Addressing 280 Regulatory Irritants in the Explosives Industry
On May 3, 2024, the Canadian government issued the Regulations Amending the Explosives Regulations, 2013 (SOR/2024-77), aimed at modernizing the regulatory framework for explosives. These amendments, arising from a comprehensive review conducted by Natural Resources Canada (NRCan), address evolving safety and security needs within the explosives sector, which has significantly changed since the last major update nearly a decade ago.
The revised regulations are organized into 20 parts, covering various aspects of explosives management. Notable changes include the addition of a definition for “misfire,” clarifying the failure of explosives to detonate, and the inclusion of UN 3375 (Ammonium Nitrate Emulsion) in the definition of “explosive,” aligning with contemporary safety and operational practices. Additionally, a new classification, Type F.5, for low-risk fireworks has been introduced, facilitating the safe use of novelty devices like sparklers and toy pistol caps for individuals aged 16 and older, thereby streamlining requirements for users and manufacturers.
The amendments also reflect a more lenient approach to youth engagement in historical activities, allowing individuals under 18 to possess small arms cartridges and black powder cartouches for sanctioned demonstrations. Furthermore, transportation requirements for explosives have been simplified; for example, vehicles containing explosives must now adhere to more straightforward safety measures, such as using electronic means for monitoring when unattended.
Moreover, the criteria for issuing licenses, permits, and certificates have been refined, allowing the Minister of Natural Resources to refuse or cancel licenses based on safety or security risks. Applicants can request a review if their applications are denied. The minimum working age in Division 1 and 2 factories, as well as for manufacturing explosives, has been increased from 17 to 18 years to enhance workplace safety. Stricter regulations for the mixing of reactive targets have also been introduced, requiring users to hold proper licenses and follow specific instructions to ensure safety during use.
The rationale for these changes stems from recognizing that existing regulations do not adequately reflect the current risk profile associated with various explosives, particularly low-risk items. The review collected over 280 regulatory irritants from stakeholders and identified five overarching themes, emphasizing the need for modernization, simplification, and alignment with international best practices.
By improving the safety protocols, reducing administrative burdens, and updating licensing processes, these amendments aim to create a more efficient and effective regulatory framework. The changes address contemporary safety and security risks while positioning Canada’s explosives regulations in line with best practices, ultimately fostering a safer environment for industry stakeholders and the general public alike.
Canada (SOR/2024-77) May 22, 2024