His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 5Footnote a of the Explosives Act Footnote b, makes the annexed Explosives Regulations, 2013 .



PART 1 Introduction

Marginal note: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. . . .”

Marginal note:Notes

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

Marginal note: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.

Marginal note:Scheme of Regulations

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

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

Marginal note:Authorization and classification of explosives (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.

Marginal note:Importing and exporting explosives and transporting explosives in transit (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.

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

Marginal note:Magazine licences and storage in licensed magazine (6) Part 6 indicates how to obtain a magazine licence and sets out the requirements for storing explosives in a licensed magazine.

Marginal note:Provisions of general application (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.

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

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

Marginal note:Particular types of explosives (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) Footnote * industrial explosives – Part 11; (c) blank cartridges for tools – 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.

Marginal note:Types of pyrotechnics (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) Footnote * 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.

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

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

SOR/2016-75, s. 37

Marginal note:Application of Regulations

5 (1) These Regulations apply to all Footnote * 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) explosives classified as UN 3268 by the competent authority of their country of origin under the Model Regulations on the Transport of Dangerous Goods , published by the United Nations; (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 Footnote * explosive substance.

Marginal note: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).

Marginal note: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).

Marginal note: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.

Marginal note: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.

SOR/2018-231, s. 1

Definition of explosive

SOR/2013-211, s. 499

SOR/2016-75, s. 1

Marginal note:Inspectors’ duties

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

Marginal note:Electronic notice

8 Any document, other than a document referred to in subsection 173(3) or (4) or 183(3) or section 426 or subsection 498(1), 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

Marginal note:Overview

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

Requirements

Marginal note:Age restriction

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

Marginal note:Requirement that explosives be authorized

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

Prohibitions

Marginal note:Prohibited explosives

12 The following Footnote *explosives are, in the opinion of the Minister, 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 Footnote *compatible with one another.

SOR/2016-75, s. 38

Marginal note:Sale or transfer

13 A person must not sell or otherwise transfer an Footnote *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.

Marginal note:Acquisition of restricted explosive

14 A person must not acquire an Footnote *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.

Marginal note:Performance-diminishing substance

15 A person must not carry out an Footnote *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.

Marginal note:Smoking

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

Marginal note:Alteration of markings

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

Marginal note:Change of quantity (2) However, after removing an explosive from its packaging, a person may alter the printing or label on the packaging to reflect the remaining quantity.

Marginal note: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

Marginal note:Knowledge of activity

19 A person who is carrying out an Footnote *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.

Marginal note:Precautionary measures

20 A person who is carrying out an Footnote *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.

Marginal note:Limiting access to explosives

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

Marginal note: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

Marginal note:Overview

23 This Part sets out Footnote *activities involving an explosive that may be carried out even if the Footnote *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.

Marginal note: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

Marginal note:Exemption from authorization

25 Despite section 11, the following Footnote *activities involving an explosive may be carried out even though the Footnote *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 Footnote * small arms cartridges or black powder cartouches for personal use;

(f) the assembly and use of special purpose pyrotechnics, as defined in section 361;

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

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

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

(j) the transportation in transit of an explosive.

Application for Authorization

Marginal note:Period of authorization

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

Marginal note: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.

Marginal note:Specified period (3) An authorization for a specified period is issued if the explosive is intended to be used for a specific purpose within a specified period (for example, a chemical analysis, a product trial, scientific research or a special event, tour or international competition involving fireworks).

SOR/2018-231, s. 2

Marginal note:Applicant

27 The following people may apply to have an Footnote *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.

Marginal note: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 Footnote * product name;

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

(d) for an Footnote * 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 Footnote * 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 safety 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 period after the manufacture of the explosive during which it will remain suitable for use in the circumstances described in paragraph (c).

SOR/2016-75, s. 2

Marginal note:Application for specified period

29 An applicant for an authorization for a specified period, if the Footnote *explosive is for use other than at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

(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 Footnote * product name;

(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 Footnote * 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 safety standards with which the packaging or container must comply 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.

SOR/2016-75, s. 3

SOR/2018-231, s. 3

Marginal note:Application for specified period — other activities

30 An applicant for an authorization for a specified period, if the Footnote *explosive is for use at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

(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 Footnote * explosive and its properties, as well as its Footnote * product name;

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

(d) the places and dates of the special event, tour or international competition at which the explosive will be used;

(e) the controls that will be put in place to ensure that the explosive is used only for the special event, tour or international competition for which it is authorized;

(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 before the authorization expires.

SOR/2016-75, ss. 4, 39

SOR/2018-231, ss. 4, 44(F)

Marginal note:Fees

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

Authorization

Marginal note:Authorization for indefinite period

32 (1) The Chief Inspector of Explosives must authorize the use of an Footnote * 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 Footnote * 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.

Marginal note: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.

Marginal note:Authorization for specified period

33 The Chief Inspector of Explosives must authorize an Footnote *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 Footnote *manufactured, handled, stored, transported, used and destroyed.

Marginal note:Sample required

34 (1) If a sample of an Footnote * 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.

Marginal note: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.

Marginal note:Notice

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

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

Marginal note: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 Footnote * manufacture and the place of use; and (d) the date on which the explosive was authorized.



Classification of Explosives

Marginal note:Classification of authorized explosives

SOR/2016-75, s. 37

Authorized Explosives

Marginal note:Changes to authorized explosive

37 (1) A person who has obtained the authorization of an Footnote * 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) or (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) or (n).

Marginal note: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.

Marginal note: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.

Marginal note:Exception (4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if (a) for the purposes of transportation, the explosive has been classified as Class 1.4S under the Model Regulations on the Transport of Dangerous Goods , published by the United Nations; (b) the UN number assigned to the explosives by the competent authority of the country of origin has not changed; and (c) the Chief Inspector of Explosives has received a written notice of any change to the explosive.



