# Chapter 3: Legal and Jurisdictional Requirements ## Learning Objectives - Identify legal requirements regarding possession, use, handling, storage, and disposal of explosives as per laws, regulations, and bylaws. - Identify key sections of the Criminal Code with respect to penalties for negligence and improper possession of explosives. - Describe the purpose of the Explosives Act and Explosives Regulations. - Identify key sections of the Explosives Act with respect to penalties for trespassing in or around explosives magazines, abandoning explosives, and other illegal acts. - Discuss federal and provincial laws and regulations for transporting dangerous goods. - Describe the power of provincial authorities, laws, and regulations related to explosives, mining operations, and other blasting operations. - Explain the relationship between civil law and personal injury and/or damage to property caused by explosives. - Explain the principle of strict liability. --- ## Overview A blaster is expected to know and comply with all legal requirements governing the possession, storage, transportation, handling, use, and disposal of explosives. These requirements are detailed in laws, regulations, and bylaws. Explosives fall under several jurisdictions, and some legal requirements may overlap. Complying with one requirement doesn't relieve a person from the obligation to comply with other requirements. And it's crucial to stay current with any changes in these requirements. --- ## Legal Requirements Governing Explosives The federal, provincial, local, and civil legal requirements that govern explosives and blasting in British Columbia are as follows. ### Federal Laws and Regulations #### Criminal Code The Criminal Code is primarily concerned with criminal activities. The Code sets out severe penalties for negligence and improper possession of explosives. Key sections of the Code that may affect the blaster of record include the following: - **Section 79:** "Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance." - **Section 82(1):** "Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of: - (a) an indictable offence and liable to imprisonment for a term of not more than five years; or - (b) an offence punishable on summary conviction." #### Explosives Act and Regulations The Explosives Act and the Explosives Regulations govern the classification, importation, manufacture, possession, sale, storage, and transportation of explosives. - **Section 18** of the Explosives Act prohibits trespassing in or about an explosives magazine. - **Section 20** sets out severe penalties for anyone who abandons explosives or who causes a fire or explosion in or near a magazine or a vehicle that carries explosives. The Explosives Act, Explosives Regulations, and Magazine Standards are administered by the Explosives Regulatory Division (ERD) of Natural Resources Canada. Reports of theft, or questions about the Explosives Act and Regulations, should be directed to the local ERD branch office. Up-to-date information on the Explosives Act and Regulations can be found on Natural Resources Canada's Explosives Regulations webpage. ##### Screening Requirements Part 8 of the Explosives Regulations sets out the screening requirements for people who have access to high hazard explosives. - **Division 1** sets out the requirements for people who intend to manufacture, store, transport, import, or export high hazard explosives. - **Division 2** sets out the duties of authorized persons to control access to high hazard explosives. It also sets out the requirements for obtaining letters of approval. ##### What is a High Hazard Explosive? Part 8 of the Explosives Regulations states that the term "high hazard explosive" refers to: - Military explosives or law enforcement explosives (type D) - High explosives (type E) - Initiation systems (type I) #### Transportation of Dangerous Goods Act and Regulations The federal Transportation of Dangerous Goods Act regulates the transportation of dangerous goods, including explosives, by air, sea, rail, and road. The Act also governs the Canadian government's response to security incidents involving dangerous goods. The Transportation of Dangerous Goods Regulations set out the safety requirements for transporting dangerous goods. For more information on transporting explosives, see Chapter 8, "Transportation of explosives." --- ### Provincial Laws and Regulations #### Motor Vehicle Act and Regulations British Columbia's Motor Vehicle Act and Regulations apply to all motor vehicles operating on public highways in the province. Section 206 of the Act requires that any vehicle transporting explosives "must be equipped with not less than 2 fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle." #### Mines Act and Health, Safety and Reclamation Code The Mines Act and the Health, Safety and Reclamation Code for Mines in British Columbia govern the certification of blasters and the storage, transportation, and use of explosives on mining property in the province. WorkSafeBC does not have jurisdiction over mines. For information on blasting certification to work in B.C. mines, visit the Certifications page of the Ministry of Energy, Mines and Low Carbon Innovation. #### Workers Compensation Act and Occupational Health and Safety Regulation The Workers Compensation Act and the Occupational Health and Safety Regulation govern the certification of blasters and the handling, storage, transportation, and use of explosives within the inspectional jurisdiction of WorkSafeBC. WorkSafeBC administers the Act for the provincial government. WorkSafeBC also sets and enforces the Regulation. **Part 21** of the Regulation sets out requirements specific to blasting operations. In addition to the requirements noted above, Part 21 covers the following: - General requirements (e.g., dangerous incident reports, blasting logs, and authority to blast) - Drilling - Loading - Initiation systems - Returning to the blast site - Misfire procedures - Specialized blasting operations Other parts of the Regulation and the Act cover the following: - Core requirements that apply to all workplaces (e.g., rights and responsibilities, building and equipment safety, emergency preparedness, and ergonomics) - General requirements for higher-hazard operations (e.g., chemical safety, confined space entry procedures, guarding of machinery, and the use of mobile equipment) - Requirements specific to other industries or activities --- ### Local Requirements Some municipalities and districts in B.C. have bylaws and regulations that govern the handling, storage, transportation, and use of explosives within their jurisdiction. To obtain a permit required by some local governments, proof of blasting experience and insurance coverage is often needed. In some cases, pre-inspection of buildings is required. --- ### Civil Law Civil law governs the relationship between individuals. Any personal injury or damage to property caused by explosives may result in a civil suit against the persons responsible, including the blaster of record. A fundamental principle of civil law is **duty of care**. The persons responsible for explosives must take all reasonable precautions for the prevention of personal injury or damage to property. Precautions would include adequate guarding and control of flying material (e.g., fly rock). Where explosives are involved, the principle of **strict liability** may be applied. This means that in case of injuries or property damage caused by explosives in blasting operations, the blaster of record may be held liable to a greater degree than other workers or the employer.