Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part XII EXPLOSIVES
Section 146
146. This Part does not apply to an underground mine.
Blasting operation
Section 147 Control of Blasting Operation
- 147. (1) An employer shall ensure that a blasting operation is conducted by a blaster who holds an appropriate certificate of qualification issued under the Apprenticeship and Occupational Certification Act for the work involved.
- (1.1) Despite subsection (1), a blaster who does not hold an appropriate certificate of qualification issued under the Apprenticeship and Occupational Certification Act may conduct a specialized blasting operation if the employer ensures that the blaster is competent to do the work, and the employer shall maintain any record demonstrating the blaster’s competency for at least three years after the specialized blasting operation is completed.
- (2) Where more than one blaster is involved in a blasting operation, an employer shall designate one of the blasters to supervise the blasting operation.
[N.B. Reg. 93-8, s. 2; 2024-38, ss. 77, 78]
Section 148
- 148. (1) No person other than a blaster with the appropriate certificate of qualification shall conduct or supervise a blasting operation.
- (2) - (3) Repealed. [N.B. Reg. 2024-38, s. 79]
[N.B. Reg. 93-8, s. 3; 2024-38, s. 79]
Section 149
- 149. (1) A blaster who conducts a blasting operation or, where there is more than one blaster involved, the blaster who supervises the blasting operation, shall ensure the safety of all persons within and adjacent to the blasting area.
- (2) All persons within or adjacent to a blasting area shall comply with the directions or instructions given by the blaster responsible for ensuring the safety of persons within or adjacent to the blasting area.
[N.B. Reg. 93-8, s. 4]
Section 150
- 150. (1) A person who is not a blaster or a blaster who does not hold the appropriate certificate of qualification may assist in a blasting operation.
- (2) A blaster conducting or supervising a blasting operation shall exercise continuous visual supervision over a person or blaster referred to in subsection (1).
[N.B. Reg. 93-8, s. 5]
Section 150.1 Seismic blasting operation
- 150.1 (1) An employer shall ensure that only biodegradable electronic explosives are used in a seismic blasting operation.
- (2) If a seismic blasting operation is carried out in an isolated location, loaded holes may be left unattended only if a blaster has ensured that
- (a) the leg wires of the detonator are folded and shunted, the drill cuttings are spread out and levelled and the leg wires are coiled as close to the ground as possible while never exceeding 15 cm above the ground level, and
- (b) the holes are suitably identified, recorded in the blasting log and blasted within 30 days after they are loaded.
- (3) If a blaster can confirm complete detonation of explosives in a seismic blasting operation, the firing line may be left connected to the firing switch and dis‐ connected at the hole.
- (4) A misfired charge in a seismic blasting operation may be left unfired only if
- (a) the charge is in an isolated location at a depth sufficient to minimize the risk of injury to employees or other persons and cannot be conventionally and safely detonated, and
- (b) the location of the charge is effectively marked and the employer keeps a permanent record of the location.
[N.B. Reg. 2024-38, s. 80]
Section 151 General Safety
151. An employer shall ensure that
- (a) only an authorized employee has access to explosives,
- (b) no person carries explosives in clothing,
- (c) no smoking or open flame is permitted
- (i) within 30 m of any place where an explosive is stored, or
- (ii) within 15 m of any place where an explosive is being handled, used or transported, and
- (d) primed explosives are not transported, stored or handled inside a vehicle or near any electrical equipment.
Section 152
152. Where it is necessary to transport electrical detonators in a vehicle equipped with a radio transmitter, an employer shall ensure that
- (a) the detonators are transported in a package in accordance with the requirements set out in the Explosives Act (Canada) and the regulations under that Act,
- (b) the radio transmitter is switched off whenever the package is open or, if the circumstances do not permit the radio transmitter to be switched off, the radio transmitter meets the requirements established by the Institute of Makers of Explosives in its publication entitled "Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Commercial Electric Detonators (Blasting Caps)" (December 2011), as amended, and
- (c) the detonators are transported in their original packages with their leg wires folded and shunted, as shipped by the supplier.
[N.B. Reg. 2024-38, s. 81]
Section 153 Explosives and detonotators
- 153. (1) If explosives are unloaded from a transport vehicle and are to be used the same day, an employer shall ensure that blasting explosives and detonator products
- (a) are placed at least 50 m apart when possible, and
- (b) are locked in separate day boxes that are manufactured to be sufficient to protect a person from injury or are certified by an engineer as being sufficient to protect a person from injury.
