PART 9Transporting Explosives (continued)
Transporting Explosives in a Means of Transport Other Than a Vehicle (continued)
Marginal note:Confirmation — shipper
Marginal note:Confirmation — carrier
(2) A carrier must not load explosives into a means of transport other than 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:Transportation by vessel
(a) the quantity of explosives does not exceed 20 000 kg and the explosives are loaded or unloaded by driving a single vehicle directly aboard a roll-on, roll-off cargo vessel immediately before departing, or driving it ashore immediately after arrival, on a last-on, first-off basis; or
(b) a quantified risk assessment that meets the requirements of subsection (5) has been conducted on the wharf or port facility where explosives of the types in question will be loaded or unloaded and an inspector has determined that the quantity of explosives to be loaded or unloaded does not exceed the maximum quantity permitted for each type of explosive and hazard category in the assessment report and the safety measures set out in the report are complied with.
Marginal note: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.
Marginal note:Maximum waiting time
(3) If explosives are loaded or unloaded under paragraph (1)(a), the maximum waiting time of the vehicle dockside is 30 minutes and during that time the vehicle must be parked as far as possible from all areas used by the general public or for the handling or storage of other cargo.
(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.
Marginal note:Quantified risk assessment — requirements
(5) The quantified risk assessment must meet the following requirements:
(a) its methodology must be approved by the Chief Inspector of Explosives;
(c) it must establish safety measures, including quantity limits, for loading and unloading the types of explosives in question, taking into account the hazard categories of the explosives;
(d) the safety measures must ensure that the risk of harm to people and property resulting from loading or unloading the explosives does not increase the risk to people who are not involved in loading or unloading the explosives or the risk to property; and
(e) the safety measures must be set out in a report that has been approved by an inspector.
Marginal note: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
(a) the types of explosives that will be loaded or unloaded and the quantity of each type;
(b) the hazard categories of the explosives;
(c) the structure of the vessel onto which the explosives will be loaded or from which they will be unloaded;
(d) the distance between the explosives and people likely to be in the vicinity;
(e) the characteristics, proximity and use of the surrounding structures and infrastructure; and
(f) the activities that are likely to be carried out in the vicinity.
Marginal note: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).
- SOR/2018-231, s. 27
PART 10Military Explosives and Law Enforcement Explosives
204 This Part authorizes the acquisition, storage and sale of military explosives (type D) and law enforcement explosives (type D) and sets out the rules for sellers and users.
205 The following definitions apply in this Part.
- law enforcement agency
law enforcement agency means a police force, the Correctional Service of Canada or the Canada Border Services Agency. (organisme d’application de la loi)
licence means a licence that authorizes the storage of the military explosives or law enforcement explosives to be sold or acquired. (licence)
user means a person, or a law enforcement agency, that acquires military explosives or law enforcement explosives for use. (utilisateur)
- SOR/2016-75, s. 23
Rules for Sellers
Marginal note:Acquisition for sale
206 A seller may acquire, store and sell military explosives or law enforcement explosives if they hold a licence. A seller who acquires military explosives or law enforcement explosives must comply with this Part.
Marginal note:No display for sale
(2) A seller must not display military explosives or law enforcement explosives for sale.
Marginal note:Sale — licensed buyer
Marginal note:Maximum quantity
(2) A seller must not sell more military explosives or law enforcement explosives to a buyer than the buyer is authorized by their licence to store.
Marginal note:Sale — certain entities
(3) Despite subsection (1), a seller may sell the following explosives to the following buyers even if the buyer is unlicensed:
(a) military explosives and law enforcement explosives to the Department of National Defence and to any armed forces cooperating with the Canadian Forces; and
(b) military explosives, hazard category PE 3 or PE 4, and law enforcement explosives, hazard category PE 3 or PE 4, to a police force operating in Canada.
Marginal note:Record of sale
209 A seller must keep a record of every sale of military explosives or law enforcement explosives in a secure location for two years after the date of the sale. The record must include the following information:
(a) the name and address of the individual who bought the explosives and, if applicable, the name of the entity for which the explosives were acquired;
(b) in the case of a licensed buyer, the licence number and expiry date;
(d) the quantity of explosives sold under each product name; and
(e) the date of the sale.
- SOR/2016-75, s. 39
- SOR/2018-231, ss. 44(F), 45(E)
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