Vol. 151, No. 48 — December 2, 2017

Regulations Amending the Explosives Regulations, 2013

Statutory authority

Explosives Act

Sponsoring department

Department of Natural Resources

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Cargo, Fumigation and Tackle Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 5 (see footnote a) of the Explosives Act (see footnote b), proposes to make the annexed Regulations Amending the Explosives Regulations, 2013.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jean-Luc Arpin, Director, Chief Inspector of Explosives, Natural Resources Canada, 580 Booth Street, 10th Floor, Room: D1-2, Ottawa, Ontario K1A 0E4 (tel.: 343-292-8731; fax: 613-948-5195; email: jean-luc.arpin@canada.ca).

Ottawa, November 23, 2017

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending the Explosives Regulations, 2013

Amendments

1 Paragraph 5(1)(c) of the Explosives Regulations, 2013 (see footnote 1) is replaced by the following:

2 Subsection 26(3) of the Regulations is replaced by the following:

Specified period

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

3 The portion of section 29 of the Regulations before paragraph (a) is replaced by the following:

Application for specified period

29 An applicant for an authorization for a specified period, if the (see footnote 2) explosive is for use other than at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

4 (1) The portion of section 30 of the Regulations before paragraph (a) is replaced by the following:

Application for specified period — other activities

30 An applicant for an authorization for a specified period, if the (see footnote 3) explosive is for use at a special event, tour or international competition involving fireworks, must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

(2) Paragraphs 30(d) and (e) of the Regulations are replaced by the following:

(3) Paragraph 30(g) of the Regulations is replaced by the following:

5 Section 37 of the Regulations is amended by adding the following after subsection (3):

Exception

(4) Subsection (1) does not apply to type C.2, C.3 or S.1 explosives if

6 Subsection 40(3) of the Regulations is replaced by the following:

Duties upon recall

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

7 The definition lieu de stockage sûr in subsection 44(1) of the French version of the Regulations is replaced by the following:

lieu de stockage sûr Lieu autorisé par le ministre ou par une province pour le stockage du type et de la quantité d’ (see footnote 4)explosif à transporter en transit. (secure storage site)

8 The table to section 45 of the Regulations is replaced by the following:

TABLE

Item

Column 1

Explosive

Column 2

Quantity

1

Model rocket motors that have a maximum total impulse of 80 newton-seconds (NFPA alpha designations A to E, as indicated on the motor or its packaging)

6

2

Avalanche airbag systems

3

3

Small arms cartridges — imported or exported

5 000

4

Small arms cartridges — transported in transit

50 000

5

Percussion caps (primers) for small arms cartridges — imported or exported

5 000

6

Percussion caps (primers) for small arms cartridges — transported in transit

50 000

7

Empty primed small arms cartridge cases — imported or exported

5 000

8

Empty primed small arms cartridge cases — transported in transit

50 000

9

Black powder and hazard category PE 1 black powder substitutes

8 kg, in containers of 500 g or less

10

Smokeless powder and hazard category PE 3 black powder substitutes

8 kg, in containers of 4 kg or less

9 Subsection 47(4) of the Regulations is replaced by the following:

Exception

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

10 In paragraphs 50(j) and (k) of the French version of the Regulations, “sécuritaire” and “sécuritaires” are replaced respectively by “sûr” and “sûrs”.

11 Subsection 51(2) of the Regulations is replaced by the following:

Interruption of in transit transportation

(2) If anything interrupts an in transit transportation of explosives and, as a consequence, the explosives need to be stored, the holder of the in transit permit must ensure that they are stored in a licensed magazine, (see footnote 5)storage unit or dwelling in accordance with these Regulations or at a secure storage site.

12 Paragraph 84(b) of the Regulations is replaced by the following:

13 Subsection 101(2) of the Regulations is replaced by the following:

Visitors

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

14 Section 107 of the Regulations is renumbered as subsection 107(1) and is amended by adding the following:

Transportation of black powder charges

(2) For the purpose of transporting black powder charges manufactured under paragraph (1)(h), the charges are classified as UN 0027.

15 The Regulations are amended by adding the following after section 135:

Christmas crackers

135.1 (1) A person who complies with subsection (2) may assemble Christmas crackers.

