Explosives Regulatory Update 2014 CPD CAA SESSION

Transcription

1 1 Explosives Regulatory Update 2014 CPD CAA SESSION

2 2 Contact Information Rod Boulay Regional Manager/Sr Inspector of Explosives Robson Street Vancouver, BC V6B 5J or

3 3 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

4 4 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exportation of explosives and the use of fireworks Explosives Regulations, 2013 (SOR/ ) Came into force 1 February 2014 Repealed: Explosives Regulations (C.R.C., c. 599) Restricted Components Regulations (SOR/ ) Ammonium Nitrate and Fuel Oil Order (C.R.C., c. 598) Kinepouch and Kinestik Explosives Order, 1981 (SI/83-32)

5 5 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

6 6 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)

7 7 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

8 8 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

9 9 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

10 10 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

11 11 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

12 12 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

13 13 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

14 14 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

15 15 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

16 16 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)

17 17 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

18 18 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

19 19 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

20 20 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

21 21 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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