section 29 of the Explosives Act states that “Nothing in the Act relieves any person . . . of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives. . . .”

Notes

2. The notes that appear beneath some provisions do not form part of these Regulations but are included for convenience only.

Asterisks

3. When a term that is defined in section 6 is used in these Regulations, an asterisk appears in front of the term the first time that it is used in a section.

Scheme of the Regulations

4. (1) These Regulations are divided into 20 Parts. Some Parts apply to all (see footnote 1*) explosives and some apply only to specific types of explosives. The final Part applies to restricted components.

Part 2

(2) Part 2 sets out the general requirements, prohibitions and safety precautions that apply to every person who is carrying out an (see footnote 2*) activity involving an explosive or is in the vicinity of an explosive.

Part 3

(3) Part 3 indicates how to obtain an authorization of an explosive, how an authorized explosive is classified, how to obtain permission to change an authorized explosive, when an authorization may be cancelled and when an authorized explosive must be recalled.

Part 4

(4) Part 4 indicates how to obtain a permit to import or export explosives or to transport them in transit and sets out the requirements for carrying out those activities.

Part 5

(5) Part 5 indicates how to obtain a factory licence or manufacturing certificate and sets out the circumstances in which explosives may be (see footnote 3*) manufactured without a licence or certificate. It also sets out the requirements for manufacturing explosives.

Part 6

(6) Part 6 indicates how to obtain a magazine licence and sets out the requirements for storing explosives in a licensed magazine.

Part 7

(7) Part 7 sets out the terms and conditions that apply to all holders of licences, permits and certificates, indicates how to obtain an amendment or renewal and sets out the circumstances in which a licence, permit or certificate may be suspended or cancelled.

Part 8

(8) Part 8 sets out the screening and supervision requirements that apply to people who have, or could have, access to high risk explosives.

Part 9

(9) Part 9 sets out the requirements for transporting explosives, including transporting them in transit.

Parts 10 -15

(10) Parts 10 to 15 set out the requirements for the acquisition, storage and sale of the following types of explosives:

(a) military explosives and law enforcement explosives – Part 10;



(b) industrial explosives – Part 11;



(c) power device cartridges – Part 12;



(d) special purpose explosives – Part 13;



(e) small arms cartridges, propellant powder and percussion caps – Part 14; and



(f) model and high power rocket motors – Part 15.



Part 14 also authorizes, and sets out requirements for, the manufacture of small arms cartridges and black powder cartouches.

Parts 16–18

(11) Parts 16 to 18 set out the requirements for the acquisition, storage, sale and use of the following types of fireworks:

(a) consumer fireworks – Part 16;



(b) (see footnote 4*) special effect pyrotechnics – Part 17; and



(c) display fireworks, including firecrackers – Part 18.





Parts 17 and 18 also indicate how to obtain a fireworks operator certificate.

Part 19

(12) Part 19 sets out the fees to be paid for obtaining an authorization, permit, licence or certificate.

Part 20

(13) Part 20 restricts the sale and acquisition of certain components of explosives and sets out requirements for their sale and storage.

Application of Regulations

5. (1) These Regulations apply to all explosives except the following, to which only Part 5 applies:.

(a) safety and strike-anywhere matches;



(b) life-saving devices (for example, signals, flares and parachute release devices) that are being carried in an aircraft, train, vessel or vehicle as equipment that is necessary for its safe operation or for the safety of its occupants;(c) automotive explosives (for example, pyrotechnic seat belt pretensioners and modules containing pyrotechnic inflators), whether or not in their original packaging, that the competent authority of their country of origin has classified as Class 9 under the UN Model Regulations on the Transport of Dangerous Goods, published by the United Nations;



(d) explosives diluted to less than 1% by weight, including diluted explosives used as reagents (for example, 1H-tetrazole), training kits for sniffer dogs and kits to test the functioning of machines that detect trace levels of explosives; and



(e) Christmas crackers containing less than 2 mg of (see footnote 5*) explosive substance.



Exemption from Explosives Act

(2) Paragraphs 6(b) to (d) and subsections 9(2) and (3) of the Explosives Act do not apply to the explosives set out in subsection (1).

Exemption from Act

(3) Paragraph 6(e) and section 20 of the Explosives Act do not apply to the explosives set out in paragraphs (1)(a), (b), (d) and (e).

Exemption from Act

(4) Section 21 of the Explosives Act applies to the explosives set out in subsection (1) only in respect of the activities referred to in paragraph 6(a) of that Act, and to the explosives set out in paragraph 1(c) only in respect of the activities referred to in paragraph 6(e) of that Act.

Explosives under control of allied armed forces

(5) Explosives that are under the control of any armed forces that are cooperating with the Canadian Forces are deemed to be under the direction or control of the Minister of National Defence.

Definition of “explosive”

6. (1) For the purposes of section 2 of the Explosives Act and these Regulations, “explosive” includes

(a) an explosive substance or (see footnote 6*) explosive article that is not manufactured or used to produce an explosion, detonation or pyrotechnic effect but is included in Class 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations;



(b) any substance numbered UN 1442, AMMONIUM PERCHLORATE as set out in columns 1 and 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations; and



(c) a multi-ingredient kit that is used to manufacture an explosive.



Note: The term “explosive” is defined in section 2 of the Explosives Act as “any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations”.

