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Part II .

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Underground Mining Regulations

made under

Section 82 of the

Occupational Health and Safety Act

S.N.S. 1996, c. 7

O.I.C. 2008-306 (effective August 1, 2008), N.S. Reg. 296/2008

amended to O.I.C. 2022-72 (effective June 13, 2022), N.S. Reg. 45/2022

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Part 1 -

Interpretation and Application

Citation

Definitions for these regulations

Application of these regulations

Inconsistencies with other regulations

Required adoption of regulations

Compliance with standards incorporated by reference

Duties of parties

Part 2 - Notice, Document and Filing Requirements

Documents to be dated and signed

Contact and location to be included in documents

Documents part of program under the Act

Documents and approvals to be kept and made available

Revisions to documents filed and latest version used

Required revision to document

No false or misleading entries on documents

Content of inspection and examination records

Signature of employee in more than 1 job capacity

Form of documents

Notice period decreased or waived

Record and review of test and calibration

Documents on personal health of employee

Plans

Review of records by Director or financial expert

Director may require more information

Notice and provision of document to committee or representative

Consultation with committee or representative on written procedure or instructions

Committee or representative to review documents annually

Committee at subsea coal mine

Review of documents by committee at subsea coal mine

Right to appeal at subsea coal mine

Procedures and certifications adequate, signed and trained for

Activities to be carried out in accordance with documents

Report of occurrence

Investigation of reported occurrence

Filing of documents on initial development and shutdown of mine

Approvals required for subsea coal mine

Documents to be certified by engineer

Report on proposed initial development or construction of mine, or re-entry into mine

Report to committee on proposed significant change or experimental activity

Report on shutdown, closure or abandonment of mine

Report on shaft sinking or deepening

Report on the installation or major alteration of mine hoisting plant

Report on installation of fuel systems

Report on construction of barrier, dam, bulkhead or stopping or sealing off abandoned areas

Report on construction of battery charging station

Report on transporting persons for first time

Report on designation of area as non-explosion risk zone

Report on use of equipment that is not intrinsically safe or not flameproof

Report on minimum safe distance between primary or auxiliary access and any working

Coal mine business plan and feasibility study

Update required for obsolete or outdated portions of documents

Mine plan

Electrical installations plan

Ground control procedure

Ventilation plan

Requirement for document estimating rate of flammable gas

Mechanical equipment installations plan

Plans of sections and meeting stations in coal mine

File plans once a year

Filing fees and refunds

Waiver or reduction of filing fee

Penalty for non-payment of fee

Review of documents and notice of costs

Part 3 - General Safety Requirements and Work Procedures

Designation by mine manager to position

Designation in writing

Designation of mine manager and alternate

Duties of mine manager

Designation of underground manager at coal mine

Designation and numbers of supervisors

Designation of mine workers

Designations for mine hoisting plant

Designation of mine rescue workers and mine rescue team captain

Designation of mine rescue trainer

Designation of mine examiner at coal mine

Designation of mine surveyor in coal mine

Designation of electricians and mechanics at coal mine

More than 1 designation held by person

Verifying systems, procedures, equipment and installations

Monitors and meters

Controlled access to and from mine

Recording and identification of all persons underground

Washing and changing facilities (wash house or mine dry)

Communication procedure

Use of radio frequencies

Underground illumination

Cap lamps provided while underground

Cap lamp specifications

Procedure for cap lamps

Self-rescuers

Procedure for assessing and maintaining self-rescuers and self-contained breathing apparatuses

Quantitative fit testing of self-contained respiratory protective equipment

Maximum hours of work underground

Incentive bonus plans at coal mine

Contact with person working alone underground

Communication system

Primary access and auxiliary access to underground

Signs indicating direction to accesses, stations, hydrants, extinguishers and caches

Design of opening to surface

Minimum dimensions of travelway

Minimum means of access within underground

Means of access within underground at mine

Transporting employees close to work location

Landing platforms

Shaft with ladder and skip

Warning signs at shafts

Passing beyond meeting station of

section or into uninspected areas at a coal mine

Securing ground

Scaling

Water and saturated material

Cuttings created by raise bores

Drill hole intersections

Advancing within 100 m of hazards

Dangerous drill hole contact

Advancing within 300 m of body of water or material at coal mine that could flow

Advancing within 50 m of geological fault in coal mine

Advancing within 10 m of active working

Underground fill

Backfilling of abandoned panel or abandoned stope

Mining in area of construction

General inspections at non-coal mine

General inspections at coal mine

Report on general inspection at mine

Communication of inspection information

Routine inspection and testing for flammable gas at coal mine

General inspection at coal mine on behalf of mine worker

Examination of workplace and report by mine workers

Hazardous or potentially hazardous conditions

Part 4 - Emergency Preparedness and Mine Rescue

Emergency preparedness program

Up-to-date copies of emergency preparedness program and training

Posting of emergency procedures, evacuation procedures and current versions of documents

Notifying Director of emergency

Monitoring emergency preparedness program

Training municipal emergency response staff

Warning system

Training for warning system

Testing warning system

Maintaining and storing mine rescue equipment

Record mine rescue equipment and maintenance

Up-to-date plans readily available to mine rescue team

Back-up mine rescue teams

Communication system for mine rescue teams

Set of mine rescue equipment

High-pressure oxygen booster pump

Minimum requirements for mine rescue workers and equipment

Requirement for mine rescue aid agreement

Mine rescue team

Surface fire-extinguishing equipment

Surface fire-fighting team

Refuge stations required

Construction and location of refuge stations

Air supply in refuge station

Equipment in refuge station

Requirement for refuge station procedures

Uses for refuge stations

Monthly inspection of refuge stations

Part 5 - Fire Prevention and Dust Explosion Prevention

Definitions for Part [5]

General fire prevention underground

No smoking or open flame at non-coal mine

No smoking or open flame at coal mine

Random searches at coal mine

Procedure for random searches at coal mine

Hot work at non-coal mine

Procedures for hot work at coal mine

Notice of hot work at coal mine

Written instructions for hot work at coal mine

Conditions for hot work at coal mine

Proximity to flammable material

Mine air heating system

Fire-extinguishing equipment

Fire-suppression systems

Inspecting and maintaining fire-extinguishing equipment and fire-suppression system

Water supply system for extinguishing fires

Liquid flammable materials underground

Design of underground enclosures and shelters

Fire prevention for underground service areas

Fire prevention for underground fuelling stations

Diesel fuel transfer system

Diesel fuel pipelines

Diesel fuel oil storage tanks

Fire prevention for battery charging stations

Fire prevention for fixed diesel engines

Fire prevention for air compressors

Using propane or other similar fuel underground

Fire doors

Procedures required for minimizing danger from sulphide dust explosions

Mine explosion suppression procedure required in coal mine

Coal dust minimization procedure required in coal mine

Reducing coal dust accumulation in coal mine

Using stone-dust in coal mine

Stone-dusting before blasting

Water for dust control

Part 6 - Electrical and Mechanical Work

Definitions for Part[ 6]