- (2) Where blasting explosives or detonator products are to be stored overnight, an employer shall ensure that they are stored in accordance with the requirements of the Explosives Act (Canada).
[N.B. Reg. 2024-38, ss. 82, 83]
Section 154
154. An employer shall ensure that
- (a) no article or thing liable to ignite spontaneously or likely to cause an explosion or fire is taken into or stored within 8 m of a magazine used to keep or store explosives, and
- (b) tools and implements used to open containers of explosives are made only of non-sparking materials.
[N.B. Reg. 2024-38, s. 84]
Section 155
155. An employer and a blaster shall each ensure that a blasting machine is inspected at least annually by a competent person and that the blasting machine is maintained in good working condition.
[N.B. Reg. 2024-38, s. 85]
Section 155.1 Log book re blasting machine
155.1 An employer shall ensure that a log book recording inspections and repairs to a blasting machine is maintained and made available to an officer on request.
[N.B. Reg. 2024-38, s. 86]
Section 156 Handling
156. A blaster shall ensure that
- (a) blasting explosives and detonator products are kept and handled separately until the last practicable moment when the blaster primes the explosive;
- (b) no explosive is primed in any place where explosives are stored;
- (c) primed explosives are not slit or tamped;
- (d) the wrapping is not removed from nitroglycerine-based products;
- (e) Repealed. [N.B. Reg. 2024-38, s. 87]
- (f) Repealed. [N.B. Reg. 2024-38, s. 87]
- (g) time expired, deteriorated or damaged explosives are not used;
- (h) Repealed. [N.B. Reg. 2024-38, s. 87]
- (i) where there is any danger to property or persons from flyrock from a blast, blasting mats of adequate size and strength are used;
- (j) frozen explosives are used in accordance with the manufacturer's recommended procedure;
- (k) drill holes are of sufficient size to admit the free insertion to the bottom of the hole of the explosive to be used without ramming, pounding or undue pressure;
- (l) only tamping rods of wood or other non-metallic, non-sparking material are used;
- (m) drill holes are not tied in until the last practicable moment before firing and are fired in a single operation;
- (n) no drilling is done in a previously blasted area until the surface to be drilled is exposed and carefully examined for remnants of explosives or holes containing explosives; and
- (o) where remnants of explosives or holes containing explosives are found, the explosives are detonated or removed before drilling commences.
[N.B. Reg. 93-8, s. 6; 2024-38, s. 87]
Section 157
157. At the approach of an electrical storm and until the electrical storm has passed, a blaster shall ensure that
- (a) blasting operations cease,
- (b) if an electric means of initiation is being used, lead wires are short-circuited, and
- (c) all persons leave the danger area and no one enters the danger area.
[N.B. Reg. 93-8, s. 7]
Section 158
- 158. (1) An employer and a blaster shall each ensure that no drilling is done within a distance equal to one and one-half times the depth of the drill hole to any drill hole containing explosives and that notwithstanding the depth of the drill hole, a minimum distance of 6.5 m is maintained at all times.
- (2) Where, due to the nature of the ground being drilled, it is necessary to load a drill hole immediately after drilling is complete and subsequently to drill adjacent holes, an employer shall establish a code of practice detailing the procedure to be followed in such a situation to ensure employee safety.
[N.B. Reg. 93-8, s. 8]
Section 159
159. An employer and a blaster shall each ensure that loaded drill holes located in a blasting area are clearly identified and secured and are protected from the passage of machines or equipment over them.
[N.B. Reg. 93-8, s. 9; 2024-38, s. 88]
Section 160
- 160. (1) No person shall conduct or direct any work in a blasting area without the approval of the blaster conducting the blasting operation or, where there is more than one blaster involved, the blaster supervising the blasting operation.
- (2) Except for the tools and equipment used by a person who has obtained the approval required under subsection (1), a blaster shall ensure that only tools and equipment necessary to the blasting operation are brought into a blasting area.
[N.B. Reg. 93-8, s. 10]
Section 161
161. An employer shall ensure that no person other than a blaster who holds the appropriate certificate of qualification or a person referred to in subsection 150(1) fires a charge.
[N.B. Reg. 93-8, s. 11; 2024-38, s. 89]
Section 162
162. No person other than a blaster with the appropriate certificate of qualification or a person referred to in subsection 150(1) shall
- (a) prime an explosive,
- (b) make any connection that leads or will lead from the primed charge to an initiating device,
- (c) connect any delay or sequencing device or program the delay or sequence for the blast, or
- (d) fire a charge.