Definition of “military device”

(2) For the purposes of section 2 of the Explosives Act, “military device” means a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, perforator and any other explosive article that is manufactured exclusively for military or law enforcement purposes.

Definitions

(3) The following definitions apply in these Regulations.

“activity involving an explosive”

« activité visant un explosif »

“activity involving an explosive” means acquiring, possessing, selling, offering for sale, storing, manufacturing, importing, transporting — other than transporting in transit — or delivering an explosive as well as using a firework.

“attended”

« surveillé »

“attended” means to be constantly monitored by a person and includes monitoring by a person using electronic means unless these Regulations provide otherwise.

“compatible”

« compatible »

“compatible” means, in relation to a material, that the material

(a) will not react chemically with an explosive or raw material so as to affect the functioning of the explosive or raw material or to increase the likelihood of an ignition of the explosive or raw material; and



(b) will not be degraded by an explosive or raw material so as to affect its function or increase the likelihood of an ignition of the explosive or raw material.



“decontaminate”

« décontamination »

“decontaminate” means to completely remove, clean or purge an explosive substance from a building, room, area, vehicle, equipment or container.

“explosive article”

« objet explosif »

“explosive article” means an article that contains one or more explosive substances.

“explosive substance”

« matière explosive »

“explosive substance” means a solid or liquid substance — or a mixture of solid and liquid substances — that is capable, by chemical reaction, of producing a gas at a temperature, pressure and speed that is capable of causing damage to surrounding structures or infrastructure. It includes a substance — or a mixture of substances — that is designed to produce an effect of heat, light, sound, gas or smoke, or a combination of such effects, by means of a non-detonative self-sustaining exothermic chemical reaction, even if the substance or mixture does not produce a gas.

“industrial explosive”

« explosif industriel »

“industrial explosive” has the same meaning as in section 213.

“local authority”

« autorité locale »

“local authority” means, in relation to special effect pyrotechnics or display fireworks, the municipal, provincial or territorial organization or office that has authority to authorize their use in a locality.

“manufacturing”

« fabriquer »

“manufacturing” has the same meaning as in section 53.

“pyrotechnic event”

« activité pyrotechnique »

“pyrotechnic event” has the same meaning as in section 362.

“small arms cartridge”

« cartouche pour armes de petit calibre »

“small arms cartridge” has the same meaning as in subsection 268(1).

“special effect pyrotechnics”

« pièce pyrotechnique à effets spéciaux »

“special effect pyrotechnics” has the same meaning as in section 362.

“storage unit”

« unité de stockage »

“storage unit” means a building, structure, place or container in which explosives are stored and that is not licensed. However, it does not include a dwelling or any structure, place or container in a dwelling.

“vendor magazine licence”

« licence de poudrière (vendeur) »

“vendor magazine licence” has the same meaning as in section 144.

“vulnerable place”

« lieu vulnérable »

“vulnerable place” refers to

(a) any building in which people live, work or assemble;



(b) public roads, railways and other transportation infrastructure;



(c) pipelines and energy transmission lines; and



(d) any place where a substance that increases the likelihood of a fire or explosion is likely to be stored.



Exception

(4) The definition of “manufacturing” in subsection (3) does not apply in Part 20.

Inspectors’ duties

7. Nothing in these Regulations has the effect of preventing an inspector from carrying out their duties under the Explosives Act.

Electronic notice

8. Any document, other than a document referred to in subsection 183(3),173(3) or (4) or 499(1) or section 427, and any information that is required by these Regulations to be in writing, may be delivered in hard copy or by electronic means.

PART 2

GENERAL REQUIREMENTS, PROHIBITIONS AND SAFETY PRECAUTIONS

Overview

9. This Part sets out requirements, prohibitions and safety precautions that apply to every person who is carrying out an activity involving an explosive or who is in the vicinity of explosives.

REQUIREMENTS

Age restriction

10. A person must be at least 18 years old to carry out an activity involving an explosive. However, this requirement does not apply to a person who acquires (see footnote 7*) small arms cartridges for their own personal use. It also does not apply when these Regulations provide for an exception.

Requirement that explosives be authorized

11. A person may carry out an activity involving an explosive only if the explosive is authorized under Part 3.

PROHIBITIONS

Prohibited explosives

12. The following explosives are, in the opinion of the Minister of Natural Resources, intrinsically unsafe and must not be acquired, possessed, used or sold:

(a) trick fireworks (for example, cigarette loads, dancing crackers and exploding golf balls); and



(b) explosives containing chemicals that are not (see footnote 8*) compatible with one another.



Sale or transfer

13. A person must not sell or otherwise transfer an explosive to another person if they have reasonable grounds to suspect that

(a) the other person is not authorized by the Explosives Act or these Regulations to acquire the explosive;



(b) the explosive will be used for a criminal purpose; or



(c) the other person is under the influence of alcohol or another performance-diminishing substance.





Acquisition of restricted explosive

14. A person must not acquire an explosive that the Chief Inspector of Explosives has authorized with restrictions unless

(a) if the authorization is restricted to specified people or bodies or classes of people or bodies, they are a person or body or member of a class of people or bodies specified in the authorization;



(b) if the authorization is restricted to specified purposes, they intend to use the explosive for a purpose specified in the authorization; or



(c) if the authorization is restricted to specified people or bodies or classes of people or bodies and to specified purposes, they are a person or body or member of a class of people or bodies specified in the authorization and intend to use the explosive for a purpose specified in the authorization.