Filing specifications for electrical installations at coal mine

Designation of zones for use of electrical installations underground at coal mine

Standards for electrical installations

Electrical installations in explosion risk zone of coal mine

Electrical installations in non-explosion risk zone of coal mine

Portable electrical equipment in non-explosion risk zone of coal mine

Certifying electrical installations or equipment in coal mine

Procedure required for electrical installations

Certifying type of electrical installation at coal mine

Certifications required to be kept at mine

Electrical work

Supervision of electrical work

Record and communication of electrical work at coal mine

Mechanical work

Supervising mechanical work

Record of mechanical inspections at coal mine

Filing specifications for pneumatic- or hydraulic-powered equipment

Part 7 - Ventilation

Ventilation engineer

Installation and maintenance of ventilation system

Air quality monitoring program

Record of result of air quality monitoring

Routing of air at coal mine

Separation between primary intake and primary return airways in coal mine

Ventilating air quality and quantity tests

Recording test results for air quality and quantity

Report on ventilation system

Prohibiting entry into unventilated area of non-coal mine

Testing air in unventilated area of non-coal mine

Ventilation doors, ventilation curtains and stoppings

Air flow to active working where diesel engine operating

Testing air quality where diesel engine operating

Adequate supply of uncontaminated air for hoist operator

Adjusting, altering or interfering with regulators

Design of fans and associated equipment

Main fan in coal mine

Booster fans

Controls for fans must be remote from fans

Inspection of fans and associated equipment

Reversing air flow of fans

Responding to fan failure at non-coal mine

Responding to fan failure at coal mine

Procedures for auxiliary ventilation in coal mine

Auxiliary ventilation at coal mine

Auxiliary ventilation at non-coal mine

Compressed air at mine

Air movers used in coal mine

Part 8 - Monitoring Flammable Gas

Definition for Part

Monitoring air at coal mine

Barometer and thermometer required at coal mine

Flammable-gas monitors on equipment in coal mine

Flammable-gas monitoring where electrical installation operating in return airway in coal mine

Flammable-gas monitoring at longwall airways in coal mine

Flammable gas monitoring for electrical installation at longwall working face in coal mine

Flammable-gas monitoring in area serviced by auxiliary fan in coal mine

Flammable-gas monitoring for non-explosion risk zone in coal mine

Flammable-gas monitoring at all areas of mine

When flammable gas reaches or exceeds 0.5% in coal mine where source of ignition present

When flammable gas reaches or exceeds 1.25% in coal mine

When flammable gas reaches or exceeds 2.0% in coal mine

Highest reading in flammable gas tests used as reading

Gas measuring devices supplied to testers at coal mine

Testing and calibrating flammable gas monitors and portable meters at coal mine

Calibrating monitors and meters

Only 1 coal cutting machine in ventilation split

Seals in coal mine

Methane drainage system required at coal mine

Methane drainage system discharging flammable gas reaching or exceeding 2.0% in coal mine

Testing for flammable gas and oxygen in coal mine

When flammable gas reaches or exceeds 0.25% in non-coal mine

Part 9 - Mechanical Equipment and Travelways

Definitions for Part[ 9]

Testing, maintaining and inspecting conveyors

Information to be filed for internal combustion engines

Fire resistant hydraulic fluid

Identification number marked on equipment

Standards for braking rubber-tired vehicles

Standards for construction of diesel-powered equipment

Maintaining diesel-powered equipment and battery-powered equipment

No sparks or flames from diesel-powered equipment engine

Fuel for diesel-powered equipment

Carbon monoxide from diesel-powered equipment exhaust

Remote-controlled equipment

Procedures for remote-controlled equipment

Remote-controlled equipment in adjacent mines

Information recorded for each remote-control

Equipment for all personnel carriers

Design and equipment for rail-bound personnel carriers

Equipment for material cars

Tackling equipment and construction of mine cars of rail-bound train

Factors of safety for tackling equipment

Fastening arrangement of mine cars on rail-bound train

Regular movement of clamps on endless hoist rope system

Certificate required for hoist-powered train

Work or travel alongside mobile equipment

Overhead clearance in travelway for mobile equipment

Lateral clearances in travelway for non-rail-bound mobile equipment

Lateral clearance in travelway for rail-bound equipment without pedestrians

Lateral clearances in travelway for rail-bound mobile equipment with pedestrians

Safety stations

Procedures for safely operating mobile equipment and mine cars

Operator of mobile equipment

Securing tools, equipment and supplies on mobile equipment

Signalling and communication for remote-controlled rail-bound trains

Disabled mobile equipment

Preventing runaway mine cars

Precautions for runaway mobile equipment

Maintaining rails underground

Restricting persons on mobile equipment transporting explosives or heavy load

Transporting persons by rail-bound personnel carrier

Drop-bottom mine cars used to transport persons

Part 10 - Mine Hoisting Plants for Shafts

Definitions for Part[ 10]