[N.B. Reg. 93-8, s. 12; 2024-38, s. 90]
Section 163 Before Firing
163. Before firing a charge, a blaster shall ensure that electric detonators are
- (a) tested for continuity with a blasting meter before being used,
- (a.1) tested in accordance with the manufacturer’s specifications, and
- (b) shunted or short-circuited after being tested until they are connected in circuits.
[N.B. Reg. 93-8, s. 13; 2024-38, s. 91]
Section 164
164. Before connecting an electric blasting circuit to the lead wires and before connecting the lead wires to the power source, a blaster shall ensure that the electric blasting circuit is tested with a blasting meter for continuity and resistance as calculated.
Section 165
165. Before making the final connection of lead wires to the power source when using an electric initiation of blasting or before firing when using any other initiation method, a blaster conducting the firing of a charge shall ensure that
- (a) an audible warning of a minimum of 120 dB at source lasting at least 30 seconds is given to all persons in the danger area,
- (b) all persons have moved out of the danger area,
- (c) all roads and approaches to the danger area are guarded in order to prevent anyone from entering, and
- (d) all machines and equipment are clear of the effects of the blast.
[N.B. Reg. 93-8, s. 15; 2024-38, s. 92]
Section 166
- 166. (1) Where an electric initiation of blasting is used, a blaster shall ensure that
- (a) only a blasting machine or a safety switch box referred to in subsection (2) is used, and
- (b) the blasting machine does not exceed the manufacturer's rated capacity.
- (2) Where firing of a charge is done from power lines, an employer shall ensure that a safety switch box
- (a) is provided to the blaster and is constructed so that the door may be closed and locked only in the "OFF" position, and
- (b) is kept locked and is not accessible to anyone other than the blaster responsible for firing the charge.
[N.B. Reg. 93-8, s. 16]
Section 167
- 167. (1) In this section
- "extraneous electricity" means unwanted electrical energy greater than 50 mA that is present at a blasting area and that may enter an electric blasting circuit, and includes stray electrical current, static electricity, radio frequency energy and time-varying electric and magnetic fields.
- (2) Where an electric initiation of blasting is used, a blaster shall ensure that electric blasting circuits are kept on the ground, except that bare connections may be elevated to prevent current leakage.
- (3) A blaster shall ensure that electric initiation of blasting is not used
- (a) where there is a danger from extraneous electricity, or
- (b) when blasting within 100 m of electric power lines, unless the manufacturer’s specifications indicate that it is safe to do so.
[N.B. Reg. 93-8, s. 17; 2024-38, s. 93]
Section 168
168. An employer and a blaster shall each ensure that electric initiation of blasting is not carried out at a distance from any transmitter less than the minimum distances established by the Institute of Makers of Explosives in its publication entitled "Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Commercial Electric Detonators (Blasting Caps)" (December 2011), as amended.
[N.B. Reg. 93-8, s. 18; 2024-38, s. 94]
Section 169 After Firing
- 169. (1) A blaster who fires a charge shall ensure that no person other than the blaster enters a danger area where the charge has been fired until the blaster makes a thorough inspection of the site after the charge has been fired and approves the danger area as safe.
- (2) A blaster who fires a charge by an electric means of initiation shall ensure that no person enters a danger area where the charge has been fired until the blaster disconnects the lead wires from the power source, short-circuits the leads and, where applicable, locks the safety switch box.
- (3) Notwithstanding subsection (1), a blaster may be accompanied by an assistant when making an inspection under subsection (1).
[N.B. Reg. 93-8, s. 19]
Section 170 Misfires
- 170. (1) If a charge has misfired or is suspected of having misfired, the blaster who fired the charge shall remain outside the danger area until 15 minutes after the last charge was due to explode.
- (2) On expiration of the time referred to in subsection (1), the blaster who fired the charge shall enter the danger area, make a thorough inspection of the site and approach the misfired or suspected misfired charge to assess the situation or potential hazard.
- (3) Where no misfired charge is found, the blaster who fired the charge may approve the danger area as safe and shall cause an all clear signal of a minimum of 120 dB at source to be sounded.
- (4) Where one or more misfired charges are found, the blaster who fired the charge
- (a) shall readjust the danger area boundary if required,
- (b) shall inform the employer of the situation,
- (c) shall conspicuously mark all misfired charges, and
- (d) notwithstanding subsection 169(1), may allow sufficient personnel to enter the danger area to assist in treating the misfire.