SOR/2018-231, s. 5

Marginal note:Reclassification

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

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

Marginal note:Cancellation of authorization

39 The Chief Inspector of Explosives must cancel the authorization of an Footnote *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 Footnote * 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.

Marginal note:Recall

40 (1) If the authorization of an Footnote * explosive is cancelled because the explosive is no longer safe when Footnote * 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.

Marginal note: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.

Marginal note:Duties upon recall (3) A person who receives a notice to recall an explosive must immediately recall the explosive and either make it safe or destroy it in a safe manner.

SOR/2018-231, s. 6

List of Authorized Explosives

Marginal note:Contents of list

41 (1) The Minister must keep an up-to-date list of all Footnote * 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 Footnote * product name and classification of the explosive; and (c) any restrictions imposed by the Chief Inspector of Explosives.

Marginal note: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.

SOR/2016-75, ss. 38, 39

SOR/2018-231, s. 44(F)

Marginal note:Removal from list

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

SOR/2016-75, s. 38

TABLE Tests for Authorizing Explosives

1 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

2 Tests for chemical composition — including the determination of the percentage of each ingredient in the explosive

3 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

4 Tests for ignition behaviour

5 Tests to determine the potential for mass explosion in a fire

6 Tests to determine whether ignition of an explosive article might ignite other explosive articles when stored or transported together

7 Tests for mechanical sensitivity — including sensitivity to friction and impact

8 Tests for sensitivity to electrostatic discharge

9 Tests for sympathetic initiation and detonation

10 Tests for velocity of detonation

11 Tests for explosive strength

12 Tests for or calculation of the composition of gases that evolve on explosion

13 Performance tests

14 Tests for minimum burning pressure

15 Packaging tests

16 Any other tests that are necessary for the purpose of authorizing an explosive

PART 4 Importing and Exporting Explosives and Transporting Explosives in Transit

Marginal note:Overview

43 This Part sets out

(a) the circumstances in which Footnote * 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.

Marginal note:Definitions

44 (1) The following definitions apply in this Part. annual permit annual permit means a permit for multiple importations, exportations or transportations in transit during a one-year period. (permis annuel) secure storage site secure storage site means a site at which the Minister or a province has authorized storage of the type and quantity of explosive that is to be transported in transit. (lieu de stockage sûr) single use permit single use permit means a permit for a single importation, exportation or transportation in transit. (permis à utilisation unique)

Marginal note:Explosive quantity (2) A reference to the mass of an Footnote *explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance).

SOR/2013-211, s. 500

SOR/2016-75, s. 38(E)

SOR/2018-231, s. 7(F)

No Permit Required

Marginal note:Import, export or transport in transit

45 A person may import, export or transport in transit an Footnote *explosive set out in the table to this section without a permit if the following conditions are met:

(a) the explosive is imported, exported or transported in transit for personal use and not for commercial purposes;

(b) the explosive enters or leaves Canada with the person importing or exporting it or, if the explosive is transported in transit, it remains with the person transporting it at all times; and

(c) in the case of Footnote * small arms cartridges, the cartridges do not include a tracer, incendiary or similar military component or device; and

(d) the quantity of the explosive being imported, exported or transported in transit is not more than the quantity set out in the table. TABLE Item Column 1 Column 2 Explosive Quantity 1 Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging) 6 2 Avalanche airbag systems 3 3 Small arms cartridges — imported or exported 5 000 4 Small arms cartridges — transported in transit 50 000 5 Percussion caps (primers) for small arms cartridges — imported or exported 5 000 6 Percussion caps (primers) for small arms cartridges — transported in transit 50 000 7 Empty primed small arms cartridge cases — imported or exported 5 000 8 Empty primed small arms cartridge cases — transported in transit 50 000 9 Black powder and hazard category PE 1 black powder substitutes 8 kg, in containers of 500 g or less 10 Smokeless powder and hazard category PE 3 black powder substitutes 8 kg, in containers of 4 kg or less

SOR/2013-211, s. 501

SOR/2016-75, s. 5

SOR/2018-231, s. 8

Import Permits

Application

Marginal note: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 applicant’s name, address, telephone number, fax number and email address; (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; (c) the Footnote * product name and UN number of each Footnote * 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, Footnote * pyrotechnic event, fireworks display or other purpose); (f) the name of the person who obtained the authorization 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.

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

SOR/2016-75, ss. 6, 39

SOR/2018-231, s. 44(F)

Requirements To Be Met by Import Permit Holder

Marginal note: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 Footnote * 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.

Marginal note:Information on explosives (2) A holder of an import permit must ensure that the following information is displayed on each explosive to be imported: (a) the name and address of the person who obtained the explosive’s authorization; (b) either the date of its Footnote * manufacture and the shift during which it was manufactured, if any, or its lot number; (c) its Footnote * product name; and (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

Marginal note:Manner of displaying information (3) A holder of an import permit must ensure that the information (a) is legibly printed on the explosive; (b) is legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a); (c) is contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraph (a) and (b); or (d) is legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

Marginal note:Exception (4) Paragraph 2(d) does not apply in the case of fireworks that are imported for use at a special event, tour or international competition if the instructions are printed in a language understood by the person who will use the fireworks.

Marginal note:Information on packaging (5) 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 “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging; (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging; (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

Marginal note:Printing deadline (6) 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 .

Marginal note:Report (7) 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 product 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.

Marginal note:Deadline — annual permit (8) 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.

Marginal note:Deadline — single use permit (9) A holder of a single use permit must submit the report within 30 days after the date on which the explosives were imported.

