Explosives Regulations, 2013 (SOR/2013-211)

Transporting Explosives in a Vehicle

Marginal note:Vehicle requirements

• 191 (1) A carrier of explosives by vehicle must ensure that the portion of the vehicle that contains the explosives

  • (a) is either an intermodal container or is fully enclosed and fire resistant and is constructed of or is lined with a non-sparking material or does not increase the likelihood of an ignition; and

  • (b) is kept locked except when the explosives are being loaded or unloaded.

• Marginal note:Vehicle kept locked

  (2) The driver of the vehicle must also ensure that the portion of the vehicle that contains the explosives is kept locked except when the explosives are being loaded or unloaded.

• Marginal note:Towed vehicle

  (3) A carrier of explosives must not transport explosives in a towed vehicle unless

  • (a) the explosives are in a semi-trailer attached to a truck tractor or in a fifth-wheel trailer;

  • (b) the explosives are in a trailer that is part of a road train travelling over ice roads and the Minister has determined that precautions minimizing the likelihood of an ignition have been taken;

  • (c) the Minister or a police officer directs that the vehicle be towed because of an emergency or a breakdown;

  • (d) it is for the purposes of returning the vehicle to the road and the following requirements are met:

    • (i) there is no evidence of theft, attempted theft or loss of an explosive,

    • (ii) there is no evidence of a fire, spill or accidental explosion,

    • (iii) there is no evidence of an injury or death,

    • (iv) there is no evidence of accidental property or vehicle damage,

    • (v) there is no evidence of a release or anticipated release of explosives, and

    • (vi) after the vehicle has been towed to the road, the driver conducts an inspection to verify that the vehicle continues to meet the safety and roadworthiness requirements of this Part and to confirm that the explosives remain undamaged; or

  • (e) the explosives are classified as UN 3375 and are in a road vehicle, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, and no more than two drawn road vehicles are used in a road train.

• Marginal note:Exception

  (3.1) Subsection (3) does not apply to

  • (a) the transportation of explosives at a mine site or quarry; or

  • (b) the transportation of fireworks with UN number UN 0333, UN 0334, UN 0335 or UN 0336 in a towed vehicle if the driver of the tow vehicle holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor) or fireworks operator certificate (display supervisor with endorsement) and ensures that the quantity of fireworks transported in the towed vehicle does not exceed 750 kg and precautions have been taken to minimize the sway of both vehicles.

• Marginal note:Oversized load

  (4) If an explosive article or equipment that is contaminated with an explosive substance is too large to be contained in a fully enclosed portion of a vehicle or an intermodal container, the article or equipment may be transported on a flatbed if the carrier obtains a permit to do so issued by the Minister under paragraph 7(1)(b) of the Explosives Act. The carrier and the driver must ensure that the article or equipment is secured to the flatbed and, if feasible, covered.

• Marginal note:Application for permit

  (5) A carrier who applies for a permit to use a flatbed to transport an explosive article or equipment that is contaminated with an explosive substance 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 applicant’s name, address, telephone number and email address;

  • (b) the licence plate number and vehicle identification number of the flatbed;

  • (c) the number of the division 1 factory licence or magazine licence that authorizes the manufacture or storage of the explosive article or the explosive that contaminated the equipment, along with the address of the factory or magazine from which or to which the article or equipment is to be transported;

  • (d) a description of the explosive article or contaminated equipment; and

  • (e) a description of the method to be used to cover the article or equipment and to secure it to the flatbed.

• Marginal note:Exception

  (5.1) Subsections (1), (2) and (4) do not apply to jet perforating guns if they
  

  • (a) are transported in a motor vehicle or fifth-wheel trailer that is equipped with racks, carrying cases or devices that are designed and constructed to ensure that the jet perforating guns remain securely held in place during transport;

  • (b) are protected from damage during transport;

  • (c) do not extend beyond the body of the motor vehicle or the bed of the fifth-wheel trailer; and

  • (d) are transported in a manner that protects them from theft.

• Marginal note:Requirement — material

  (6) If a part of a portion of the vehicle that will contain explosives could come into contact with the explosives or their packaging during transport and if that part consists of a material that could increase the likelihood of an ignition if contact were to occur, the carrier must ensure that the part is covered with material that will prevent the contact from occurring.