References in Part are to mine hoisting plant in shaft

Procedures for safely operating mine hoisting plant

Tests and report by engineer on mine hoisting plant

Defective or non-repaired mine hoisting plant

Records for inspections, tests, calibrations and maintenance

Headframe design

Shaft design

Shaft inspections

Recording shaft examinations and inspections

Shaft obstructions

Hoist station designed to limit audible signals

Hoist certificate

Hoist brakes

Brakes on hoist that transports persons

Clutch on hoist

Drum to hoisting rope ratios for hoist

Prohibited hoists

Grooves and flanges on drum hoist

Sheave arrangements for rope winding on drum hoist

Bolts and other fittings of mine hoisting plant tightened

Depth indicator required on hoists

Certificate required for sheave

Construction and identification of sheave

Testing of shaft of sheave

Safety circuits for hoists

Safety switches and devices for hoists

Safety devices for friction hoists

Monitors and devices for hoists

Competent person adjusts safety device of hoist

Design and installation of operating controls of automatic hoist

Control devices of hoist to be fail-safe

Testing shaft ropes before first use

Procedure for testing hoisting rope of friction hoist

Regular testing of shaft ropes

24-hour notice when shaft rope taken out of service

Prohibition against hoisting rope that is spliced or reversed

Minimum nominal diameter of hoisting rope

Factors of safety for hoisting ropes

Shaft rope design

Shaft rope attachments

Inspecting electrical components of mine hoisting plant

Reviewing mine hoisting electrical equipment record

Inspecting mechanical components of mine hoisting plant

Cleaning and dressing hoisting ropes

Mechanical hoisting record

Review of mechanical hoisting record

Non-destructive tests of mechanical components of mine hoisting plant

Trimming hoisting rope and balance rope on friction hoist

Certificate required for shaft conveyances and counterweights

Examining shaft conveyances and counterweights

Maximum allowable design stresses for shaft conveyance

Procedure for commissioning shaft conveyance for transporting persons

Design and construction of cages used to transport persons

Chairs for landing cage

When skip may be used to transport persons

Control devices for skip transportation of persons

Safety catches and mechanisms on shaft conveyance

Free fall test of cage

Certification of free fall test

Crossheads for buckets

Service doors for sinking compartment of shaft

Dump doors for buckets

Movement of buckets

Procedure for testing overwind and underwind protective devices on hoist

Ladders during shaft sinking

Hoist operator’s duties

Hoist operator record for hoist

Duty to not interfere with hoist or hoist operator

Hoist not to be operated if shaft is damaged or obstructed

Hoisting procedures

Hoist operator available for automatic hoist when persons underground

Designation of competent person for shaft conveyance

Hoist signal procedure

Code of signals

Transporting equipment and supplies

Loading gates for skips

Transporting persons and materials together in shaft conveyance

Shaft conveyance required for vertical depth exceeding 100 m

Prohibition against shaft conveyance being inoperable

Closing off shaft for repair

Design and procedures for work platform in shaft

Part 11 - Mine Hoisting Plants for Slopes

Definitions for Part[ 11]

References in Part are to mine hoisting plant used in slope

Procedures for safely operating mine hoisting plant

Tests and report by engineer on mine hoisting plant

Defective or non-repaired mine hoisting plant

Records for inspections, tests, calibrations and maintenance

Bankhead design

Slope obstructions

Hoist station designed to limited audible signals

Hoist certificate for hoist

Hoist brakes

Clutch on hoist

Drum to hoisting rope ratios for hoist

Hoists that must not be used to transport persons

Grooves and flanges on drum hoist

Sheave arrangements for rope winding

Depth indicator required on hoist

Certificate required for sheave

Construction and identification of sheave

Testing shaft of sheave

Safety circuits and safety devices for hoist

Safety switches and devices for hoist

Monitors and devices for hoist

Competent person adjusts safety device of hoist

Design and installation of operating controls of automatic hoist

Control devices on hoist to be fail-safe

Testing hoist ropes before first use

Regular testing of hoisting ropes

24-hour notice when hoisting rope taken out of service

Prohibition against hoisting rope that is spliced or reversed

Minimum nominal diameter of hoisting rope

Factors of safety for hoisting ropes

Hoisting rope attachments

Inspecting electrical components of mine hoisting plant

Reviewing electrical hoisting equipment record

Inspecting mechanical components of mine hoisting plant

Cleaning and dressing hoisting ropes

Mechanical hoisting equipment record

Reviewing mechanical hoisting equipment record

Non-destructive tests of mechanical components of mine hoisting plant

Certificate required for mine cars

Examination of mine according to manufacturer’s specifications

Procedure for commissioning mine car for transporting persons

Control devices for mine car carrying persons

Procedure for testing overwind and underwind protective devices on hoist

Hoist operator’s duties

Hoist operator record

Duty to not interfere with hoist or hoist operator

Hoist not to be operated if slope is damaged or obstructed

Hoisting procedures

Hoist operator available for automatic hoist when persons underground

Designation of competent person for mine car

Signal devices

Hoist signal procedure

Code of signals

Transporting equipment and supplies

Transporting persons and materials together in mine cars

Closing off slope for repair in slope

Part 12 - Raise Climbers in a Mine

Procedure for raise climber transporting persons

Access to and removal from raise climber

Raise climbers

Power-driven raise climbers

Raise climbers powered by electricity

Design and procedure for work platform in raise

Inspection and maintenance of raise climbers

Record of raise climber inspections or examinations

Major overhaul of raise climber

Part 13 - Blasting Operations and Storage and Handling of Explosives

Definitions for Part[ 13]

Restricted to blasters

Blaster to direct blasting operation

Types of explosives

General safety requirements for using and handling explosives

Precautions around magazine or explosives

Where storage of explosives is prohibited

Explosives to be stored in magazine

Explosives kept at loading face

Guarding explosives

Magazines and temporary storage boxes

Construction and marking of temporary storage box

Certifying temporary storage box

Explosives in temporary storage box

Storage of detonators

Removing, adding and controlling explosives from magazine

Inspections and inventory of explosives

Returning explosives to magazine or temporary storage box

Reporting theft or attempted theft of explosives

Transporting explosives underground

Transporting explosives by shaft conveyance

Transporting explosives by mobile equipment

Transporting explosives by mine car

Stability of equipment in blasting area

Drilling while loading explosives or near loaded holes, misfires or bootlegs

Blasting operation in adjacent mines

Preparation of holes for loading explosives

No primed cartridges inside mobile equipment or near electrical installations

Procedure for using explosives in coal mine

Testing for flammable gas at coal mine before loading explosives

Precautions when loading explosives in hole

Removing broken coal before loading hole

Blast at coal mine prohibited until air free of dust

Removing coal dust before initiating blast

Pneumatically loading explosives in hole

Development and production blast patterns and procedures

Danger areas

Procedures for blasting more than 1 area from common source

Detonation of single charge

Simultaneous detonation of multiple charges at coal mine

Source for initiating blast

Blasting machine and blasting switch

Blasting meters

Defective blasting machine or blasting switch

Using electric detonators

Testing electric blasting circuit

Blasting cables

Testing for flammable gas at coal mine

No electric detonator where danger from extraneous electricity

Electrical storms

Minimum distances from radio frequency transmitters

After blast

Entering danger area after blast

Entering danger area when misfires and suspected misfires

Procedure for safe handling of misfires

Record of misfire

Flamed charge at coal mine

Report of flamed charge at coal mine

Examining working face for misfires and bootlegs after blast

Secondary blasting

Abandoning blasting area or discontinuing work

Blaster record

Part 14 - Job Training Program

Definitions for Part[ 14]

Employer required to have job training program

Review of job training program

Examination, audit or inquiry into job training program

Evaluation of job training program by Director

Records kept for job training program

Employer at coal mine to file annual

summary of job training program

Suspending or imposing conditions on job training program

Notice for job training program for coal mine

External review of job training program for coal mine

Course information filed for program delivered by employer at coal mine

Instructors for job training program for coal mine

Written job descriptions required and available

Training courses required in job training program

List of mine workers and designations, tasks and job categories

Employees to be trained in accordance with job training program

Designating employee who has not completed courses for job category

No untrained persons working underground

Training for mine workers

Annual refresher course for mine workers

Training for mine rescue worker

Training for supervisors

Training for engineers

Training for member of committee or representative

Qualifications of hoist operator

Hoist operator certificate of fitness

Qualifications of blaster

Qualifications of mine rescue worker

Mine rescue worker certificate of fitness

Qualifications of mine rescue team captain

Qualification of mine rescue trainer

Qualifications of mine workers at coal mine

Qualifications of mine manager at coal mine

Qualifications of underground manager at coal mine

Qualifications of intermediate supervisors at coal mine

Qualifications of first-line supervisor at coal mine

Qualifications of mine examiner at coal mine

Qualifications of mine surveyor in coal mine

Qualifications of engineer in coal mine

Qualifications of coal mine electrician

Qualifications of chief coal mine electrician

Qualifications of coal mine mechanic

Qualifications of chief coal mine mechanic

Schedule A: Fees for Filing and Review of Documents

Table 1: All Mines

Table 2: Subsea Coal Mines

Part 1 -

Interpretation and Application

Citation

1 These regulations may be cited as the Underground Mining Regulations .

Definitions for these regulations

2 In these regulations, all of the following

definitions apply:

“abandoned”, in relation to a working or excavation, means 1 of the following:

(

i) that the working or excavation is caved or sealed and no further work is

intended,

(ii) if the working or excavation is neither caved nor sealed, that it is not

regularly inspected and that it is not ventilated by any mechanical

means;

“Act” means the Occupational Health and Safety Act ;

“active working” means a working or excavation that is not abandoned;

“adequate” means sufficient to protect a person from injury or damage to health or

safety;

“airway” means any underground opening or passage through which air travels;

“auxiliary access” means a mine opening that is used for transporting persons to and

from the underground and is additional to the primary access;

“auxiliary fan” means a fan used for ventilation underground in part of the mine that

cannot be ventilated by the main fan without separate mechanical devices or by a

booster fan without separate mechanical devices;

“auxiliary ventilation” means a method of supplementing the ventilation system in a

mine to draw air from the primary airway and force it into other areas of the mine

such as crosscuts, splits, and raises;

“battery-powered” means deriving a substantial amount of total power from a battery

or batteries;

“blast” means an initiation of a charge or a number of charges, either simultaneously

or consecutively;

“blaster” means a competent person who

(

i) carries out the duties of a blaster under these regulations,

(ii) meets the qualifications set out in

Section 538, and

(iii) is designated by the mine manager as a blaster;

“blasting” means the activities associated with a blast, including storing, handling,

transporting, preparing, loading and using explosives, and drilling conducted at a

blasting area or in relation to using explosives;

“blasting area” means a zone extending at least 30 m in all directions from a place

where explosives are being prepared, handled or loaded for firing or where misfires

exist or are believed to exist;

“booster fan” means a fan that is used at a mine to assist in the primary ventilation of

the mine in conjunction with a main fan;

“breaking strength” means the breaking strength of a hoisting rope as determined by

a competent cable testing laboratory;

“CGSB” means the Canadian General Standards Board of the federal Department of

Public Works and Government Services;

“CSA” means the Canadian Standards Association;

“cage” means a platform that is used in a shaft to transport materials and people;

“cap lamp”, in relation to a coal mine, means a lamp referred to in subsection 87(2);

“certify” means certify in writing;

“charge”, unless the context otherwise requires, means an explosive that is primed

and ready to fire, and includes a shot at a coal mine;

“chief coal mine electrician” means a competent person who

(

i) carries out the duties of chief coal mine electrician under these

regulations,

(ii) meets the qualifications set out in

Section 552, and

(iii) is designated by the mine manager as the chief coal mine electrician;

“chief coal mine mechanic” means a competent person who

(

i) carries out the duties of a chief coal mine mechanic under these

regulations,

(ii) meets the qualifications set out in

Section 554, and

(iii) is designated by the mine manager as the chief coal mine mechanic;

“coal mine” means a mine where the main product is coal;

“coal mine electrician” means a competent person who

(

i) carries out the duties of a coal mine electrician under these regulations,

(ii) meets the qualifications set out in

Section 551, and

(iii) is designated by the mine manager as a coal mine electrician;

“coal mine mechanic” means a competent person who

(

i) carries out the duties of a coal mine mechanic under these regulations,

(ii) meets the qualifications set out in

Section 553, and

(iii) is designated by the mine manager as a coal mine mechanic;

“competent person” means a person who

(

i) is qualified because of that person’s knowledge, training and experience

to do the assigned work in a manner that will ensure the health and

safety of every person in the workplace, and

(ii) is knowledgeable about the provisions of the Act and regulations that

apply to the assigned work, and about potential or actual danger to

health or safety associated with the assigned work;

“construct” includes erect, install and assemble;

“counterweight” means a weight used to offset the weight of a shaft conveyance;

“destructive test” means a test of an object that damages the object, destroys the

object, distorts the object or affects the mechanical strength of the object;

“diesel fuel” includes bio fuels and similar fuels;

“diesel-powered” means deriving a substantial amount of total power from diesel

fuel;

“document” includes a procedure, program, specification, schematic, description,

certification, plan, report, notice, instruction or record;

“drum hoist” means a hoist in which the hoisting rope is wound on a drum and

includes a friction hoist;

“electrical installation” means the wires, machinery, apparatuses, appliances, devices,

materials and equipment used or intended to be used to generate, transmit, distribute,

supply or use electrical power or energy, and includes a powerline and powerline

equipment;

“electrical installations plan” means the plan of the electrical installations at a mine

required by

Section 52;

“emergency preparedness program” means the emergency preparedness program

prepared in accordance with

Section 127;

“engineer” means a competent person who

(

i) is an engineer within the meaning of the Engineering Profession Act ,

and

(ii) in a coal mine, meets the qualifications of

Section 550;

“examine” means to observe or review in order to ascertain the quality or condition

of documents or things, and is more detailed and thorough than “inspect”;

“explosion risk zone” means any area at a coal mine that is not designated as a non-explosion risk zone;

“explosive” means a substance, including a detonator or charge, that is

manufactured or used to produce an explosion by detonation or deflagration, but

does not include ammunition or an explosive used to power powder-actuated tools;

“factor of safety”, in relation to an object, means the number of times the maximum

load an object is designed to hold exceeds the maximum load to which the object is

likely to be subjected;

“fire-extinguishing equipment” means equipment that is capable of extinguishing fire

and can be used by a person to fight fire in a particular place;

“fire-suppression system” means a device that automatically activates to suppress a

fire in a particular place or, if the device is located on mobile equipment, may be

activated to suppress a fire automatically, manually or both;

“first-line supervisor” means a supervisor who does not supervise any other

supervisors;

“flameproof”, in relation to an electrical installation, means that the electrical

installation is in an enclosure that meets all of the following:

(

i) the enclosure can contain an internal explosion without permanent

distortion of the enclosure,

(ii) the enclosure ensures that an internal explosion cannot be transmitted to

the surrounding atmosphere,

(iii) the enclosure has a temperature at all points on the surface of the

enclosure that is lower than the spontaneous ignition temperature of the

surrounding gases, vapours or dusts;