Performance-diminishing substance

15. A person must not carry out an activity involving an explosive if they are under the influence of alcohol or another performance-diminishing substance. A person who has taken a prescription drug may carry out such an activity if they have medical proof that they need the drug and that it will not impede their ability to safely carry out the activity.

Smoking

16. A person must not smoke while they are carrying out an activity involving an explosive or if they are within 8 m of an explosive.

Alteration of markings

17. A person must not alter, deface or obscure any printing or label on an explosive or its packaging unless they are ordered to do so by an inspector to correct an error.

False information

18. A person must not include in a document required by these Regulations any information that is false or misleading. A person must not submit a document that, by reason of non-disclosure of facts, is false or misleading.

SAFETY PRECAUTIONS

Knowledge of activity

19. A person who is carrying out an activity involving an explosive must ensure that they, and any person under their supervision, have knowledge of the activity being carried out and of the measures that must be taken to minimize any likelihood of harm to people and property that could result from the activity, including measures to

(a) prevent an accidental ignition;



(b) limit the spread of any fire or the extent of any explosion; and



(c) protect people from the effects of any fire or explosion.



Precautionary measures

20. A person who is carrying out an activity involving an explosive must take measures that minimize the likelihood of harm to people or property that could result from the activity, including measures to

(a) prevent an accidental ignition;



(b) limit the spread of any fire or the extent of any explosion; and



(c) protect people from the effects of any fire or explosion.





Limiting access to explosives

21. A person who is in control of an explosive must ensure that only people authorized by them or by law have access to the explosive.

Use of fireworks

22. A person may use fireworks only for the purpose for which they were designed.

PART 3

AUTHORIZATION AND CLASSIFICATION OF EXPLOSIVES

Overview

23. This Part sets out activities involving an explosive that may be carried out even if the explosive is not authorized. It also sets out the procedure for obtaining authorization of an explosive and when permission is required to change an explosive that has been authorized. It deals as well with the classification and reclassification of explosives, their recall and the cancellation of an authorization.

Chief Inspector’s delegate

24. The duties and functions of the Chief Inspector of Explosives that are set out in sections 32 to 40 may be performed by an inspector designated by the Chief Inspector.

AUTHORIZATION NOT REQUIRED

Exemption from authorization

25. Despite section 11, the following activities involving an explosive may be carried out even though the explosives are not authorized:

(a) the manufacture of up to 1 kg of explosives to be used in conducting an experiment, demonstration, test or analysis at a school, college, university or other learning institution;



(b) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, demonstration, test or analysis by a government or law enforcement agency;



(c) the manufacture of up to 5 kg of explosives to be used in conducting an experiment, test or analysis at a private or commercial laboratory;



(d) the manufacture of black powder charges for ceremonial use;



(e) the manufacture of small arms cartridges or black powder cartouches for personal use;



(f) the assembly and use of special purpose pyrotechnics, as defined in section 362;



(g) the sending of a sample of an explosive to the Chief Inspector of Explosives for authorization testing at his or her request;



(h) the importation of an explosive, if the conditions set out in subsection 45(2) are met;



(i) the exportation of an explosive, if the conditions set out in subsection 45(2) are met; and



(j) the transportation in transit of an explosive.



APPLICATION FOR AUTHORIZATION

Period of authorization

26. (1) An explosive may be authorized for an indefinite period or for a specified period.

Indefinite period

(2) An authorization for an indefinite period is issued if the explosive is intended to be used in ongoing or recurring activities. The authorization may be issued with restrictions.

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 tour or international competition involving fireworks).

Applicant

27. The following people may apply to have an explosive authorized:

(a) a person who proposes to manufacture the explosive;



(b) a foreign manufacturer of the explosive; or



(c) a person who has permission to apply from a manufacturer of the explosive.



Application for indefinite period

28. An applicant for an authorization for an indefinite period 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, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;



(b) a short description of the explosive and its properties, as well as its trade name, if any;



(c) a description of the circumstances in which it will be used;



(d) for an explosive article, a technical drawing of the article, prepared to scale, that sets out its dimensions, its components and the materials of its construction;



(e) the composition of the explosive and the percent tolerance or range of each of its ingredients;



(f) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;



(g) the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive, or the classification of the explosive by a foreign state;



(h) the anticipated classification of the explosive under section 36;



(i) in the case of an explosive to be manufactured in Canada for the first time, a description of the manufacturing operations that will be used;



(j) for an explosive article, a description of its performance characteristics, the way in which it functions and the instructions for its use;



(k) a description of any packaging or container in which the explosive will be handled, used, stored or displayed for sale;



(l) a description of the packaging or container in which the explosive will be transported and stored, and the standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992;



(m) the information that will be printed on the explosive and its packaging;



(n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen; and



(o) the shelf life of the explosive under normal storage conditions.