Requirements

(2) The person who carries out the activity must ensure that the following requirements are met:

16 The portion of section 168 of the Regulations before paragraph (a) is replaced by the following:

Destruction of explosives

168 A holder of a licence, permit or certificate who has not applied to renew the document or obtain a new document must ensure that on or before the expiry date of their document the (see footnote 6) explosives under their control for which a licence, permit or certificate is required

17 The portion of subsection 170(1) of the Regulations before paragraph (a) is replaced by the following:

Annual report

170 (1) For any calendar year during which a holder of a factory licence, an import or export permit or a manufacturing certificate carries out an (see footnote 7) activity involving an explosive of type E, I or D, the holder must submit a report to the Chief Inspector of Explosives in the form provided by the Department of Natural Resources. The report must include, for each (see footnote 8) explosive,

18 The definition equivalent document in subsection 175(1) of the Regulations is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

19 Section 177 of the Regulations is replaced by the following:

Issuance of document

177 The Minister must not issue or renew the licence, permit or certificate unless the applicant has an approval letter or equivalent document.

20 Section 186 of the Regulations is replaced by the following:

Overview

186 This Part sets out the requirements for transporting (see footnote 9)explosives, including in transit transportation and the loading and unloading of explosives, that must be met by owners, shippers, carriers and drivers. When certain explosives are to be shipped, the requirements of section 190 apply. In all other cases, the requirements of sections 191 to 201 (dealing with transportation by vehicle) and sections 202 to 203.1 (dealing with transportation by other means) apply.

21 The heading before subsection 190(1) of the Regulations is replaced by the following:

Exemption of Certain Explosives

22 The portion of subsection 190 of the Regulations before subparagraph (a) is replaced by the following:

List of explosives

190 (1) A carrier or driver is not subject to the requirements of sections 191 to 203.1 if they transport

23 Section 191 of the Regulations is amended by adding the following after subsection (3):

Exception

(3.1) Subsection (3) does not apply to

24 (1) Subsection 196(6) of the Regulations is replaced by the following:

Repairs

(6) In the case of a mechanical breakdown of a vehicle transporting explosives, the driver must ensure that repairs to the vehicle are done at the location of the breakdown only if doing the repair work will not increase the likelihood of an ignition and the work is done by a competent person.

Tools and devices for repair

(6.1) The driver must ensure that repairs that involve power tools or heat-producing devices or that could increase the likelihood of an ignition are not made to the vehicle while it contains explosives.

(2) Subsection 196(9) of the Regulations is replaced by the following:

Towed vehicle

(9) Except at a mine site or quarry, the driver of a vehicle transporting explosives must ensure that the vehicle is not towed unless the Minister or a police officer directs that it be towed because of an emergency or a breakdown.

25 Subsection 198(1) of the Regulations is replaced by the following:

Tracking and communication systems

198 (1) If a vehicle — other than a vehicle in which a (see footnote 10)manufacturing operation may be carried out — is used to transport 1 000 or more detonators or at least 2 000 kg of an (see footnote 11)explosive that is listed in subsection (2), the carrier must ensure that it is equipped with a tracking and communication system.

26 Subsection 201(1) of the Regulations is replaced by the following:

Accidents and incidents

201 (1) The driver of a vehicle that contains (see footnote 12)explosives and is involved in an accident or incident that is likely to delay the delivery of the explosives must, as soon as the circumstances permit, notify the police, the shipper and the carrier of the accident or incident and of the delay.

27 The Regulations are amended by adding the following after section 203:

Transportation by vessel

203.1 (1) Subject to subsection (3), no person shall, at a wharf or port facility, load onto or unload from a vessel packaged goods that contain 25 kg or more of explosives unless

Additional safety measures

(2) An inspector who makes the determination referred to in paragraph (1)(b) must impose any additional safety measures that are necessary for the safe loading and unloading of the explosives.

Maximum waiting time

(3) If explosives are loaded or unloaded under paragraph (1)(a) and, during that time the maximum waiting time of the vehicle dockside must not exceed 30 minutes, the vehicle must be parked as far as the circumstances permit from all areas used by the general public or for the handling or storage of other cargo.

Exception

(4) Subsections (1) and (3) do not apply to explosives included in Class 1.4S of the International Maritime Dangerous Goods Code, published by the International Maritime Organization.