“flammable gas” means methane or other hydrocarbon gases of higher molecular

weight than methane;

“flammable material” means a material that meets the criteria for a Class B

controlled product as set out in the Controlled Products Regulations under the

Hazardous Products Act (Canada), and includes fuel, but does not include coal or

wood;

“general body of air” means, in relation to a coal mine, air underground that is at

least 30 cm away from the roof, side, face or floor of the mine;

“ground control procedure” means the procedure required by

Section 53 to prevent

the unplanned fall of rock;

“headframe” means a structure at the top of a mine shaft that carries the sheaves for

the hoisting ropes or components of a friction hoist;

“hoist” means a device that is used to transport a shaft conveyance in a shaft or a

mine car in a slope;

“hoist operator” means a competent person who

(

i) carries out the duties of a hoist operator under these regulations,

(ii) meets the qualifications set out in

Section 536, and

(iii) is designated by the mine manager as a hoist operator;

“hoisting rope” means a rope that is used to lift and lower a mine car in a slope or a

shaft conveyance in a shaft;

“hoist station” means a location where the manual controls for a hoist are located;

“inspect” means to observe or review in order to ascertain the quality or condition of

documents or things;

“intake air” means air that originates from the surface and is used by a ventilation

system, but has not passed through or by any of the following:

(

i) in a non-coal mine, the last working face,

(ii) in a coal mine, the last working face of a split or the entrances to

abandoned workings;

“intake airway” means an airway through which intake air travels;

“intrinsically safe”, in relation to an electrical circuit, means incapable of producing a

spark or thermal effect of sufficient energy to ignite a mixture of flammable material

in air under certain test conditions;

“level”, in relation to a mine, means an excavation in a mine that is driven on an

average grade of less than 3° from the horizontal;

“loading face” means a working face where explosives are loaded in holes;

“magazine” means a building, storehouse, structure or area where explosives are kept

or stored, but does not include a temporary storage box;

“main fan” means a fan used for primary ventilation of the mine, but does not

include a booster fan;

“maintain” includes store, service, clean, adjust and repair;

“methane drainage” means a process of drilling holes into coal strata or a coal seam

and removing methane contained in the coal strata or coal seam;

“mine” means a work or undertaking for the purposes of opening up, proving,

removing or extracting any metallic or non-metallic mineral or mineral-bearing

substance, coal, rock, earth, clay, sand or gravel that extends or is intended to extend

below ground level and is completely enclosed in rock except for entrances,

shafthead buildings and portal houses, and includes the shutdown, closure or

abandonment of the work or undertaking, and all of the following structures and

places at the site:

(

i) equipment, buildings and premises on the surface that are integral to the

health and safety of persons underground,

(ii) shafts in the course of being sunk or driven at the surface to open,

prove, remove or extract the deposits;

“mine car” means equipment that is used to transport persons or materials and is

capable of being operated only on fixed rails, a track or a beam;

“mine examiner” means a competent person who

(

i) carries out the duties of a mine examiner under these regulations,

(ii) meets the qualifications set out in

Section 548,

(iii) is designated by the mine manager as a mine examiner;

“mine hoisting plant” means the equipment used in connection with a hoist and

includes all of the following:

(

i) engines or other devices that provide a source of motive power,

(ii) transmission equipment,

(iii) headframes,

(iv) drums,

(

v) sheaves,

(vi) shaft ropes, as defined in

Part 10,

(vii) hoisting ropes,

(viii) shafts,

(ix) shaft conveyances,

(

x) shaft sinking equipment,

(xi) shaft furnishings,

(xii) hoist controls,

(xiii) hoist stations,

(xiv) counterweights,

(xv) mine cars,

(xvi) signalling and communications equipment,

(xvii) any of the following when used in connection with a hoist:

(

A) rails,

(

B) tracks,

(

C) beams,

(

D) bankheads;

“mine manager” means a competent person who

(

i) carries out the duties of a mine manager under these regulations,

(ii) at a coal mine, meets the qualifications set out in

Section 544,

(iii) is designated by the employer as the mine manager;

“mine plan” means a plan of a mine prepared in accordance with

Section 51;

“mine rescue team” means the mine workers designated by the mine manager as

mine rescue workers and organized into a team for conducting mine rescues in

accordance with

Section 145;

“mine rescue team captain” means a competent person who

(

i) carries out the duties of a mine rescue team captain under these

regulations,

(ii) meets the qualifications set out in

Section 541, and

(iii) is designated by the mine manager as captain of a mine rescue team;

“mine rescue worker” means a competent person who

(

i) carries out the duties of a mine rescue worker under these regulations,

(ii) meets the qualifications set out in

Section 539, and

(iii) is designated by the mine manager as a mine rescue worker;

“mine worker” means a competent person who

(

i) has completed the job training program for a mine worker,

(ii) for a coal mine, meets the qualifications set out in

Section 543, and

(iii) is designated by the mine manager as a mine worker;

“misfire” means a charge that for any reason failed to fire as planned;

“mobile equipment” means a vehicle used underground at a mine that is powered by

other than muscular power, but does not include a shaft conveyance or a mine car;

“MSHA” means the Mine Safety and Health Administration of the United States

Department of Labor;

“non-coal mine” means a mine other than a coal mine;

“non-combustible” means material, or an assembly of materials, that conforms to

ULC standard CAN4-S114-M80, Standard Method of Test for Determination of

Non-Combustibility in Building Materials ;

“non-destructive test” means a test of an object that does not damage the object,

destroy the object, distort the object or affect the mechanical strength of the object;

“non-explosion risk zone” means an area of the underground at a coal mine that is

designated in accordance with

Section 193;

“occupational exposure limit” means a threshold limit value as set out in the latest

version of the publication “TLVs and BEIs” published by the American Conference

of Governmental Industrial Hygienists other than a threshold limit value excluded

under

Section 211;

“panel” means a working face or group of working faces in a mine from which

material is extracted, but does not include a working face required for developing a

mine;

“plan”, unless these regulations specify otherwise, means a drawing, layout or

diagram;

“portable electrical equipment” means portable equipment that is battery powered

with a battery voltage less than 25 V and a peak power output less than 1000 W;

“portal” means the area where a mine tunnel intersects with the surface;

“powder-actuated tool” means a hand tool that uses a powder charge to drive or

fasten a device into hard materials such as concrete, steel or masonry;

“primary access” means the main mine opening that is used for transporting persons

to and from the underground;

“production area” means a part of a mine that consists of panels, slopes or workings

required for the development of the mine;

“raise” means a vertical or inclined opening in a mine driven from one level to

connect with another level, or to explore the ground for a limited distance above or

below the level, and includes a winze;

“raise climber” means a temporary or permanent platform that is used to provide

access to the face of a raise or other working area and is power-driven by other than

muscular power and controlled from a cage underneath the platform;