Application for specified period

29. An applicant for an authorization for a specified period, if the explosive is for use other than at a tour or international competition, 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, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;



(b) the period for which the authorization is requested;



(c) a short description of the explosive and its properties, as well as its trade name, if any;



(d) a description of the circumstances in which it will be used;



(e) the quantity of the explosive that will be used during the period;



(f) every location where it will be used;



(g) in the case of a product trial, the location where the explosive will be manufactured;



(h) for an explosive article, a technical drawing of the article prepared to scale that includes its dimensions, its components and the materials of its construction;



(i) the composition of the explosive and the percent tolerance or range of each of its ingredients;



(j) the composition of any substitute explosive and the percent tolerance or range of each of its ingredients;



(k) for an explosive article, a description of its performance characteristics, the way in which it functions and instructions for its use;



(l) a description of any packaging or container in which the explosive will be handled, used or displayed for sale;



(m) a description of the packaging or container in which the explosive will be transported and stored, and the standards to which the packaging or container must conform under the Transportation of Dangerous Goods Act, 1992;



(n) the safety instructions, in both English and French, that will accompany the explosive, including procedures for preventing accidents when handling, storing, using or destroying the explosive and the procedures to follow if the explosive is lost or stolen;



(o) the delivery system, if the explosive is to be transported in bulk; and



(p) the method to be used to destroy any of the explosive that is not used before the authorization expires.



Application for specified period — tour or competition

30. An applicant for an authorization for a specified period, if the explosive is to be used at a tour or international competition, 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, fax number and email address of the applicant and of the manufacturer if the applicant is not the manufacturer;



(b) a short description of the explosive and its properties, as well as its trade name;



(c) the transport classification issued by the country of origin;



(d) the places and dates of the 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 tour or international competition for which it is authorized;



(f) the precautions that will be taken to minimize the likelihood of harm to people and property; and



(g) the method to be used to destroy any of the explosive that is not used.



Fees

31. The applicant for an authorization must pay the applicable fees set out in Part 19.

AUTHORIZATION

Authorization for indefinite period

32. (1) The Chief Inspector of Explosives must authorize the use of an explosive for an indefinite period if the Chief Inspector determines, on the basis of the results of one or more of the following tests, that the explosive can be safely manufactured, handled, stored, transported, used and destroyed:

(a) a test listed in the table to this Part that is conducted on the explosive;



(b) a test listed in the table to this Part that is conducted on a similar explosive; or



(c) a test that was conducted on this or a similar explosive by or on behalf of a foreign state that has authorized the explosive or similar explosive and that is equivalent to a test listed in the table to this Part.



Authorization with restrictions

(2) The authorization must be given with restrictions if the Chief Inspector determines, based on the type, hazard classification, UN number and the circumstances in which the explosive will be used, that it can safely be used only by a specific person, body or class of people or bodies, or for a specific purpose.

Authorization for specified period

33. The Chief Inspector of Explosives must authorize an explosive for a specified period if the Chief Inspector determines, on the basis of the information in the application and the results of any sample testing, that the explosive can be safely manufactured, handled, stored, transported, used and destroyed.

Sample required

34. (1) If a sample of an explosive is required for a test listed in the table to this Part, the Chief Inspector of Explosives must notify the applicant, specify the quantity of the explosive required and indicate the address to which the sample may be sent.

Sending sample

(2) A person must not send a sample of an explosive for testing unless they have been requested to do so by the Chief Inspector.

Notice

35. (1) The Chief Inspector of Explosives must give the applicant written notice of whether the explosive has been authorized.

Reasons

(2) If the explosive has not been authorized, the notice must include the reasons for the refusal to authorize.

Classification and restrictions

(3) If the explosive has been authorized, the notice must include the following information:

(a) the classification of the explosive;



(b) in the case of an authorization for an indefinite period, any restrictions respecting the people or bodies or classes of people or bodies that may use the explosive and any restrictions respecting the purposes for which it may be used;



(c) in the case of an authorization for a specified period, the period for which the explosive is authorized, the quantity authorized, the place of manufacture and the place of use; and



(d) the date on which the explosive was authorized.



CLASSIFICATION OF EXPLOSIVES

Classification of authorized explosives

36. (1) The Chief Inspector of Explosives must classify each authorized explosive by type, hazard category and UN number in accordance with this section.

Type

(2) Each authorized explosive is classified according to its intended use as one of the following types:

(a) E — high explosives:



(i) E.1 — blasting explosives,



(ii) E.2 — perforating explosives,



(iii) E.3 — special-application explosives;



(b) I — initiation systems;



(c) P — propellant powder:



(i) P.1 — black powder and hazard category PE 1 black powder substitutes,



(ii) P.2 — smokeless powder and hazard category PE 3 black powder substitutes;



(d) C — cartridges:



(i) C.1 — small arms cartridges,



(ii) C.2 — power device cartridges,



(iii) C.3 — percussion caps;



(e) D — military explosives and law enforcement explosives;



(f) F — fireworks:



(i) F.1 — consumer fireworks,



(ii) F.2 — display fireworks,



(iii) F.3 — special effect pyrotechnics,



(iv) F.4 — fireworks accessories;



(g) R — rocket motors:



(i) R.1 — model rocket motors,



(ii) R.2 — high-power rocket motors,



(iii) R.3 — rocket motor accessories; or (h) S — special purpose explosives:



(i) S.1 — low-hazard special purpose explosives,



(ii) S.2 — high-hazard special purpose explosives.