Marginal note:Exception (10) Subsections (7) to (9) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations .

SOR/2016-75, ss. 7, 39

SOR/2018-231, ss. 9, 43, 44(F), 45(E)

Export Permit

Application

Marginal note: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 applicant’s name, address, telephone number, fax number and email address;

(b) if the applicant has a freight forwarder, their name, address, telephone number, fax number and email address and the name of a contact person;

(c) the Footnote * product name and UN number of each Footnote * 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 person who obtained the authorization of each explosive;

(f) the country of origin of each explosive;

(g) the location of the Canadian port of exit 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.

SOR/2016-75, ss. 8, 39

SOR/2018-231, s. 44(F)

Requirements To Be Met by Export Permit Holder

Marginal note: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 Footnote * explosive to be exported: (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging; (b) the Footnote * product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging;

Marginal note: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 product name and UN number of each explosive that was exported and the name of the person who obtained its authorization; (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 exit through which each explosive passed; and (h) the date of the report and the name of the person who completed the report.

Marginal note: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.

Marginal note: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.

Marginal note:Exception (5) Subsections (2) to (4) do not apply to a holder that reports the importation of explosives by electronic means in accordance with section 4 of the Reporting of Imported Goods Regulations .

SOR/2016-75, ss. 9, 39

SOR/2018-231, s. 45(E)

In Transit Permits

Application

Marginal note: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 applicant’s name, address, telephone number, fax number and email address;

(b) if the applicant has a freight forwarder, their address, telephone number, fax number and email address and the name of a contact person;

(c) the Footnote * product name and UN number of each Footnote * 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 product 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 and port of exit 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.

SOR/2016-75, s. 39

SOR/2018-231, ss. 10(F), 44(F), 45(E)

Requirements To Be Met by In Transit Permit Holder

Marginal note: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 Footnote * explosive to be transported in transit: (a) the name or Footnote * product name of the explosive; (b) a description of the explosive; (c) the UN number of the explosive; and (d) the quantity to be transported.

Marginal note:Interruption of in transit transportation (2) If anything interrupts an in transit transportation of explosives and, as a consequence, the explosives need to be stored, the holder of the in transit permit must ensure that they are stored in a licensed magazine, Footnote * storage unit or dwelling in accordance with these Regulations or at a secure storage site.

Marginal note: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 product 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 port of entry and port of exit through which each explosive passed; and (h) the date of the report and the name of the person who completed the report.

Marginal note: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.

Marginal note: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.

SOR/2016-75, s. 39

SOR/2018-231, ss. 11, 44(F), 45(E)

PART 5 Manufacturing Explosives

Marginal note:Overview

52 (1) This Part sets out the rules for manufacturing Footnote * explosives. However, it does not apply to the manufacture of Footnote * small arms cartridges or black powder cartouches for personal use or to repackaging under a vendor magazine licence.

Marginal note: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 satellite site.

Marginal note: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.

Marginal note: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 Footnote * explosive substance from raw material or from another explosive substance;

(b) making or manufacturing an Footnote * 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 Footnote * 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.

Marginal note:Explosive quantity

54 A reference to the mass of an Footnote *explosive in this Part is a reference to its net quantity (the mass of the explosive excluding the mass of any packaging or container and, in the case of an Footnote *explosive article, also excluding any component that is not an Footnote *explosive substance).

DIVISION 1 Manufacturing Explosives under a Division 1 Factory Licence or a Satellite Site Certificate

Interpretation

Marginal note:Definitions — sites and authorizations

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

client site client site means a blast site at which a mobile process unit is used to manufacture Footnote *explosives away from a factory or satellite site. (site client) division 1 factory licence 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. (licence de fabrique de la section 1) satellite site satellite site means a site that is located away from a factory and at which explosives that are intended for use at a client site are manufactured and temporarily stored. (site satellite) satellite site certificate 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. (certificat de site satellite)

Marginal note:Definitions — facilities

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

factory magazine factory magazine means a magazine that is located at a factory or satellite site. (poudrière de fabrique) mobile process unit mobile process unit means a vehicle or portable machine that is used at a factory, satellite site or client site to carry out an explosives manufacturing operation. (unité de fabrication mobile) process unit process unit means a building, structure, room or place in which an explosives manufacturing operation is carried out at a factory. (unité de fabrication) raw material storage facility raw material storage facility means a facility where non-explosive raw material and packaging material are stored at a factory or satellite site. (installation de stockage de matières premières) transport unit transport unit means a vehicle or container in which Footnote *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. (unité de transport)

Marginal note:Definitions — people

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

competent person competent person means a person who has been certified as trained in accordance with section 83. (personne compétente) worker worker means a person who is at a factory or 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. (travailleur)

SUBDIVISION a Authorized Activities

Marginal note:Manufacture of explosives

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

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

Marginal note: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.

Marginal note: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.

Marginal note:Acquisition, storage and sale of explosives

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

Marginal note: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

Marginal note: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 Footnote * 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.

Marginal note: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 Footnote * vulnerable place within that area, and (vii) the distance in metres between each vulnerable place and each process unit, factory magazine and raw material storage facility; (b) layout sketches, diagrams or drawings that show (i) the workplace areas, storage areas and emergency exits of every process unit, factory magazine, raw material storage facility and every building or structure that contains such a unit, magazine or facility, (ii) the equipment to be used in each process unit, including piping and instrumentation diagrams and equipment layout drawings, and (iii) the manufacturing operations to be carried out, including process flow sheets or process schematic drawings.