“return air” means air underground that is not intake air;

“return airway” means an airway through which return air travels;

“rockburst” means the sudden and violent breaking of a mass of rock from the sides,

roof or floor of a mine tunnel caused by the failure of highly stressed rock and the

rapid release of accumulated energy;

“room and pillar” means a method of mining in which a mineral, including coal, is

mined in rooms separated by pillars of undisturbed mineral, including coal, that

provide roof support;

“section”, in relation to a coal mine, means a part of the mine that a supervisor is

responsible for as defined by the mine manager under subsection 57(1);

“self-contained breathing apparatus” means a breathing device with a source of

breathable air that is completely isolated from the air in which the user is located;

“shaft”, unless these regulations specify otherwise, means an excavation in a mine

that is inclined on an average grade of 45° or greater from the horizontal and used to

provide access to an underground working;

“shaft conveyance” means a conveyance raised or lowered by a hoist in a shaft and

includes a bucket as defined in

Part 10, a single- or multi-deck cage, a skip and a

combination of a skip and a cage;

“shaft station” means an area near a shaft from which ore, coal, rock, materials or

persons enter or exit the shaft conveyance;

“shift” means the period of time worked by a division of the persons employed at a

mine who work at the mine during a set period of the day;

“shot” means a charge that has been placed in a drill hole;

“side” means the side of a tunnel underground;

“skip” means an enclosed device used in a shaft to transport ore, coal, rock, or

material;

“slope” means an excavation in a mine that is inclined on an average grade of 3°

from the horizontal or greater, but less than 45° from the horizontal;

“split” means a branch in the ventilation system in a mine;

“stope” means a working or group of working faces from which ore is extracted, but

does not include a working required for development of the mine;

“stopping” means an artificial barrier that obstructs ventilation;

“subsea coal mine” means a coal mine wholly or partly located below the low-water

mark in an area of the Province covered by seawater;

“supervisor” means a competent person in any level of management at a mine who

(

i) is responsible for a workplace or part of a workplace at a mine,

(ii) exercises authority over, controls or directs the work of an employee,

(iii) for a first-line supervisor in a coal mine, meets the qualifications of

Section 547, and

(iv) is designated by the mine manager as a supervisor;

“survey” means a plan of the position of all mine workings based on the results of

measurements made using appropriate instruments;

“temporary storage box” means a portable unit for temporarily storing explosives;

“test” means to take a sample and submit it to a procedure or device to determine 1

or more characteristics of the sample;

“train”, in relation to equipment, means equipment that is used underground at a

mine that consists of 1 of the following combinations:

(

i) at least 1 mine car connected to at least 1 unit of mobile equipment,

(ii) 2 units of mobile equipment connected together with no mine cars,

(iii) at least 1 mine car, powered by a hoist, operating on a slope or level;

“travelway” means a ramp, slope, level, ladder, walkway, stairway, adit or similar

pathway or roadway used primarily by persons to move from one area of a mine to

another;

“ULC” means the Underwriters’ Laboratories of Canada;

“underground manager” means a competent person who

(

i) carries out the duties of an underground manager under these

regulations,

(ii) meets the qualifications set out in

Section 545, and

(iii) is designated by the mine manager as an underground manager;

“ventilation curtain” or “ventilation door” means a device for minimizing air leakage

between airways in accordance with

Section 220;

“ventilation engineer” means an engineer who

(

i) carries out the duties of a ventilation engineer under these regulations,

and

(ii) is designated by the mine manager under

Section 209;

“ventilation plan” means the plan of a mine’s ventilation system required by

Section

54;

“ventilation system” includes both primary and auxiliary ventilation systems;

“winze” means a vertical opening driven downward connecting 2 levels of a mine;

“working face” means an area underground from which material is cut, sheared,

broken, drilled, blasted or otherwise loosened.

Application of these regulations

(1) Except as provided in subsection (3), these regulations apply to a mine if a person is

or is likely to be present.

(2) These regulations do not apply to persons, activities, equipment, buildings and

premises on the surface at a mine site that are not integral to the health and safety of

persons underground.

(3) These regulations do not apply to the re-entry of a mine if the employer

(

a) does not significantly disturb the ground; and

(

b) adopts a code of practice specified by the Director under

Section 66 of the Act.

Inconsistencies with other regulations

4 If there is an inconsistency between these regulations and any other regulations made under

the Act, these regulations prevail to the extent of the inconsistency.

Required adoption of regulations

(1) If a condition, activity or hazard to health or safety at a workplace is substantially

similar to a condition, activity or hazard normally associated with a mine, the

Director may require that any provision of these regulations respecting the condition,

activity or hazard be adopted by the employer as a part of a code of practice under

Section 66 of the Act.

(2) At a non-coal mine, if flammable gas has been ignited, or flammable gas has been

measured in the general body of air in a concentration that is equal to or greater than

0.25% by volume in the air being tested, the Director may order that a provision of

these regulations that is otherwise applicable only to a coal mine be adopted by the

employer as a part of a code of practice under

Section 66 of the Act.

Compliance with standards incorporated by reference

(1) If there is an inconsistency between these regulations and a standard incorporated by

reference in these regulations, these regulations prevail over the standard to the

extent of the inconsistency.

(2) An object that is required by these regulations to comply with an edition of a

standard published in a specified year must, if the standard requires that an object

physically conform to the standard, conform to the physical specifications contained

(

a) the standard specified in these regulations;

(

b) the edition of the standard that was current at the date of the object’s

manufacture, unless conforming to that standard raises a reasonable doubt as to

whether the object is adequate; or

(

c) the latest edition of the standard.

(3) An activity, in relation to an object, that is required by these regulations to comply

with an edition of a standard published in a specified year must, if the standard

requires that inspection, maintenance, use or other activity in relation to an object be

carried out in accordance with the standard, comply with the latest edition of the

standard, unless it is established that compliance with an earlier edition of the

standard, or with generally accepted engineering principles prevailing at the object’s

date of manufacture, is more likely to ensure adequate performance of the object.

Duties of parties

(1) Every person at a mine must perform all the duties and meet all requirements of the

Act and its regulations if

(

a) the duties or requirements are placed directly upon them; or

(

b) the duties and requirements are not placed directly upon them but they have the

greatest degree of control over the matters that are the subject of the duties or

requirements.

(2) Every person at a mine must ensure that all of the following persons meet all

requirements of the Act and its regulations:

(

a) a person in their employ;

(

b) a person under their supervision;

(

c) a person with whom they have a contract.

(3) A person must comply with all procedures, plans and codes developed for the

purposes of the Act and its regulations.

(4) A person must not work underground if any regulatory duties or requirements are not

met, regardless of who is responsible for ensuring the regulatory duty or requirement

is met.