Hazard category

(3) Each authorized explosive is also classified for the purposes of manufacturing and storage into one or more of the following potential effects (PE) categories, if applicable. The classification is made according to hazard, determined on the basis of manufacturing operations, the quantity of explosive and how the explosive will be packaged:

(a) PE 1 — mass explosion hazard;



(b) PE 2 — serious projection hazard but not a mass explosion hazard;



(c) PE 3 — fire hazard and either a minor blast or minor projection hazard, or both, but not a mass explosion hazard; or



(d) PE 4 — fire hazard or slight explosion hazard, or both, with only local effect.



UN number

(4) Each authorized explosive is assigned a UN number as set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations on the basis of its type, hazard category and the circumstances in which it will be used.

AUTHORIZED EXPLOSIVES

Changes to authorized explosive

37. (1) A person who has obtained the authorization of an explosive must obtain the written permission of the Chief Inspector of Explosives before changing the explosive in a way that would render any of the following information inaccurate:

(a) in the case of an authorization for an indefinite period, any information required under paragraphs 28(d) to (f) and (l) to (n); and



(b) in the case of an authorization for a specified period, any information required under paragraphs 29(h) to (j), (m) and (n).



Permission given

(2) The Chief Inspector of Explosives must give permission if the proposed change would not affect the performance or classification of the explosive. The Chief Inspector must notify the holder in writing when permission is given.

Permission refused

(3) If permission is refused, the Chief Inspector must notify the holder in writing that permission is refused and that a new application for authorization is required.

Reclassification

38. (1) The Chief Inspector of Explosives must reclassify an authorized explosive if periodic testing or new information reveals that its classification is no longer appropriate.

Written notice

(2) The Chief Inspector must give the person who obtained the authorization written notice of the explosive’s new classification.

Cancellation of authorization

39. The Chief Inspector of Explosives must cancel the authorization of an explosive in any of the following circumstances:

(a) the person who obtained the authorization has not paid the applicable fee within 30 days after the date of an invoice from the Department of Natural Resources;



(b) periodic testing or new information reveals that the explosive can no longer be safely manufactured, handled, stored, transported, used or destroyed;



(c) the Chief Inspector is unable to determine whether the explosive can still be safely manufactured, handled, stored, transported, used or destroyed;



(d) the person who obtained the authorization requests the cancellation; or



(e) the manufacturer is no longer in business and the Chief Inspector has reasonable grounds to believe that the explosive is no longer in any person’s possession.

Recall

40. (1) If the authorization of an explosive is cancelled because the explosive is no longer safe when manufactured, handled, stored, transported, used or destroyed in the normal way, the Chief Inspector of Explosives must, by written notice, require any manufacturer, any importer and any seller of the explosive to recall any of the explosive that they have manufactured, imported or sold.

Bad batch or lot

(2) If a batch or lot of explosives cannot be safely handled, stored, transported, used or destroyed because of a manufacturing defect, the Chief Inspector of Explosives must, by written notice, require the manufacturer or importer and any seller of the batch or lot to recall it.

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 manner that will not increase the likelihood of an accidental ignition during or after the destruction.

LIST OF AUTHORIZED EXPLOSIVES

Contents of list

41. (1) The Minister of Natural Resources must keep an up-to-date list of all explosives that are authorized for an indefinite period. The list must set out the following information for each explosive:

(a) the name of the person who obtained the authorization;



(b) the trade name and classification of the explosive; and



(c) any restrictions imposed by the Chief Inspector of Explosives.

Exception

(2) However, the Minister is not required to include on the list an explosive that is classified as a military explosive or law enforcement explosive.

Removal from list

42. The Minister of Natural Resources must remove from the list of authorized explosives any explosive for which the authorization is cancelled.

TABLE

TESTS FOR AUTHORIZING EXPLOSIVES

Tests for physical properties — including consistency, reaction rate, rate of moisture-absorption, tendency for separation, exudation, behaviour at both high and low temperatures, density and specific gravity Tests for chemical composition — including the determination of the percentage of each ingredient in the explosive Tests for stability — including the determination of the stability of the explosive by subjecting it to varying environmental conditions, such as high temperatures, that might produce spontaneous ignition of the explosive or a variation of its sensitivity Tests for ignition behaviour Tests to determine the potential for mass explosion in a fire Tests to determine whether ignition of an explosive article might ignite other explosive articles when stored or transported together Tests for mechanical sensitivity — including sensitivity to friction and impact Tests for sensitivity to electrostatic discharge Tests for sympathetic initiation and detonation Tests for velocity of detonation Tests for explosive strength Tests for or calculation of the composition of gases that evolve on explosion Performance tests Tests for minimum burning pressure Packaging tests Any other tests that are necessary for the purpose of authorizing an explosive

PART 4

IMPORTING AND EXPORTING EXPLOSIVES AND TRANSPORTING EXPLOSIVES IN TRANSIT

Overview

43. This Part sets out

(a) the circumstances in which explosives may be imported, exported or transported in transit without a permit;



(b) the information that a person must include in an application for a permit to import or export explosives or transport them in transit; and



(c) the requirements that permit holders must meet, including the information that permit holders must provide to the Chief Inspector of Explosives after explosives are imported, exported or transported in transit.

Definitions

44. (1) The following definitions apply in this Part.

“annual permit”

« permis annuel »

“annual permit” means a permit for multiple importations during a one year period.

“secure storage site”

« lieu de stockage sécuritaire »

“secure storage site” means a site at which the Minister of Natural Resources or a province has authorized storage of the type and quantity of explosives that are to be transported in transit.