Marginal note:Site description (3) The application must include the following information about the factory or satellite site: (a) its geographical coordinates; (b) the size of, and construction materials used for, each building at the site and all lighting, heating, ventilation and air conditioning systems, electrical installations, grounding and measures for protection from fire and lightning; (c) a description of all site and building security features (for example, fencing, barriers and warning signs); (d) a description of the principal manufacturing equipment to be used and its safety features; (e) a description of each mobile process unit to be used; (f) a description of any other mobile equipment, including transport units, to be used and how the equipment will be powered; and (g) a description of any safety features at the site to be put in place to minimize the likelihood of harm to people or property (for example, diking, sumps, blowout panels, means of blast containment, barriers, alarms or pressure relief and control systems).

Marginal note:Client site (4) If the manufacture of explosives is to be carried out at a client site, the application must include the following information: (a) the name, address, telephone number, fax number and email address of a contact person at the client site; (b) a description of the client site; (c) the distance in kilometres between the factory and the client site; and (d) the distance in kilometres between any satellite site and the client site.

Marginal note:Explosives description (5) The application must include a description that sets out, (a) for each explosive to be manufactured at the factory, a satellite site or a client site, (i) its Footnote * product name and its UN proper shipping name, (ii) the date on which the explosive was authorized or its authorization file number, (iii) its UN number, and (iv) its hazard category; and (b) for each explosive to be stored at the factory or a satellite site, (i) its UN proper shipping name, (ii) its UN number, and (iii) its hazard category.

Marginal note:Manufacturing operations description (6) The application must include the following information about manufacturing operations: (a) a description of the operations to be carried out in each process unit and factory magazine; (b) a description of the explosives, and of any other thing that is flammable, that is liable to spontaneously combust or that is otherwise dangerous, that will be stored in each process unit, factory magazine, raw material storage facility, building and structure; (c) the results of a quantified risk assessment or hazard operability review of any manufacturing operation to be used to manufacture an explosive if that operation has not previously been used in Canada to manufacture that explosive; (d) the maximum quantity of explosives and raw material that will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; (e) the maximum number of people who will be in each process unit, factory magazine, raw material storage facility, building and structure at any one time; and (f) the minimum distance in metres that must be maintained between each process unit, factory magazine and raw material storage facility and each vulnerable place shown on the area plan, as set out in the National Standard of Canada Standard CAN/BNQ 2910–510/2015 entitled Explosives — Quantity Distances as amended from time to time.

Marginal note:Security plan (7) If type E, I or D explosives are to be manufactured or stored, the application must include a security plan that includes the following information: (a) an assessment of the security risks resulting from the presence of the explosives at the factory, satellite site or client site; (b) a description of the measures that will be taken to minimize those risks; (c) a description of the procedures that will be followed to respond to security incidents; and (d) a description of the procedures that will be followed to report security incidents.

Marginal note:List of documents (8) The application must include a list of the following documents, along with the dates on which they were made and the dates of any amendments: (a) any environmental assessment of the factory, satellite site or client site or of the operations to be carried out there; (b) the documents that set out the rules, procedures and protocols designed to ensure compliance with the Explosives Act , these Regulations and the licence, including (i) operating procedures, (ii) maintenance procedures, (iii) training manuals, (iv) emergency response plans, and (v) spill contingency plans; (c) if manufacturing operations are to be carried out in a quarry, a letter of understanding signed by the quarry operator that sets out the safety measures that will be taken at the quarry; (d) if activities that could increase the likelihood of an ignition (for example, welding) are to be carried out, a document that sets out the rules governing those activities; and (e) if explosives are to be destroyed, a document that sets out the method of destruction to be used.

Marginal note:Identifier (9) Every process unit, factory magazine, raw material storage facility, building and structure that is shown on the site plan and every vulnerable place that is shown on the area plan must be identified by a number, letter or distinctive name, which must be used to identify the unit, magazine, building or structure in every drawing, sketch or description included in the application.

Marginal note:Scale drawing (10) Every drawing, sketch or plan must be drawn to scale, or be a reasonable approximation of actual distances and dimensions, and must include a legend.

SOR/2016-75, ss. 39, 40

SOR/2018-231, s. 44(F)

Marginal note:Fees

61 An applicant for a division 1 factory licence or a satellite site certificate must pay the applicable fees set out in Part 19.

SUBDIVISION c Requirements for Holders of Division 1 Factory Licences

Facilities at Factories and Satellite Sites

Marginal note:Responsibilities of licence holder

62 A holder of a division 1 factory licence must ensure that the requirements relating to process units, factory magazines, raw material storage facilities and transport units set out in sections 63 to 68 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Acceptable distance requirement

63 (1) Every process unit, factory magazine and raw material storage facility must be located at an acceptable distance from surrounding structures and infrastructure and from places where people are likely to be present.

Marginal note:Criteria — acceptable distance (2) Acceptable distance is determined by the Minister on the basis of risk of harm to people or property, taking into account the quantity and type of Footnote * explosives that are to be manufactured, the raw material to be used, the manufacturing operations to be carried out, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the unit, magazine or facility.

Marginal note:Structural requirements (3) Every process unit, factory magazine and transport unit must be designed, constructed and installed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be Footnote * compatible with the explosives to be manufactured, stored or transported and with the raw material to be used.

Marginal note:Factory magazines (4) Every factory magazine must also be constructed so that it is well ventilated and resistant to theft, weather and fire.

Marginal note:Raw material storage facilities (5) Every raw material storage facility must be designed, constructed and installed to conform to good engineering practices. The construction materials must be compatible with the raw material to be stored in the facility.

Marginal note:Means of escape (6) Every process unit, factory magazine, raw material storage facility and transport unit must have a means of escape that will permit all people in the unit, magazine or facility to leave it quickly and easily in an emergency.

Marginal note:Lighting, electrical fixtures and wiring systems (7) The lighting, electrical fixtures and wiring systems that are used in a process unit, factory magazine, raw material storage facility or transport unit must not increase the likelihood of an accidental ignition.