Part 2 - Notice, Document and Filing Requirements

Documents to be dated and signed

8 Unless otherwise specified in these regulations, a document required to be made under

these regulations must be dated and signed by the person who made it.

Contact and location to be included in documents

9 A document filed with the Director must include all of the following:

(

a) the employer’s

(

i) name,

(ii) address,

(iii) telephone number;

(

b) the geographic location of the site that the filed document relates to.

Documents part of program under the Act

10 A written program, plan, procedure or instruction prepared under these regulations forms

part of the program required by

Section 29 of the Act.

Documents and approvals to be kept and made available

11 An employer must ensure that up-to-date copies of any approval issued under

Section 35

or of any document required to be made under these regulations are kept and made

available in accordance with all of the following conditions:

(

a) except for the business plan and feasibility study required by

Section 49 and

any records associated with the plan and study, a copy must be readily

available to the committee or representative, if any;

(

b) if reasonably practicable, a copy must be kept in a safe place at the surface of

the mine;

(

c) a copy must be kept until at least the later of the following dates:

(i) 2 years after the date of the last entry,

(ii) 2 years after the date the approval or document is superseded or

becomes obsolete, unless these regulations otherwise require,

(iii) the date specified in these regulations.

Revisions to documents filed and latest version used

(1) Any work that is carried out must be done in accordance with the latest relevant

document.

(2) Except for the mine plan and the ventilation plan, an employer must ensure that any

revision made to a document required to be filed with the Director under these

regulations is

(

a) signed by the person who holds the same position as the person who signed the

original document; and

(

b) filed with the Director as soon as reasonably practicable.

Required revision to document

13 The Director may require revisions to be made to a document filed under these regulations

if the Director considers that the revisions are necessary to do any of the following:

(

a) correct an existing or potential inconsistency with generally accepted

engineering principles;

(

b) correct an existing or potential violation of the Act or its regulations;

(

c) ensure health or safety.

No false or misleading entries on documents

14 A person must not make a false or misleading entry, or fail to make a relevant entry, on a

document that is required to be made under these regulations.

Content of inspection and examination records

(1) A record required by these regulations of an inspection or examination must include

all of the following information:

(

a) the company name and mine site location;

(

b) the name of the person conducting the inspection or examination;

(

c) the area or thing being inspected or examined;

(

d) the identification number of the machine or equipment being inspected or

examined;

(

e) the date and start time of the inspection or examination;

(

f) a statement made by the person conducting the inspection or examination

describing the condition of the area or thing being inspected or examined;

(

g) the observations of the person conducting the inspection or examination

regarding the safety of the area or thing being inspected or examined;

(

h) the name and signature of the employee receiving the record, if these

regulations identify such a person;

(

i) any repairs and modifications made as a result of the inspection or

examination;

(

j) a statement made by the person conducting the inspection or examination

indicating that any remedial actions recorded under clause (

i) have been

implemented and when such actions were taken;

(

k) any information required to be included by another provision of these

regulations.

(2) A person who conducts an inspection or examination under subsection (1) must sign

the record of inspection or examination.

(3) An employer must establish, implement and maintain a procedure for recording the

results of inspections and examinations.

Signature of employee in more than 1 job capacity

16 If the same person signs a document in more than 1 job capacity, the person must identify

those capacities on the document.

Form of documents

(1) A notice or submission required under these regulations must be given in writing,

unless these regulations specify otherwise.

(2) A document required by these regulations may be computerized.

(3) An electronic signature is allowed on a document if the electronic signature can be

entered into the computer only by the person who is signing the document.

(4) A document that is required to be filed with the Director must be filed in paper

unless the Director enters into a written agreement with an employer to allow the

the Director.

(5) A written notice to the Director that is required by these regulations may be

submitted by fax or e-mail to the fax number or e-mail address specified for the

Director on the Department of Labour and Workplace Development’s Internet site.

Notice period decreased or waived

18 If all parties who are required to receive a notice or a submission agree in writing, a notice

or submission period required under these regulations may be

(

a) decreased to a period agreed upon by the parties; or

(

b) waived.

Record and review of test and calibration

19 For every test, including air quantity or quality tests and calibrations, required under these

regulations, the mine manager must designate a competent person to do all of the

following:

(

a) record the results of the test;

(

b) review the results of the test;

(

c) ensure that adequate action is taken in response to the results.

Documents on personal health of employee

(1) For the purposes of subclause 11(c)(iii), all documents required by these regulations

related to the personal health of a mine worker must be kept at the mine for as long

as the mine worker is employed at the mine or until the mine closes.

(2) Unless the Director otherwise orders, on termination of employment or closure of the

mine, the documents referred to in subsection (1) must be mailed to the former

employee at their last known address.

Plans

(1) A plan required under these regulations must meet all of the following requirements:

(

a) it must be drawn to a scale that is large enough to show the required details;

(

b) it must include the name and address of the employer and the physical location

of the mine.

(2) If any plan is based on or uses survey information generated by the employer, a mine

manager must ensure that the survey information is supplied by a surveyor who is a

designated competent person.

Review of records by Director or financial expert

(1) A review of a document by the Director, or by a financial expert retained in

accordance with

Section 49, does not constitute either of the following:

(

a) except for a document referred to in subsection 35(7) or (8) that is approved by

the Director respecting a subsea coal mine, an approval of it by the Director or

the financial expert;

(

b) an assurance that any work that proceeds in the manner described in it would

comply with the Act, its regulations, or generally accepted engineering

principles.

(2) If the Director or a financial expert recognizes that work that proceeds in the manner

described in a document that is required to be filed with the Director or assessed by a

financial expert under these regulations could result in a contravention of the Act or

its regulations or generally accepted engineering principles, the Director or financial

expert may advise the employer and any other appropriate person of the apparent

violation.

(3) Whether or not advice is received under subsection (2) does not affect a person’s

responsibilities or duties under the Act and these regulations.

Director may require more information

23 The Director may require more information respecting a document filed with the Director

under these regulations.

Notice and provision of document to committee or representative

(1) At the time of filing, the mine manager must notify the committee or representative,

if any, that the employer has filed a document with the Director.

(2) The mine manager must provide copies of documents prepared under Sections 37 to

48 and Sections 50 to 57 to the committee or representative, if any.

(3) A requirement in subsection (1) or (2) must be complied with as soon as reasonably

practicable after the committee is formed or the representative is selected.

Consultation with committee or representative on written procedure or instructions

25 A written procedure or written instructions prepared or reviewed under these regulations

must be prepared or reviewed in consultation with the committee or representative, if any.

Committee or representative to review documents annually

(1) At least annually, the committee or representative, if any, must be asked for

comments and recommendations on the following:

(

a) the employer’s job training program;

(

b) any documents required to be developed by these regulations.