“single use permit”

« permis à utilisation unique »

“single use permit” means a permit for a single importation.

Explosives quantity

(2) A reference to a mass of explosives in this Part is a reference to their net quantity (the mass of the explosives excluding the mass of any packaging or container).

NO PERMIT REQUIRED

Importation

45. A person may import an explosive set out in the table to this section without a permit if the following conditions are met:

(a) the explosive is imported for personal use and not for commercial purposes;



(b) the explosive enters Canada with the person importing it;



(c) in the case of small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device (for example, an armour-piercing projectile); and



(d) the quantity of the explosive being imported is not more than the quantity set out in the table.

TABLE

Item Column 1



Explosive Column 2



Quantity 1. Model rocket motors that each have a maximum total impulse of 40 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 5 000 4. Percussion caps (primers) for small arms cartridges 5 000 5. Empty primed small arms cartridge cases 5 000 6. Black powder and hazard category PE 1 black powder substitutes 8 kg, in containers of 500 g or less 7. Smokeless powder and hazard category PE 3 black powder substitutes 8 kg, in containers of 4 kg or less

IMPORT PERMITS

Application

Application

46. (1) An applicant for an import permit 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 a single use permit or an annual permit is requested and include the following information:

(a) the name, address, telephone number, fax number and email address of the applicant;



(b) if the applicant has a customs broker, the broker’s name, address, telephone number, fax number and email address and the name of a contact person for the broker;



(c) the trade name and UN number of each explosive to be imported;



(d) the quantity of each explosive to be imported or, if the application is for an annual permit, the estimated quantity of each explosive to be imported during the year;



(e) the purpose for which each explosive is imported (personal, industrial or commercial use, reloading, field trial or other testing, sale, consignment, (see footnote 9*) pyrotechnic event, fireworks display or other purpose);



(f) the name of the manufacturer of each explosive;



(g) the country of origin of each explosive;



(h) the location of the Canadian port of entry through which each explosive will pass;



(i) the address of the person to whom each explosive will be delivered and the location where it will be stored;



(j) in the case of an explosive to be stored in a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that will be stored there, the quantity of that explosive authorized by the licence to be stored;



(k) in the case of an explosive to be stored in a magazine owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine; and



(l) the date of the application.



Fees for import permit

(2) An applicant for an import permit must pay the applicable fees set out in Part 19.

Requirements To Be Met by Import Permit Holder

Quantity of explosives and packaging

47. (1) A holder of an import permit must ensure that the following requirements are met:

(a) the quantity of each explosive to be imported must not exceed the quantity of the explosive that the holder is authorized by a factory licence, a magazine licence or these Regulations to store; and



(b) the packaging in which each explosive is imported must conform to the description of the packaging set out in the explosive’s authorization.



Information on explosives

(2) A holder of an import permit must ensure that the following information is legibly printed on each explosive to be imported 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 on a label affixed to the packaging:

(a) the name and address of the person who obtained the explosive’s authorization;



(b) the date of its manufacture and, if the manufacturer carries out manufacturing operations in shifts, the shift during which it was manufactured;



(c) its trade name; and



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



Exception

(3) Paragraph 2(d) does not apply in the case of fireworks that are imported for use at a tour or international competition if the instructions for their safe handling, storage, use and destruction are printed in a language understood by the person who will use the fireworks.

Information on packaging

(4) A holder of an import permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be imported:

(a) the words “Explosives/ Explosifs ”, “Fireworks/ Pièces pyrotechniques ” or “Pyrotechnics/ Pièces pyrotechniques ”, as the case may be, on the outer packaging and any inner packaging; and



(b) the trade name and classification of the explosive and the name and address of the person who obtained its authorization on the outer packaging.



Printing deadline

(5) A holder of an import permit must ensure that the information to be printed on an explosive and its packaging is printed on them before the explosive is distributed and in any case no later than 15 days after the date on which the explosive is released under section 31 of the Customs Act.

Report

(6) A holder of an import permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

(a) the holder’s name, address, telephone number, fax number and email address;



(b) the holder’s permit number and its expiry date;



(c) the trade name and UN number of each explosive that was imported and the name of the person who obtained its authorization;



(d) the quantity and UN number of each type of explosive;



(e) the country of origin of each explosive;



(f) the means of transport used;



(g) the location of the Canadian port of entry through which each explosive passed; and



(h) the date of the report and the name of the person who completed the report.



Deadline — annual permit

(7) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were imported during the year for which the permit was valid.

Deadline — single use permit

(8) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were imported.

EXPORT PERMIT

Application

Application

48. An applicant for an export permit 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 a single use permit or an annual permit is requested and include the following information:

(a) the name, address, telephone number, fax number and email address of the applicant;



(b) if the applicant has a customs broker, the broker’s name, address, telephone number, fax number and email address and the name of a contact person for the broker;



(c) the trade name and UN number of each explosive to be exported;



(d) the quantity of each explosive to be exported or, if the application is for an annual permit, the estimated quantity of each explosive to be exported during the year;



(e) the name of the manufacturer of each explosive;



(f) the country of origin of each explosive;



(g) the location of the Canadian port of entry through which each explosive will pass;



(h) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;



(i) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;



(j) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and



(k) the date of the application.