• (7) [Repealed, SOR/2024-77, s. 53]

• Marginal note:Fire extinguishers

  (8) The carrier must ensure that the vehicle that contains explosives is equipped with two fire extinguishers that have a rating of at least 4-A :40-B:C and are easily accessible.

• (9) [Repealed, SOR/2024-77, s. 53]

• (10) [Repealed, SOR/2024-77, s. 53]

• (11) [Repealed, SOR/2024-77, s. 53]

• Marginal note:Dangerous goods marks

  (12) The carrier and the driver must ensure that any dangerous goods marks that are required by the Transportation of Dangerous Goods Regulations to be displayed when the vehicle is transporting explosives on a public highway are also displayed when the vehicle contains explosives and is not on a public highway.

Marginal note:Detonators

• 192 (1) When detonators are to be transported in a vehicle that contains other explosives, the shipper and the carrier must ensure that no more than 20 000 detonators will be transported with the other explosives. They must also ensure that

  • (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the detonators are stowed apart from the other explosives so that an explosion of one or more detonators will not ignite any of the other explosives; and

  • (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the detonators are stowed in a container in or compartment of the vehicle that is fully enclosed, cannot be accessed from the portion of the vehicle that contains the other explosives and will prevent the detonators from exploding during a fire for at least one hour.

• Marginal note:Damaged or deteriorated explosives

  (2) The shipper and the carrier must not transport damaged or deteriorated explosives unless the Minister determines that the explosives must be transported to another location for the purpose of storing them, making them fit for use, remaking or repairing them or destroying them and that precautions that minimize the likelihood of an ignition have been taken.

• Marginal note:Items transported with explosives

  (3) The shipper and the carrier must ensure that things other than explosives are not transported with explosives unless

  • (a) in the case of a vehicle that contains no more than 2 000 kg of explosives, the things are stowed, or separated from, the explosives so as to minimize the likelihood of an ignition; and

  • (b) in the case of a vehicle that contains more than 2 000 kg of explosives, the vehicle has been authorized to transport the things by a permit issued by the Minister under paragraph 7(1)(b) of the Explosives Act and the permit is in the vehicle.

• Marginal note:Permit to transport non-explosive items

  (4) A shipper or a carrier who applies for a permit to transport things other than explosives in a vehicle that will contain explosives 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 applicant’s name, address, telephone number and email address;

  • (b) a list of the non-explosive items to be transported with the explosives in the vehicle; and

  • (c) the precautions that will be taken to eliminate any possibility of an ignition.

• Marginal note:Limit for road trains on ice roads

  (5) In the case of a road train travelling over ice roads, the carrier must ensure that no more than 20 000 kg of explosives are transported in any trailer forming part of the train.

Marginal note:Sound mechanical condition

• 193 (1) The carrier must ensure that the following requirements are met:

  • (a) the vehicle to be used to transport explosives is in sound mechanical condition and capable of safely transporting explosives, meaning that any dangers including those related to gasoline engines, heaters and lights, refrigeration and climate control systems and hot components of the exhaust system have been addressed; and

  • (b) the vehicle is fuelled, the oil level and tire pressure are checked and all required servicing of the vehicle is carried out before the loading of explosives begins.

• Marginal note:Combustible material

  (2) The carrier and the driver must ensure that the portion of the vehicle containing explosives is free of grit, combustible or abrasive material, any fire-producing, spark-producing or flame-producing device and any substance that might ignite spontaneously.

• Marginal note:Inspection

  (3) The driver must ensure that the vehicle, while transporting explosives, is inspected daily to verify that the following requirements are met:

  • (a) the fire extinguishers are filled and in good working order;

  • (b) the electric wiring is completely insulated and firmly secured;

  • (c) the fuel tank and fuel lines have no leaks;

  • (d) the chassis, engine, pan and bottom of the body are clean and free from excess oil and grease;

  • (e) the brakes and steering apparatus are in good condition; and

  • (f) the tires are not worn smooth or visibly defective.

• Marginal note:Correcting deficiencies

  (4) The driver must ensure that any deficiencies found on the vehicle during an inspection are corrected before it is used to transport explosives.

Marginal note:Loading and unloading

• 194 (1) The carrier must ensure that, while explosives are being loaded into or unloaded from a vehicle, precautions that minimize the possibility of an ignition are taken. The carrier must also ensure that only activities that are necessary for loading or unloading the explosives are carried out in the immediate vicinity.