Marginal note:Electrostatic hazard (8) Precautions that eliminate any possibility of an accidental ignition of electrostatic sensitive material (for example, grounding and control of humidity) must be taken in every process unit, factory magazine, raw material storage facility and transport unit.

Marginal note:Protection against lightning strikes (9) Every process unit or building in which a process unit is located must be protected from lightning strikes if it would not be safe to shut down manufacturing operations in the process unit during a thunderstorm.

SOR/2016-75, s. 38

Marginal note:Equipment

64 (1) All tools, accessories and equipment that are in a process unit, factory magazine, raw material storage facility or transport unit must be designed, constructed and installed to conform to good engineering practices.

Marginal note:Compatibility (2) Every thing that is in a process unit, factory magazine, raw material storage facility or transport unit must be made from materials that are Footnote * compatible with the Footnote * explosives and raw material in the unit, magazine or facility.

Marginal note:Incompatible things (3) However, a thing that is not compatible with an explosive or raw material in a process unit, factory magazine or raw material storage facility but is required for manufacturing or maintenance (such as a cleaning fluid or solvent) may be brought into the unit, magazine or facility for immediate use. It must be removed as soon as the circumstances permit after its use unless the division 1 factory licence or satellite site certificate authorizes its storage in the unit, magazine or facility.

Marginal note:Control of safety-critical parameters (4) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

Marginal note:Motorized transport units (5) A motorized transport unit that contains explosives must be equipped with two easily accessible fire extinguishers, each with a rating of at least 4-A :40-B:C.

Marginal note:Open-flame device (6) An open-flame device, an open-element electrical appliance or a device (for example, a heat sealer) with a surface temperature above the decomposition temperature of the explosives or raw material with which it may come in contact must not be stored in a process unit unless the division 1 factory licence or satellite site certificate authorizes one to be stored in the unit.

Marginal note:Containers

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

Marginal note:Spills (2) Any spill of explosives, raw material or other material must be cleaned up as soon as the circumstances permit so as to eliminate any possibility of an ignition.

Marginal note:Foreign matter (3) If the likelihood of an ignition could be increased as a result of foreign matter (for example, bolts, gravel or grit) being present in or mixed with any raw material, or explosive used as raw material, the material must be carefully examined and passed through a sieve or treated to remove or exclude the foreign matter before manufacturing operations begin.

Marginal note:Removal of explosives from process unit (4) All explosives and raw material must be removed from a process unit as soon as the circumstances permit after manufacturing operations are completed, unless the division 1 factory licence or satellite site certificate authorizes storage of the explosives or raw material in the unit.

Marginal note:Removal of explosives from transport unit (5) All explosives and raw material must be removed from a transport unit as soon as the circumstances permit after their transport is completed. A transport unit that contains explosives must be Footnote * attended in person. However, it may be left unattended during a thunderstorm.

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

Marginal note:Decontamination (7) Any building or equipment that is no longer being used to manufacture explosives must be Footnote *decontaminated as soon as the circumstances permit. The building or equipment must be inspected by a supervisor to verify that it no longer contains any explosives.

Marginal note:Process unit records

66 (1) A record must be made for each period during which a process unit operates. The record must be kept for two years after the date on which it is made and must include the following information: (a) for each unit, (i) the dates on which the period of its operation began and ended, (ii) a short description of the Footnote * explosives, and the properties of the explosives, manufactured during the period, (iii) the quantity of explosives manufactured, and (iv) the maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the worker who did the work; and (b) for any equipment in the unit whose malfunction could increase the likelihood of an ignition, (i) the dates on which the period of its operation began and ended, (ii) the manufacturing operations for which the equipment was used, and (iii) the maintenance of and repairs to the equipment, the dates on which the work was carried out and the name of the person who did the work.

Marginal note:Decontamination records (2) A record must be made for each Footnote *decontamination of equipment that was used in a process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.

Marginal note:Thunderstorms

67 (1) On the approach of and during a thunderstorm, the following procedures must be followed: (a) all manufacturing operations in a process unit that can be safely shut down must be shut down; (b) all entrances to any factory magazine containing Footnote * explosives must be closed; (c) any transport unit containing explosives must be immediately moved to an isolated safe place; and (d) all people at the factory or satellite site must be immediately moved to a safe place and, until the storm passes, must not be permitted to return.

Marginal note:Process units (2) However, any manufacturing operation in a process unit that could, if stopped, increase the likelihood of harm to people or property may be carried on during a thunderstorm until the operation can be safely shut down.

Marginal note:Maintenance

68 (1) Every process unit, factory magazine and transport unit and all equipment that is used to manufacture Footnote * explosives must be maintained in good operating condition.

Marginal note:Servicing during use (2) Minor servicing of a process unit, factory magazine or transport unit, or of equipment that is used to manufacture explosives, may be done while the unit, magazine or equipment is in use if the following requirements are met: (a) the servicing is routine and is integral to the use of the unit, magazine or equipment; and (b) the servicing is done by a competent person.

Marginal note:Work permit (3) All other maintenance or repair work that is done at the factory or a satellite site in or to a process unit, factory magazine, transport unit or equipment that is used to manufacture explosives must be done by a competent person who has been issued a work permit by the licence holder.

Marginal note:Contents of work permit (4) A work permit must set out the procedures to be followed during the maintenance or repair work and the measures that must be taken before, during and after the work to eliminate any possibility of an ignition.

Marginal note:Decontamination (5) If any transport unit or equipment at the factory or a satellite site is contaminated, it must be Footnote * decontaminated at the factory before it is taken outside the factory for maintenance, repair or disposal.