Quantified risk assessment — requirements

(5) The quantified risk assessment must meet the following requirements:

Approval of methodology — criteria

(6) The Chief Inspector of Explosives must approve the methodology to be used in a quantified risk assessment if he or she determines that the methodology is capable of accurately calculating the risks to people and property resulting from the loading and unloading of explosives at the wharf or port facility to be assessed, taking into account

Approval of report — criteria

(7) An inspector to whom a quantified risk assessment report has been submitted must approve the report if he or she determines that the safety measures in it meet the requirements referred to in paragraphs (5)(c) and (d).

28 Subsection 218(2) of the Regulations is replaced by the following:

Exception

(2) Subsection (1) does not apply to

29 Section 227 of the Regulations is replaced by the following:

Distributor and retailer

227 A distributor or retailer may acquire, store and sell blank cartridges for tools whether or not they hold a licence. A distributor or retailer who acquires blank cartridges for tools must comply with this Division.

30 Section 230 of the Regulations is repealed.

31 Section 236 of the Regulations is repealed.

32 Subsection 304(1) of the English version of the Regulations is replaced by the following:

Storage requirements — dwelling

304 (1) When propellant powder, percussion caps or black powder cartouches are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the propellant powder, percussion caps or black powder cartouches.

33 The definition special effect pyrotechnics in section 361 of the Regulations is replaced by the following:

special effect pyrotechnics means, in addition to any (see footnote 14)explosive classified as type F.3, the following types of explosive if it will be used to produce a special effect in a film or television production or a performance before a live audience:

34 Subsection 365(2) of the Regulations is repealed.

35 (1) Subsection 388(3) of the Regulations is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).

(2) Paragraphs 388(4)(a) to (c) of the Regulations are replaced by the following:

36 (1) Subsections 398(1) and (2) of the Regulations are repealed.

(2) Subsection 398(3) of the Regulations is replaced by the following:

Storage — site of use

(3) Any (see footnote 15)storage unit at the site of use must be located in an area that is not accessible to the public.

37 Section 412 of the Regulations is replaced by the following:

Quantity of display fireworks

412 A reference to a mass of display fireworks or their accessories in this Part is a reference to their net quantity (the mass of the fireworks excluding the mass of any packaging or container).

38 Paragraphs 420(b) and (c) of the Regulations are replaced by the following:

39 Section 426 of the Regulations is replaced by the following:

Storage — display supervisor in charge

426 A user who is the display supervisor in charge of a display, whether or not they hold a licence, may store the fireworks to be used in a display –– to a maximum of 500 electric matches and 100 kg of other fireworks — in a (see footnote 17)storage unit if they obtain the written approval of the (see footnote 18)local authority to do so. The user must ensure that the requirements in section 427 are met.

40 Paragraphs 432(1)(d) and (e) of the Regulations are replaced by the following:

41 Subsection 434(5) of the Regulations is replaced by the following:

Handling

(5) Only a person who holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor), fireworks operator certificate (display supervisor with endorsement) or fireworks operator certificate (display visitor) and is authorized by the display supervisor in charge may handle fireworks in the danger zone or fallout zone.

42 (1) The portion of item 2 of the table to subsection 453(2) of the Regulations in column 1 is replaced by the following:

Item

Column 1

Authorization, Permit, Licence or Certificate

2

Authorization for a specified period, for use other than at a special event, tour or international competition

(2) Item 3 of the table in subsection 453(2) of the Regulations is replaced by the following:

Item

Column 1

Authorization, Permit, Licence or Certificate

Column 2


Fees

3

Authorization for a specified period for use at a special event, tour or international competition

$500 for each (see footnote 19) pyrotechnic event or fireworks display, subject to a maximum fee of $2,500 for events or displays that are part of the same special event, tour or international competition

43 The Regulations are amended by replacing “ (see footnote 20)product name” with “product name” in the following provisions:

44 The French version of the Regulations is amended by replacing “nom de produit” with “*nom de produit” in the following provisions:

45 The English version of the Regulations is amended by replacing “ (see footnote 21)product name” with “product name” in the following provisions:

Coming into Force

46 These Regulations come into force on the day on which they are registered.

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