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Explosives Regulatory Update

2014 CPD CAA SESSION

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Contact Information

Rod Boulay

Regional Manager/Sr Inspector of Explosives

1500-605 Robson Street

Vancouver, BC V6B 5J3

604-666-0366

Rod.Boulay@nrcan.gc.ca or ERDPacific@nrcan.gc.ca

www.explosives.nrcan.gc.ca

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Overview

Federal Regulatory Framework for explosives as

of 1 February 2014

ER, 2013 for Industrial Explosives

What came into force on 1 February 2014

Coming into force on 1 February 2015

Coming into force on 1 February 2016

Magazine and QD Standards

General Observations

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Federal Regulatory Framework

Since 1 February 2014

Explosives Act (R.S.C., 1985, c. E-17)

An Act respecting the manufacture, testing, acquisition,

possession, sale, storage, transportation, importation and

exportation of explosives and the use of fireworks

Explosives Regulations, 2013 (SOR/2013-211)

Came into force 1 February 2014

Repealed:

Explosives Regulations (C.R.C., c. 599)

Restricted Components Regulations (SOR/2008-47)

Ammonium Nitrate and Fuel Oil Order (C.R.C., c. 598)

Kinepouch and Kinestik Explosives Order, 1981 (SI/83-32)

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Explosives Regulations, 2013 (ER,

2013) Update

Regulations came-into-force February 1st, 2014

NRCan is working with Associations and

stakeholders to facilitate the implementation of

the modernized Regulations

NRCan will ensure a continued engagement

with stakeholders as future issues emerge

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ER, 2013 – Implementation

February 1st, 2014 New Forms were published

Main new provisions for vendors and users of industrial explosives are: Security Plan

Fire Safety Plan

Key Control Plan

Security Screening (not in force yet)

Tracking of vehicle transporting over 2000 kg of explosives or 1000 detonators (not in force yet)

In-transit and Export Permits (not in force yet)

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Site Security Plan

A security plan must be prepared and submitted

for every licence, certificate or permit with Type

E (blasting), I (initiating systems) or D (military

and law enforcement) explosives

Security plan is to include:

An assessment of security risks

A description of measures that will be taken

A procedure for responding to incidents

A procedure for reporting incidents

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Fire Safety Plan

A fire safety plan must be prepared and

submitted with an application for a magazine

licence and sent to the local fire department

A Fire Safety Plan is to include:

Measures to be taken to minimize likelihood of fire

Emergency Procedures to follow

Circumstances in which a fire should or should not be fought

Measures taken to train employees

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Key Control Plan

A key control plan must be prepared for every

magazine licence

A Key Control Plan is to include:

Every key must be numbered

Persons possessing keys must be named in the plan

High security locks required

Keys must be kept secured

Lock to be replaced if keys lost or stolen

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Safety Plans Implementation

Guidelines prepared to assist licensees

Site Security Plan Guideline (G05-04)

Fire Safety Plan Guideline (G06-07)

Key Control Plan Guideline (G06-06)

Implementation is going well

Submissions generally good (most follow the

guidelines and examples)

Inspectors will ask for and review plans during

inspections to ensure compliance

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ER, 2013 – Future coming-into-force

Security screening

February 1st, 2015

Vendors – Magazine licences

Factory licences

February 1st, 2016

Users – Magazine licences

In-transit & Export permits

February 1st, 2015

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ER, 2013 – Part 8 (Screening)

Strengthening security related to federal licence/permit/certificate holders for high hazard explosives Type E (blasting),

Type I (initiation systems)

Type D (military/law enforcement)

An approval letter or equivalent document is required by every employee, director or contractor who: Has access to a high hazard explosive

Permits others to have access

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ER, 2013 – Part 8 (Screening)

Applicants who do not meet the screening requirements may continue to work under direct supervision of another screened employee

Equivalent screening documents recognized: Firearms Possession and Acquisition Licence (PAL)

issued under the Firearms Act

Permis Général issued under the Province of Québec’s Explosives Act

FAST (Free and Secure Trade card) issued by CBSA

NEXUS (pre-approved border clearances) issued by CBSA

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ER, 2013 – Part 8 (Screening)

Process to Obtain Approval Letter

Criminal Record Check (Canadian Police Information

Center (CPIC) database)

Local law enforcement agency

Must be less than 12 months old.

Completion of Screening – Application for Approval

Letter (Form 08-01)

Submit the completed application to the ERD National

Office in Ottawa

Guideline G08-02 – Applying for an Approval Letter

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ER, 2013 – Part 8 (Screening)

Refusal to Issue an Approval Letter ER, 2013, Part 8, section 183 (2)

Within the past five years, the applicant has been convicted of a violent crime or an order prohibiting the possession of explosives

Violent Crimes Conviction involving explosives (Explosives Act, Quebec’s

Act respecting Explosives, Criminal Code)

Murder/Attempted Murder (CC s. 235 & S239)

An indictable offence in the commission of which violence against another person was used, threatened or attempted

Criminal Harassment

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ER, 2013 – In-Transit & Export

Part 4 (Import, Export and In-Transit Movement):

Old regulations only required a permit for importing

explosives.

Section 9 of the Explosives Act (as amended by Section

40 of the Public Safety Act, 2002) requires permits for

export and transit as well, so this Part adds the

requirement for permits for exporting and transiting

explosives, in addition to those for import permits

Transport in-transit: a shipment that originates from outside

Canada, continues through Canada, for export to another

country (no storage in Canada and does not enter Canadian

economy)

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…ER, 2013 – In-Transit & Export

Application for Export or In-Transit permit

Single use or Annual permit

A copy of a permit, or other proof, establishing that each

explosive may lawfully transit any country through which it

will be transported, and enter the country of destination

For an in-transit permit, the applicant must provide a

secure storage location in case of emergency

Requires providing information regarding exported

and transited explosives to the Chief Inspector of

Explosives, in addition to information about imports

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Magazine Standard

Timetable

Committee work / October, 2013 – Aug, 2014

Linguistic Review / Aug - Oct, 2014

Public Enquiry / Nov – Dec, 2014

Review of the comments received / Jan - Feb, 2015

Linguistic Review / March - May, 2015

Committee ballot / 30 days

Approval and publication / July - Sept, 2015

Regulatory process required

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Quantity-Distance Standard

Timetable

Standard’s development / October, 2013 – May, 2014

Linguistic Review / May - June, 2014

Public Enquiry / from June – Sept, 2014

Review of the comments received / Sept - Nov, 2014

Linguistic Review / November - January, 2015

Committee ballot / 30 days

Approval and publication / March - May, 2015

Regulatory process required

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General Observations

Magazine Licence Application - Magazine and Site Description Section (Form F06-01) Required Distance for the quantity of explosives to be stored as

per the QD Table (minimum separation required for approval)

Actual Distance correspond to the existing distance between your magazine and an exposed site.

Inventory of product Full cases/bags/rolls

Once a box is open: Stick count

Write remaining quantity on the box (fraction tag)

Partial ANFO Bags and Rolls: ¼, ½, ¾

Do a monthly inventory verification

Keep a master inventory in addition to the ones in the magazines

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General Observations

Keep the magazine surrounding free of dry

grass, combustible materials and dead trees

Keep magazines and signage invisible from

publically travelled road (vehicular traffic),

including Forest Service Roads.

Keep Surveillance Record up-to-date

Let the Regional Office know when your

magazines are empty

Recent break-in in a remote location

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Questions?