Marginal note:Work done outside factory or satellite site (6) If maintenance or repair work is done outside the factory or a satellite site on manufacturing equipment whose malfunction could increase the likelihood of an ignition (for example, pumps or safety trips), it must be done by a competent person.

Marginal note:Logbook and work permits (7) A logbook of all maintenance and repair work done in or to every process unit, factory magazine and transport unit, and to any manufacturing equipment whose malfunction could increase the likelihood of an ignition, must be kept for two years after the date on which the last entry is made. The work permits for this maintenance and repair work must also be kept for two years after the date on which the work is completed.

Marginal note:Progressive cavity pump logbook (8) For each progressive cavity pump, a separate logbook that sets out the operating history of the pump and the maintenance and repair work done to it must be kept at the factory for the life of the pump.

Signs

Marginal note:Responsibilities of licence holder

69 A holder of a division 1 factory licence must ensure that the signage requirements set out in sections 70 to 72 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Signs

70 A sign that warns against unauthorized entry must be posted at each entrance to a factory or satellite site in a clearly visible location. The sign must also warn of danger from Footnote *explosives and indicate the precautions that must be taken to eliminate the possibility of an accidental ignition.

Marginal note:Exterior signs — process units and factory magazines

71 (1) On the outside of each process unit and factory magazine, a sign that sets out either the number, letter or distinctive name specified in the division 1 factory licence or satellite site certificate for that unit or magazine or the activities for which the unit or magazine is used, must be posted at each entrance in a clearly visible location.

Marginal note:Interior signs — process units and factory magazines (2) On the inside of each process unit and factory magazine, a sign that sets out the following information must be posted at the main entrance in a clearly visible location: (a) the quantity of each type of Footnote * explosive and the quantity of raw material that are authorized to be in the unit or magazine at any one time; (b) the number of people who are authorized to be in the unit or magazine at any one time; and (c) any other conditions or restrictions specified in the licence or certificate that apply to the unit or magazine.



Marginal note:Interior signs — raw material storage facilities

72 On the inside of each raw material storage facility, a sign that sets out the raw material, and the properties of the raw material, that is authorized to be stored in the facility, and the quantity of raw material that is authorized to be stored at any one time, must be posted at the main entrance in a clearly visible location. The sign must also indicate the precautions that must be taken to eliminate the possibility of an ignition of the raw materials.

Labelling

Marginal note:Responsibilities of licence holder

73 A holder of a division 1 factory licence must ensure that the labelling requirements set out in section 74 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Information on explosives

74 (1) The following information must be displayed on each Footnote * explosive that is manufactured at the factory or satellite site: (a) the name and address of the person who obtained the explosive’s authorization; (b) either the date of its Footnote * manufacture and the shift during which it was manufactured, if any, or its lot number; (c) its Footnote * product name; and (d) instructions, in both English and French, for its safe handling, storage, use and destruction.

Marginal note:Manner of displaying information (2) The information must be (a) legibly printed on the explosive; (b) legibly printed on a label affixed to the explosive, if it is not possible to comply with paragraph (a); (c) contained in a barcode or matrix code that is printed on the explosive, or on a label affixed to it, and can be read by a device that is available to the general public (for example, a smartphone), if it is not possible to comply with paragraphs (a) and (b); or (d) legibly printed on the packaging containing the explosive or on a label affixed to the packaging, if it is not possible to comply with paragraphs (a) to (c).

Marginal note:Information on packaging (3) The following information must be legibly printed on the packaging, or on a label affixed to the packaging, of the explosive: (a) the words “Ammunition/Munitions”, “Explosives/Explosifs”, “Fireworks/Pièces pyrotechniques”, “Pyrotechnics/Pièces pyrotechniques” or “Rocket Motors/Moteurs de fusée”, as the case may be, on the outer packaging and any inner packaging; (b) the product name of the explosive and the name and address of the person who obtained its authorization, on the outer packaging; (c) in the case of a type F explosive, whether it is type F.1, F.2, F.3 or F.4, on the outer packaging; and (d) in the case of a type S explosive, whether it is type S.1 or S.2, on the outer packaging.

Marginal note:Information on industrial explosives (4) The manufacturer’s division 1 factory licence number must be printed in a legible and permanent manner on the outer packaging of every industrial explosive.

SOR/2016-75, ss. 10, 39

SOR/2018-231, ss. 43, 44(F)

Safety of Workers and Visitors

Marginal note:Responsibilities of licence holder

75 A holder of a division 1 factory licence must ensure that the worker and visitor safety requirements set out in sections 76 to 79 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Access

76 (1) Only people authorized by the holder of a division 1 factory licence may have access to the factory or a satellite site.

Marginal note:Orientation sessions (2) A visitor may be authorized to enter the factory or a satellite site only if they have attended an orientation session on visitor safety within the 12 months before the date on which they enter. If any of the safety procedures have changed since their last orientation session, they must attend a new session before their entry is authorized.

Marginal note:Visitors — general public (3) A visitor may be authorized to enter any part of the factory or a satellite site if they are at least 17 years old and remain under the supervision of a competent person.

Marginal note:Lists of personal protective equipment

77 (1) Up-to-date lists of the personal protective equipment, clothing and devices that are needed to protect workers and visitors from the hazards to which they could be exposed while at the factory or a satellite site must be maintained and must be made available to all workers and visitors.

Marginal note:Personal protective equipment (2) Every worker and visitor must be required to wear the personal protective equipment, clothing and devices that are needed to protect them.

Marginal note:Hair, clothing and accessories (3) Every worker and visitor must be required to confine or cover any loose hair and confine, cover or remove any loose clothing, jewellery or other accessories if the hair, clothing or accessories could increase the likelihood of an ignition or the likelihood of harm to the worker or visitor.