Requirements To Be Met by Export Permit Holder

Information on packaging

49. (1) A holder of an export permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each *explosive to be exported:

(a) the words “Explosives/ Explosifs ”, “Fireworks/ Pièces pyrotechniques ” or “Pyrotechnics/ Pièces pyrotechniques ”, as the case may be, on the outer packaging and any inner packaging; and



(b) the trade name and classification of the explosive and the name and address of the person who obtained its authorization on the outer packaging.



Report

(2) A holder of an export permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

(a) the holder’s name, address, telephone number, fax number and email address;



(b) the holder’s permit number and its expiry date;



(c) the trade name and UN number of each explosive that was exported and the name of the person who obtained its authorization; and



(d) the quantity and UN number of each type of explosive that was exported;



(e) the country of origin of each explosive;



(f) the means of transport used;



(g) the location of the Canadian port of entry through which each explosive passed; and



(h) the date of the report and the name of the person who completed the report.



Deadline — annual permit

(3) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were exported during the year for which the permit was valid.

Deadline — single use permit

(4) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were exported.

IN TRANSIT PERMITS

Application

Application

50. An applicant for an in transit permit 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 a single use permit or an annual permit is requested and include the following information:

(a) the name, address, telephone number, fax number and email address of the applicant;



(b) if the applicant has a customs broker, the broker’s name, address, telephone number, fax number and email address and the name of a contact person for the broker;



(c) the trade name and UN number of each explosive to be transported in transit;



(d) if an explosive to be transported is not on the list of authorized explosives referred to in subsection 41(1), the name or trade name of the explosive, a description of the explosive and its UN number;



(e) the quantity of each explosive to be transported or, if the application is for an annual permit, the estimated quantity of each explosive to be transported during the year;



(f) the name of the manufacturer of each explosive;



(g) the country of origin of each explosive;



(h) the anticipated dates of entry into and departure from Canada;



(i) the location of the Canadian port of entry through which each explosive will pass;



(j) the location in Canada of secure storage sites that may be used if the transportation is interrupted and, if any of the sites is a licensed factory or a licensed magazine, the number and expiry date of the factory or magazine licence and, for each explosive that might be stored there, the quantity of that explosive that is authorized by the licence to be stored;



(k) if any of the secure storage sites is a magazine that is owned by a person other than the applicant, proof that the other person has agreed to have the explosive stored in their magazine if an interruption in transportation occurs;



(l) the name, address, telephone number, fax number and email address of the person to whom each explosive will be delivered;



(m) a copy of a permit, or other proof, establishing that each explosive may lawfully enter the country of destination;



(n) a copy of a permit, or other proof, establishing that each explosive may lawfully transit any country through which it will be transported if the country requires permission for the in transit transportation of the explosive; and



(o) the date of the application.



Requirements To Be Met by In Transit Permit Holder

Information on packaging

51. (1) A holder of an in transit permit must ensure that the following information is legibly printed on the packaging, or on a label affixed to the packaging, of each explosive to be transported in transit:

(a) the name or trade name of the explosive;



(b) a description of the explosive;



(c) the UN number of the explosive; and



(d) the quantity to be transported.

Interruption of in transit transportation

(2) If anything interrupts an in transit transportation of explosives, the holder of the in transit permit must ensure that the explosives are stored in a secure storage site and are (see footnote 10*) attended.

Report

(3) A holder of an in transit permit must complete, sign and send to the Chief Inspector of Explosives a report using the form provided by the Department of Natural Resources. The report must include the following information:

(a) the permit holder’s name, address, telephone number, fax number and email address;



(b) the holder’s permit number and its expiry date;



(c) the name or trade name, the UN number and a description of each explosive that was transported in transit; and



(d) the quantity and UN number of each type of explosive that was transported in transit;



(e) the country of origin of each explosive;



(f) the means of transport used;



(g) the location of the Canadian ports of entry through which each explosive passed; and



(h) the date of the report and the name of the person who completed the report.



Deadline — annual permit

(4) A holder of an annual permit must submit the report before the permit is renewed or, if the permit is not renewed, within a year after it expires. The report must be submitted even if no explosives were transported in transit during the year for which the permit was valid.

Deadline — single use permit

(5) A holder of a single use permit must submit the report within 30 days after the date on which the explosives entered Canada.

PART 5

MANUFACTURING EXPLOSIVES

Overview

52. (1) This Part sets out the rules for manufacturing explosives. However, it does not apply to the manufacture of small arms cartridges or black powder cartouches for personal use nor to repackaging under a vendor magazine licence.

Division 1

(2) Division 1 (sections 55 to 105) sets out how to obtain a division 1 factory licence or a satellite site certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the factory or the satellite site.

Division 2

(3) Division 2 (sections 106 to 132) sets out how to obtain a division 2 factory licence or a manufacturing certificate, as well as the requirements for holders of the licence or certificate and for workers at, and visitors to, the workplace.

Division 3

(4) Division 3 (sections 133 to 142) sets out the manufacturing activities that do not require a factory licence or manufacturing certificate and the requirements for people who carry out those activities.