• Marginal note:Precautions

  (2) The carrier must ensure that precautions are taken that will prevent unauthorized people from having access to the explosives during loading or unloading and that will prevent any person in the immediate vicinity from doing anything that could increase the likelihood of an ignition.

• (3) [Repealed, SOR/2024-77, s. 56]

• Marginal note:Engine turned off and brakes set

  (4) During the loading or unloading of explosives, the driver must ensure that the engine is turned off and the brakes are set. However, the engine may be left running if it is needed to operate a power take-off or if cold and wind conditions could make restarting the engine difficult.

• Marginal note:No stopping

  (5) The carrier must ensure that once the loading or unloading begins, it continues without stopping until it is completed.

• Marginal note:Throwing or dropping explosives

  (6) The carrier must ensure that packages or containers of explosives are not thrown or dropped during the loading or unloading of explosives.

• Marginal note:Securing explosives

  (7) The carrier must ensure that the explosives are stowed and secured in a manner that eliminates any possibility of an ignition, including ignition by another item or substance that is also being transported.

Marginal note:Confirmation — shipper

• 195 (1) Before delivering the explosives to the carrier, the shipper must obtain confirmation from the intended recipient that the explosives will be

  • (a) used on the same day they are delivered and attended in person until they are used;

  • (b) stored in a factory magazine, licensed magazine, storage unit or dwelling in accordance with these Regulations; or

  • (c) shipped immediately to the next recipient.

• Marginal note:Confirmation — carrier

  (2) A carrier must not load explosives into a vehicle unless they have obtained confirmation from the intended recipient that they will be able to receive them at the time of delivery.

Marginal note:Age of driver

• 196 (1) A person who is less than 21 years old must not drive a vehicle that is transporting more than 2 000 kg of explosives.

• Marginal note:No smoking

  (2) A person must not smoke while they are in a vehicle that contains explosives, or while they are attending one.

• Marginal note:Performance-diminishing substance

  (3) A person who is under the influence of alcohol or another performance-diminishing substance must not be in or attend a vehicle that contains explosives. However, a person who has taken a prescription drug may be in or attend a vehicle containing explosives if they have medical proof that they need the drug and that it will not impede their ability to function safely.

• Marginal note:Performance-diminishing substance — possession

  (4) A driver and any person assisting the driver must not carry alcohol or another performance-diminishing substance for their personal use while transporting explosives.

• Marginal note:No stopping en route

  (5) The driver of a vehicle transporting explosives must not stop en route unnecessarily. If a stop is necessary, the driver must stop for no longer than required under the circumstances and must park the vehicle away from any place where there is an open flame, match or any other thing that could increase the likelihood of an ignition, and, in order to ensure that the risk of harm to people and property is as low as reasonably practicable, the driver must park the vehicle away from:

  • (a) any dwelling;

  • (b) any place where flammable substances, including but not limited to gasoline pumps, propane tanks or above-ground storage tanks for flammable liquid or flammable gas, are stored; and

  • (c) any area where people are likely to gather.

• Marginal note:Exception

  (5.1) Despite subsection (5), a vehicle transporting no more than 25 kg of high explosives (type E) and no more than 100 detonators (type I), may be parked if the following requirements are met:

  • (a) no other item or substance that could increase the likelihood of an ignition is in the vehicle;

  • (b) the vehicle is parked in a place where there is no open flame, match or any other thing that could increase the likelihood of an ignition; and

  • (c) the vehicle is parked at least 30 m from any dwelling, railway line or public highway and from any place where flammable substances, including gasoline pumps, propane tanks or above-ground storage tanks for a flammable liquid or flammable gas, are stored.

• Marginal note: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 that the work is done by a person who understands the hazards to which they could be exposed and who is competent to carry out their duties in a manner that is safe, lawful and ensures the security of the vehicle.

• Marginal note:Route

  (7) The driver of a vehicle transporting explosives must follow dangerous goods routes. If there are no dangerous goods routes, the driver must, if possible, avoid routes that pass through densely populated areas.

• Marginal note:Maintaining separation

  (8) A driver of a vehicle transporting more than 2 000 kg of explosives must maintain a distance of at least 300 m between their vehicle and any other vehicle that is transporting more than 2 000 kg of explosives.

• (9) [Repealed, SOR/2024-77, s. 57]