Marginal note:Electronic devices (4) Every worker and visitor must be required to deactivate any electronic device in their possession (for example, a cellphone or two-way radio) in any part of the factory or a satellite site where the device, if activated, could increase the likelihood of an ignition.

Marginal note:Performance-diminishing substance

78 A worker or visitor must not be authorized to enter the factory or a satellite site if there are reasonable grounds to believe that they are under the influence of or carrying alcohol or another performance-diminishing substance. However, a worker or visitor who has taken a prescription drug may be permitted to enter if they have medical proof that the drug is needed and that it will not impede their ability to carry out their functions or to visit safely.

Marginal note:No smoking

79 (1) Smoking must be prohibited at the factory and any satellite site.

Marginal note:No fire-producing devices (2) Fire-producing devices (for example, matches and lighters) must not be permitted in the factory or any satellite site unless they are authorized by the division 1 factory licence or satellite site certificate.

Training

Marginal note:Responsibilities of licence holder

80 A holder of a division 1 factory licence must ensure that the training requirements for workers set out in sections 81 to 84 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Employees’ qualifications

81 Every employee at a factory or satellite site must be required to meet the following requirements:

(a) they must be a competent person; or

(b) they must be at least 17 years old, participating in the training program referred to in section 82 and under the direct supervision of a competent person.

Marginal note:Training program

82 (1) Every employee must be trained to carry out their duties at the factory or a satellite site in a safe and lawful manner. The training must be given by a competent person.

Marginal note:Contents of training (2) The training must include all information necessary to ensure the security of the factory or satellite site and the safety of the employee, other people at the factory or site and the general public. It must also include a review of the Explosives Act , these Regulations and the division 1 factory licence or satellite site certificate.

Marginal note:Certification

83 (1) A holder of a division 1 factory licence must certify as trained any employee who is at least 18 years old if (a) the employee has completed the training referred to in section 82; or (b) the holder has reasonable grounds to believe that the employee understands the hazards to which they could be exposed at the factory or satellite site and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the site.

Marginal note:Form and contents (2) Evidence of an employee’s certification may be either a training record or a document signed by the person who provided the training or, in the case provided for in paragraph (1)(b), by the holder of the division 1 factory licence. It must be given to the employee and record the employee’s name, the operating procedures the employee is competent to carry out and the date on which the certification will expire.

Marginal note:Expiry (3) An employee’s training certification must expire not more than five years after the date of the certification. If a change occurs in the operating procedures for which the employee was certified, the employee must be trained in the new operating procedures but the expiry date of the certification must remain the same.

Marginal note:Records (4) A training record and a record of work experience must be made and kept up to date for each employee at the factory or satellite site where they perform their duties. These records must be kept for two years after the date on which the employee’s certification expires.

Marginal note:Training and supervision

84 Every worker at a factory or satellite site who is not an employee must

(a) be trained to carry out their work in a manner that is safe and lawful and ensures the security of the factory or satellite site; and

(b) remain under the supervision of a competent person while at the factory or satellite site, unless the holder of the division 1 factory licence has reasonable grounds to believe that the worker understands the hazards to which the worker could be exposed and is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the factory or site.

SOR/2018-231, s. 12

Operation of the Factory or Satellite Site

Marginal note:Responsibilities of licence holder

85 A holder of a division 1 factory licence must ensure that the operational requirements set out in sections 86 to 91 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Operating procedures

86 (1) Operating procedures, including procedures to minimize the likelihood of an accidental ignition, must be put in place for every manufacturing operation.

Marginal note:Update of procedures (2) The operating procedures must be kept up to date and reviewed annually. If a manufacturing operation is to be changed, the procedures for carrying out that operation must be reviewed and modified as needed before the change is implemented.

Marginal note:Management of change

87 (1) Before any temporary or permanent technological or organizational change to manufacturing operations is implemented, an evaluation of the risk that the change could increase the likelihood of an ignition or a security incident must be carried out and a management of change procedure must be put in place for each change that could increase the likelihood of an ignition or a security incident.

Marginal note:Approval of change (2) Each change must be approved by the holder of the division 1 factory licence before it is made.

Marginal note:Record (3) A record of each change must be kept for two years after the date on which the change is made.

Marginal note:Security plan

88 (1) If a security plan was included in the application for a division 1 factory licence or a satellite site certificate, it must be implemented and a copy of the plan must be kept at the factory or satellite site.

Marginal note:Change of circumstance (2) The security plan must be updated to reflect any change in circumstances that could adversely affect the security of the factory or satellite site. A copy of the updated plan must be kept at the factory and satellite site and another copy must be sent to the Chief Inspector of Explosives as soon as the circumstances permit.

Marginal note:Copy (3) A copy of the most recent version of the plan must be made available to the people who are responsible for implementing it.

Marginal note:Audits

89 (1) All operating procedures must be routinely audited. Every audit must include the following verifications: (a) whether facilities and equipment are being operated and maintained in a manner that ensures the security of the factory or satellite site and minimizes the likelihood of harm to people and property; and (b) whether these Regulations and the terms and conditions of the division 1 factory licence and any satellite site certificate are being complied with.

Marginal note:Corrections (2) Any deficiency found during an audit must be corrected as soon as the circumstances permit.

Marginal note:Record (3) A record of each audit must be made and the record must include a copy of the action plan to correct any deficiencies found and set out the corrections made. It must be kept for two years after the date on which the audit is conducted.

Marginal note:Audit procedure (4) A procedure must be put in place to ensure that the audits are conducted in a complete and timely manner.