[N.B. Reg. 93-8, s. 20; 2024-38, s. 95]
Section 171
- 171. (1) An employer shall establish a code of practice for the safe handling of misfired charges and shall have the code of practice available for inspection by an officer.
- (2) A blaster shall follow the code of practice referred to in subsection (1).
[N.B. Reg. 93-8, s. 21]
Section 172
172. An employer shall, as far as practicable, ensure that the cause of a misfired charge is established and that corrective action is taken to prevent recurrence.
Section 173 Records
- 173. (1) A blaster who conducts or supervises a blast shall maintain a log book recording the following:
- (a) before the blast:
- (i) job location;
- (ii) names of blaster and assistants;
- (iii) diagram of blasting pattern and sequence of firing;
- (iv) type and the amount of blasting explosives and detonators;
- (v) number, depth and placement of charges in each hole;
- (vi) resistance calculations for each series and circuit when using an electric means of initiation;
- (vii) precautions taken to control fly rock, air blast and ground vibrations;
- (viii) placement of persons to guard the danger area; and
- (ix) reason for any delay in blasting; and
- (b) after the blast:
- (i) date and time of blast;
- (ii) weather conditions at time of blast; and
- (iii) results of post-blast examination for misfires and other dangers, and in the case of a seismic blasting operation, results of post-blast examination for vibration and peak noise levels.
- (a) before the blast:
- (2) A blaster shall keep a log book referred to in subsection (1) for three years after the last blast recorded in the log book and shall make the log book available for inspection by an officer.
- (3) A blaster shall provide a copy of the log book to the employer who shall keep the log book for at least three years after the last blast recorded in the log book and shall ensure it is made available to an officer on request.
[N.B. Reg. 93-8, s. 22; 97-121, s. 27; 2024-38, s. 96]
Section 174
174. A blaster who conducts, supervises or participates in a blasting operation shall keep the certificate of qualification referred to in subsection 147(1) in a safe place at the place of employment and make it available for inspection by an officer.
[N.B. Reg. 93-8, s. 23]
Section 174.1 Production of training records
174.1 A blaster who conducts, supervises or participates in a specialized blasting operation shall keep their training records in specialized blasting operations in a safe place at the place of employment and make it available to an officer on request.
[N.B. Reg. 2024-38, s. 97]
Section 174.2 Log book
- 174.2 (1) An employer shall ensure that the employee in charge of drilling maintains a log book recording the number of drilled holes, the depth of the drill holes and any anomalies to the drill holes.
(2) An employer shall ensure that the log book is made available to an officer on request.
[N.B. Reg. 2024-38, s. 97]
175. Repealed. [N.B. Reg. 2024-38, ss. 98, 99]
Section 176 Warning Signs
- 176. (1) Where a blasting operation by an electric means of initiation is about to commence and while it is in progress, an employer shall ensure that signs bearing the words "Blasting Operations - Turn Off Radio Transmitters" and "Opérations de sautage - éteindre les émetteurs radio" in letters of luminous paint not less than 150 mm high on a contrasting background are posted on all roads within 100 m of the blasting area.
- (2) An employer shall ensure that signs bearing the words "End of Blasting" and "Fin de sautage" indicate to drivers of vehicles when they are leaving the area referred to in subsection (1).
- (3) An employer shall ensure that the signs described in subsections (1) and (2) are removed or covered after each blast is completed.
Section 177 Explosives
- 177. (1) An employer shall ensure that empty explosives cartons and wrappings are
- (a) collected from the site before blasting, and
- (b) disposed of after the blast is completed.
- (2) An employer shall ensure that time-expired, surplus or damaged explosives are disposed of in accordance with the Explosives Act (Canada).
[N.B. Reg. 93-8, s. 24; 2024-38, ss. 100, 101]
Section 178
178. An employer shall ensure that
- (a) blasting mats are used where there may be a hazard to persons or property from flying debris, and
- (b) loose rocks are scaled off the sides of excavations and removed from the crest after blasting and before any work is resumed.
Section 179 Code of Practice
179. An employer shall establish a code of practice with respect to
- (a) the use of black powder,
- (b) the handling and disposal of time-expired, deteriorated or damaged explosives,
- (c) specialized blasting operations, and
- (d) any use of explosives that the Chief Compliance Officer determines to be unusual.
[N.B. Reg. 2024-38, s. 102]