Explosives Regulations, 2013 ( SOR /2013-211)
142 A government or law enforcement agency (for example, a police explosives disposal unit) may break up, unmake or destroy an explosive if it does so in the course of its duties.
PART 6 Magazine Licences and Storage in a Licensed Magazine
Marginal note: Overview
143 This Part sets out how to obtain a vendor magazine licence, a user magazine licence or a user magazine zone licence. It also sets out the rules applicable to holders of these licences.
Marginal note: Definitions
144 The following definitions apply in this Part.
means an establishment where explosives are stored for sale to distributors or retailers, whether or not the explosives are sold to users. ( établissement de distribution )
means the area, including any building or structure, that is used in connection with the storage of explosives in a magazine. ( site de poudrière )
means an establishment where explosives are stored for sale that is not a distribution establishment. ( établissement de vente au détail )
means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of explosives by a person who has acquired them for use or conveyance. ( licence de poudriére (utilisateur) )
means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and authorizes the storage of type E or I explosives by a person who has acquired them for use. It also authorizes the holder to move the storage of explosives from one site to another. ( licence de poudrière (utilisateur-zone) )
means a licence that is issued under paragraph 7(1)(a) of the Explosives Act and that authorizes the storage of explosives by a person who has acquired them for sale or for sale and use. ( licence de poudrière (vendeur) )
Application
Marginal note: Application for magazine licence
- 145 (1) An applicant for a magazine licence must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must state whether a vendor magazine licence, a user magazine licence or a user magazine zone licence is requested and must include the following information:
- (a) the name, address, telephone number and email address of both the applicant and a contact person;
- (b) the address and geographical coordinates of the magazine site;
- (c) the number of magazines for which the licence is requested;
- (d) the quantity of each type of explosive to be stored in each magazine;
- (e) if the application is for a vendor magazine licence, an indication of whether the site will be a retail establishment or a distribution establishment; and
- (f) if the site will be a distribution establishment, an indication of whether explosives will be repackaged there.
- (a) a plan of the magazine site that shows
- (i) the location of each magazine and each vulnerable place at the site as well as the location of each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site, and
- (ii) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site; and
- (a) a description of the proposed use of the site and the proposed use of each building and structure at the site;
- (b) the distance in metres between each magazine and any potential source of ignition at the site;
- (c) the distance in metres between each magazine at the site, between each magazine and each vulnerable place at the site as well as between each magazine at the site and each vulnerable place outside the site that is exposed to the hazards (for example, debris or blast effect) that could result from ignition of the explosives to be stored at the site;
- (d) the minimum distance in metres that must be maintained between each magazine at the site and each 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;
- (e) a description of the safety and security features of the site (for example, signs, alarm systems, barriers, fencing and berms); and
- (f) for each magazine at the site,
- (i) the tag number, if any, issued by the Explosives Regulatory Division, Department of Natural Resources,
- (ii) the applicable magazine type number, as set out in the National Standard of Canada Standard CAN/BNQ 2910–500/2015 entitled Explosives — Magazines for Industrial Explosives , as amended from time to time or, if the magazine does not correspond to any of those types, its specifications, including its construction materials and its safety and security features, and
- (iii) its internal dimensions (length, width and height) in metres to the nearest 0.1 m.
- (a) the measures to be taken to minimize the likelihood of a fire at the site and to control the spread of any fire;
- (b) the emergency procedures to be followed in case of a fire, including
- (i) activation of the alarms,
- (ii) notification of the fire department, and
- (iii) evacuation procedures, including evacuation routes and safe assembly places;
- (a) an assessment of the security risks resulting from the presence of explosives at the site;
- (b) a description of the measures to be taken to minimize those risks;
- (c) a description of the procedures to be followed in response to security incidents; and
- (d) a description of the procedures to be followed to report security incidents.
- SOR/2016-75, ss. 40, 41
- SOR/2022-121, s. 4
- SOR/2024-77, s. 37
Requirements for Holders of Magazine Licences
Marginal note: Responsibilities of licence holder
146 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
- 147 (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 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 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
- SOR/2022-121, s. 4
Marginal note: Structural requirements
148 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 explosives that are classified as hazard category PE 1 must also be bullet-resistant, unless the magazine licence specifies otherwise.
Marginal note: Authorized storage
- 149 (1) An 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.