Marginal note:Records

90 (1) A record of each Footnote * explosive in the factory or at a satellite site (including any explosive that is used as raw material) must be kept for two years after the date on which the record is made. It must set out, for each explosive, (a) the Footnote * product name and a short description of the explosive and its properties; (b) if the explosive was received, the quantity received and the date of reception; (c) if the explosive was used to manufacture another explosive, the quantity used and the date of use; (d) if the explosive was manufactured at the factory or a satellite site, the quantity manufactured and the date of manufacture; (e) if the explosive was stored, the quantity stored, the magazine in which it was stored and the dates on which it was placed in and removed from the magazine; (f) if the explosive was shipped from the factory or a satellite site, the quantity shipped, the date of shipment and the name and address of the person to whom it was shipped; and (g) if the explosive was destroyed at the factory, the quantity destroyed and the date of destruction.

Marginal note:Inventory control systems (2) Any system used for inventory control or tracking of an explosive must not increase the likelihood of an ignition.

SOR/2016-75, s. 39

SOR/2018-231, s. 44(F)

Marginal note:Copy — licence and certificates

91 (1) A copy of the division 1 factory licence and all documents referred to in the licence must be kept at the factory. A copy of the satellite site certificate and all documents referred to in the certificate must be kept at each satellite site.

Marginal note:Copy — this Division (2) A copy of this Division must be made available to workers at the factory and each satellite site.

Marginal note:Copy — operating procedures (3) A copy of the operating procedures for each process unit, factory magazine and transport unit must be kept in the unit or magazine to which they relate and must be made available to the workers.

Mobile Process Units

Marginal note:Responsibilities of licence holder

92 A holder of a division 1 factory licence must ensure that the mobile process unit requirements set out in sections 93 to 100 are met at the factory and, if they also hold a satellite site certificate, at each satellite site.

Marginal note:Structural requirements

93 (1) Every mobile process unit must be designed and constructed to conform to good engineering practices. It must be constructed in a manner that prevents the accumulation of Footnote * explosives or raw material in cracks and cavities and that minimizes the harm to people and property that could result from an ignition of the explosives or raw material. The construction materials must be Footnote * compatible with the explosives to be manufactured and transported and with the raw material to be used.

Marginal note:Means of escape (2) Every mobile process unit must have a means of escape that will permit all people in the unit to leave it quickly and easily in an emergency.

Marginal note:Equipment (3) All tools, equipment, hoses and hydraulic systems in or on a mobile process unit must be designed, constructed and installed to conform to good engineering practices.

Marginal note:Compatibility (4) Every thing that is in or on a mobile process unit must be made from materials that are compatible with the explosives and raw material with which they could come into contact during manufacturing operations.

Marginal note:Control of safety-critical parameters (5) All equipment designed to control safety-critical parameters on pumps, and on other process equipment that puts energy into explosives, must be installed and maintained in good condition so that the equipment operates while the pumps and process equipment are in use.

Marginal note:Foreign matter

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

Marginal note:Loading and unloading (2) Explosives and raw material must not be loaded into or unloaded from a mobile process unit except at the factory or a satellite site or at a client site specified in the division 1 factory licence or satellite site certificate. However, in the case of a mechanical breakdown, unloading may be carried out at the location of the breakdown if the Minister is notified of the breakdown and determines that precautions that minimize the likelihood of ignition have been taken.

Marginal note:Loaded units to be attended (3) A mobile process unit that contains explosives must be Footnote * attended in person except when it is at the factory or a satellite site.

Marginal note:Storage — contaminated units (4) A mobile process unit that has not been Footnote * decontaminated must be kept at the location specified in the licence or certificate.

Marginal note:Tanks and hoppers (5) The explosives and raw material in the tanks and hoppers on a mobile process unit must be unloaded if the unit will not be used for three consecutive days. However, the fuel oil tank and prill hopper do not have to be unloaded.

SOR/2016-75, s. 38

Marginal note:Unit unused

95 (1) A mobile process unit must be cleaned if it will not be used, or has not been used, for 30 consecutive days.

Marginal note:Removal from service (2) A mobile process unit must be decontaminated before it is removed from service.

Marginal note:Decontamination (3) All decontamination of a mobile process unit must be carried out at the factory specified in the division 1 factory licence. After decontamination, a unit must be inspected by a supervisor to verify that it no longer contains any Footnote * explosives.

Marginal note:Destruction of waste (4) All explosives waste and explosives-contaminated material must be destroyed in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

Marginal note:Operating procedures

96 (1) Operating procedures, including procedures to minimize the likelihood of an ignition, must be put in place for every manufacturing operation to be carried out in a mobile process unit.

Marginal note:Copy (2) A copy of the operating procedures for each mobile process unit must be kept in the unit and must be made available to workers.

Marginal note:Process unit records

97 (1) A record must be made for each period during which a mobile process unit operates. The record must be kept for two years after the date on which it is made and must include the following information: (a) the dates on which the period of its operation began and ended; (b) a short description of the Footnote * explosives manufactured during the period and of their properties; (c) the quantity of explosives manufactured; and (d) the maintenance of and repairs to the unit, the dates on which the work was carried out and the name of the person who did the work.

Marginal note:Decontamination records (2) A record must be made for each Footnote *decontamination of equipment that is used in a mobile process unit. The record must describe the contamination and the means of decontamination and include the names of the workers who carried out the decontamination and the name of the supervisor who inspected the equipment after the decontamination. The record must be kept for two years after the date on which the equipment is disposed of.

Marginal note:Maintenance

98 (1) Every mobile process unit must be maintained in good operating condition.

Marginal note:Servicing during use (2) Minor servicing of a mobile process unit may be done while it is in use if the following requirements are met: (a) the servicing is routine and integral to the use of the unit; and (b) the servicing is done by a competent person.

Marginal note:Work permit (3) All other maintenance 