Definition of “manufacturing”

53. In this Part, “manufacturing” includes the following activities:

(a) making or manufacturing an explosive substance from raw material or from another explosive substance;



(b) making or manufacturing an explosive article, including the assembly of an article from explosive and non-explosive components;



(c) altering or remaking an explosive substance or explosive article by modifying its chemical composition (for example, by gassing or blending) or by subjecting it to physical processes with the input of energy (for example, pneumatic handling, pumping, shearing or thickening);



(d) dividing an explosive into its components or unmaking, breaking up or in any manner destroying it;



(e) packaging explosives; and



(f) testing an unauthorized explosive or testing an explosive to assess its potential for a use other than its authorized use.



Explosives quantity

54. A reference to a mass of explosives in this Part is a reference to their net quantity (the mass of the explosives excluding the mass of any packaging or container).

DIVISION 1

MANUFACTURING EXPLOSIVES UNDER A DIVISION 1 FACTORY

LICENCE OR A SATELLITE SITE CERTIFICATE

Interpretation

Definitions — sites and authorizations

55. The following definitions relating to sites and authorizations apply in this Division.

“client site”

« site client »

“client site” means a blast site at which a mobile process unit is used to manufacture explosives away from a factory or satellite site.

“division 1 factory licence”

« licence de fabrique de la section 1 »

“division 1 factory licence” means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the manufacture of explosives at a factory.

“satellite site”

« site satellite »

“satellite site” means a site that is located away from a factory and is used to manufacture and temporarily store explosives for use at a blast site.

“satellite site certificate”

« certificat de site satellite »

“satellite site certificate” means a manufacturing certificate that is issued to the holder of a division 1 factory licence under paragraph 7(1)(c) of the Explosives Act and authorizes the manufacture of explosives at a satellite site.

Definitions — facilities

56. The following definitions relating to facilities and equipment at factories, satellite sites or client sites apply in this Division.

“factory magazine”

« poudrière de fabrique »

“factory magazine” means a magazine that is located at a factory or a satellite site.

“mobile process unit”

« unité de fabrication mobile »

“mobile process unit” means a vehicle or a portable machine that is used at a factory, a satellite site or a client site to carry out an explosives manufacturing operation.

“process unit”

« unité de fabrication »

“process unit” means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory.

“raw material storage facility”

« installation de stockage de matières premières »

“raw material storage facility” means a facility where non-explosive raw material and packaging material are stored at a factory or a satellite site.

“transport unit”

« unité de transport »

“transport unit” means a vehicle or container in which explosives or raw material are conveyed from one place to another at a factory or satellite site without using a public road. It includes a tow motor, forklift, wagon, handcart and basket, but does not include a conveyor or pipeline.

Definitions — people

57. The following definitions relating to people at factories, satellite sites or client sites apply in this Division.

“competent person”

« personne compétente »

“competent person” means a person who has been certified as trained in accordance with section 83.

“worker”

« travailleur »

“worker” means a person who is at a factory or a satellite site to carry out a manufacturing operation or some other kind of work (for example, maintenance of facilities or repair of equipment) for the holder of a division 1 factory licence.

Subdivision a

Authorized Activities

Manufacture of explosives

58. (1) A holder of a division 1 factory licence may manufacture explosives if the holder complies with this section.

Type of explosive

(2) Each explosive to be manufactured must be specified in the division 1 factory licence or a satellite site certificate.

Place of manufacture

(3) Explosives must be manufactured at one of the following locations:

(a) the factory specified in the division 1 factory licence;



(b) a satellite site specified in a satellite site certificate; or



(c) a client site specified in the licence or a certificate.



Manufacturing operations and work

(4) A manufacturing operation may be carried out in a process unit or factory magazine, and maintenance and other work may be done to a process unit, factory magazine, raw material storage facility or transport unit, only if the manufacturing operation, maintenance or other work is specified in the division 1 factory licence or a satellite site certificate. However, the minor servicing authorized by these Regulations does not have to be specified in the licence or certificate.

Acquisition, storage and sale of explosives

59. (1) A holder of a division 1 factory licence may acquire and store explosives and may sell explosives without a vendor magazine licence.

Compliance with Parts 10 to 18

(2) A holder who acquires or sells explosives must comply with Parts 10 to 18. However, they are not required to comply with the provisions of those Parts that apply to the storage of explosives if the explosives are stored at the factory or a satellite site.

Subdivision b

Application

Information

60. (1) An applicant for a division 1 factory licence or a satellite site 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 state whether a licence or a certificate is requested and must include the following information:

(a) the name, address, telephone number, fax number and email address of both the applicant and a contact person;



(b) each type of explosive to be manufactured;



(c) if the application is for a satellite site certificate, the number of the applicant’s division 1 factory licence and the dates on which the operations at the satellite site will begin and end;



(d) the address of the factory or satellite site; and



(e) the name, address, telephone number, fax number and email address of a contact person at the factory or satellite site.



Plans and sketches

(2) The application must include the following documents:

(a) a factory site and area plan or a satellite site and area plan that shows



(i) the topography of the site,



(ii) the location of every process unit, factory magazine and raw material storage facility, and every building or structure that contains such a unit, magazine or facility,



(iii) the location of any other building or structure, and



(iv) the distance in metres between each process unit, factory magazine, raw material storage facility, building and structure;



(v) the area surrounding the site that is exposed to the hazards (for example, debris or blast effect) that could result from an ignition of the explosives to be manufactured or stored at the site,



(vi) each (see footnote 11*) vulnerable place within that 