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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2021-02-24 and last amended on 2018-11-02. Previous Versions

PART 6Magazine Licences and Storage in a Licensed Magazine (continued)

Requirements for Holders of Magazine Licences

Marginal note:Responsibilities of licence holder

 A holder of a magazine licence must ensure that the requirements of sections 147 to 160 are met and that the people referred to in section 161 are aware of their obligations under that section.

Marginal note:Acceptable distance requirement

  •  (1) Every magazine must be located at an acceptable distance from surrounding structures, infrastructure and places where people are likely to be present.

  • Marginal note:Criteria — acceptable distance

    (2) In the case of a vendor magazine licence and a user magazine licence, 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 to be stored in the magazine, the strength, proximity and use of surrounding structures and infrastructure and the number of people likely to be in the vicinity of the magazine at any one time.

  • Marginal note:Criterion — user magazine zone licence

    (3) In the case of a user magazine zone licence, acceptable distance is the minimum distance in metres to be maintained between each magazine at the site and each Footnote *vulnerable place shown on the site 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.

  • SOR/2016-75, ss. 38, 40

Marginal note:Structural requirements

 Every magazine must be constructed and maintained so that it is well-ventilated and resistant to theft, weather and fire. A magazine for the storage of Footnote *explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise.

Marginal note:Authorized storage

  •  (1) An Footnote *explosive may be stored in a magazine only if the licence authorizes the storage of that explosive in that magazine.

  • Marginal note:Other materials and equipment

    (2) Materials and equipment may be brought into or stored in a magazine only if they are required for operations, including handling explosives, in the magazine and they do not increase the likelihood of an ignition.

Marginal note:Stacking

  •  (1) Packages and containers of Footnote *explosives must be stacked so that they will not fall over, collapse or be deformed, torn or crushed. They must not be stacked higher than the stacking line for the magazine.

  • Marginal note:Prohibited use of packages

    (2) Packages and containers of explosives must not be used as supports for conveyors or ramps.

  • Marginal note:Air circulation

    (3) There must be enough space between the stacks of explosives, the walls, the ceiling and the ventilation openings to permit air circulation.

  • Marginal note:Opening packages

    (4) Packages or containers that are made from wood or have metal fasteners or strapping must not be opened in a magazine. Other packages or containers may be opened in a magazine for inspection or to remove explosives, but they must be opened one at a time.

  • Marginal note:Opened packages

    (5) Any package or container of explosives that has been opened outside a magazine must be dry, clean and free of grit and other contamination before it is taken into the magazine.

Marginal note:Fire prevention

  •  (1) Precautions must be taken that minimize the likelihood of fire in or near a magazine.

  • Marginal note:No smoking

    (2) Smoking must be prohibited in a magazine.

  • Marginal note:Thunderstorms

    (3) On the approach of a thunderstorm, all people in a magazine must be immediately moved to a safe place and until the storm passes must not be permitted to return.

Marginal note:Prohibited activities

 The following activities must not be carried out inside a magazine unless the magazine licence authorizes them to be carried out there:

  • (a) packing or repacking Footnote *explosives;

  • (b) adding a detonator to, or inserting a detonator in, an explosive;

  • (c) assembling explosive components;

  • (d) uncoiling the leg wires of, or removing the shunt from, an electric detonator or an electric initiator;

  • (e) opening a package or container of explosives to expose an Footnote *explosive substance; or

  • (f) stripping, cutting or slitting the wrapping of an Footnote *explosive article to expose an explosive substance.

Marginal note:Unlocked magazine

  •  (1) A magazine must be Footnote *attended in person when it is unlocked.

  • Marginal note:Key control plan

    (2) A key control plan that includes the following requirements must be put in place for each magazine:

    • (a) every key to the magazine must be numbered;

    • (b) a person may have possession of a key to the magazine only if they are named in the plan;

    • (c) the number of people named in the plan must not exceed the number necessary for the operation of the magazine;

    • (d) each key must be kept in a locked and secure location when it is not in the possession of a person named in the plan; and

    • (e) in the case of an Footnote *industrial explosive or a type D explosive, the lock on the magazine must be of a type for which keys can be obtained only from the lock’s manufacturer or a certified locksmith designated by the manufacturer.

  • Marginal note:Change of circumstances

    (3) The plan must be updated to reflect any change in circumstances that could adversely affect the security of the magazine site.

  • Marginal note:Lost or stolen key

    (4) If a key is lost or stolen, the lock must be immediately replaced.

  • SOR/2016-75, s. 14

Marginal note:Fire safety plan

  •  (1) A copy of the fire safety plan included in the licence application must be sent to the local fire department and made available to employees.

  • Marginal note:Change of circumstances

    (2) The plan must be updated to reflect any change in circumstances that could adversely affect the safety of the site. A copy of the updated plan must be sent to the local fire department as soon as the circumstances permit.

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