(2) Comments and recommendations made under subsection (1) may include comments

and recommendations on any of the following:

(

a) changes in technology;

(

b) mining conditions;

(

c) work practices and procedures in the mine.

Committee at subsea coal mine

(1) In this Section, “operator” means a person who holds a special licence or a mineral

right under the Mineral Resources Act respecting a subsea coal mine or manages the

project on behalf of the holder.

(2) Except as provided in subsection (3), an employer must establish a committee if

persons are regularly employed at a subsea coal mine.

(3) If there is more than 1 employer at a subsea coal mine, the Director may order the

operator to do all of the following:

(

a) establish a committee that represents all or any combination of employers and

employees;

(

b) assume the duties of an employer under this Section.

(4) The Director may order an employer to include on the committee a representative of

any category of persons working at the subsea coal mine that the Director considers

necessary for the operation of the committee.

(5) An employer at a subsea coal mine must provide enough resources and adequate

administrative support for the effective operation of the committee.

Review of documents by committee at subsea coal mine

(1) An employer at a subsea coal mine must submit to the committee for its review any

documents that the employer is required to file with the Director under subsections

35(7) and (8).

(2) If a committee does not exist at the time a document is filed with the Director,

subsection (1) must be complied with as soon as reasonably practicable after the

committee is formed.

(3) An employer at a subsea coal mine must make any person with knowledge in the

preparation of a document filed with the Director available at a committee meeting

to inform the committee concerning the document.

(4) If the committee, in reviewing a document under this Section, determines that a

person with specialized knowledge is required for deliberation, it may request the

Director to order any person to be made available to the committee, at the

employer’s expense.

(5) An employer at a subsea coal mine must ensure that any written advice provided by

the committee is included, if reasonably practicable, in the filing with the Director of

any documents required by subsection 32(1) and subsections 35(7) and (8).

Right to appeal at subsea coal mine

(1) In this Section, “appeal” means file an appeal with the Board under

Section 69 of the

Act.

(2) In addition to any order or decision referred to in clauses 69(1)(

a) to (

d) of the Act,

an aggrieved person at a subsea coal mine may appeal a decision of the Director to

issue or not issue an approval under

Section 35.

Procedures and certifications adequate, signed and trained for

(1) A written procedure or certification that is prepared for the purpose of the Act or

these regulations must be

(

a) adequate; and

(

b) approved and signed by the mine manager.

(2) Each person who is required to perform a function under a procedure or certification

must be trained in respect of it generally, and in particular in the requirements

relating to the person.

Activities to be carried out in accordance with documents

31 Any activities or procedures specified in documents required under these regulations must

be carried out as specified in the documents.

Report of occurrence

(1) In addition to the notice of an accident required by

Section 63 of the Act, the mine

manager must notify the Director no later than 24 hours after any of the following:

(

a) an outbreak of fire of any size, if it is unplanned, uncontrolled or endangers a

person or property;

(

b) at a coal mine, any occurrence of an open flame that is not permitted under

these regulations, including a flamed charge;

(

c) an unplanned sudden release or in-rush of water, mud, slurry or debris;

(

d) a gas outburst;

(

e) a premature or unexpected explosion of explosives, gas or dust, or a misfire;

(

f) an unplanned or unexpected fall of rock or a rockburst that does any of the

following:

(

i) impairs ventilation,

(ii) impedes the passage of persons,

(iii) causes injury to a person,

(iv) causes a person to withdraw from the area,

(

v) disrupts work for more than 1 hour;

(

g) at a coal mine, the failure of a main fan or booster fan or any changes that

result in air flow changing by more than 15% in any area from the airflow

noted on the ventilation plan;

(

h) at a coal mine, a flammable gas concentration equal to or greater than 0.5% by

volume in the air being tested in a non-explosion risk zone;

(

i) at a coal mine, a flammable gas concentration equal to or greater than 2% by

volume in the air being tested in an explosion risk zone;

(j) 2 occurrences during any 30-day period of a dust, mist or gas concentration

greater than the occupational exposure limit for the dust, mist or gas;

(

k) test results that exceed twice the occupational exposure limit;

(

l) at a coal mine, coal dust concentrations that exceed the limits specified in

subsection 188(1), as shown by an analysis of successive samples of dust from

the same area of the mine.

(2) A record must be completed of any of the occurrences specified in subsection

(1) and of all of the following:

(

a) a flammable gas concentration equal to or greater than the concentration

specified in any of the following provisions:

(i) clause 241(6)(a), respecting a visual alarm from a flammable gas

monitor on or near an electrical installation,

(ii) subsection 242(2), respecting flammable gas concentrations in a return

airway of a coal mine,

(iii) subsection 243(2), respecting flammable gas concentrations at an

electrical installation at a longwall working face in a coal mine,

(iv) subsection 246(2), respecting flammable gas concentrations in non-explosion risk zone of a coal mine;

(

v) Section 249, respecting flammable gas concentrations of 1.25% in a

coal mine,

(vi)

Section 250, respecting flammable gas concentrations of 2.0% in a coal

mine,

(vii)

Section 260, respecting flammable gas concentrations of 0.25% in [a]

non-coal mine;

(

b) an evacuation of persons because of a high flammable gas concentration;

(

c) at a coal mine, coal dust concentrations that exceed the limits specified in

subsection 188(1);

(

d) an unplanned or unexpected fall of rock that exceeds 3 t or any rockburst;

(e)a work refusal related to health or safety;

(

f) treatment of a person in a hospital for injury received at the mine;

(g)a failure of a hoist safety device during use or test;

(h)asphyxiation of a person;

(i)mobile equipment going out of control;

(

j) an accident or incident involving a mine hoisting plant;

(

k) cracking or subsidence of a bulkhead, dam, permanent stopping or explosion-proof barrier;

(

l) an accident or incident involving an electrical installation that may have

resulted or resulted in personal injury or property loss;

(

m) in a coal mine, a failure of equipment that is not intrinsically safe or not

flameproof;

(

n) the introduction of a type of electrical installation that does not comply with a

standard listed in subsection 194(1);

(

o) a discrepancy found in the inventory of explosives required by

Section 466.

(3) A record made under subsection (2) must be kept for as long as the mine is in

operation.

(4) The mine manager must give notice of a record completed under subsection (2) to

the committee or representative, if any, as soon as reasonably practicable and provide

a copy of the record to the committee or representative, if any, on request.

Investigation of reported occurrence

(1) If there is an occurrence of a type that requires a record to be made under subsection

32(2), all of the following must be done without delay:

(

a) measures reasonable in the circumstances must be taken to eliminate the cause

and to prevent a reoccurrence;

(

b) a notice of the occurrence must be posted at a conspicuous location at the

workplace;

(

c) an immediate investigation of the occurrence must be carried out.

(2) On completion of an investigation referred to in clause (1)(c), a written report of the

investigation must be prepared without delay that includes all of the following:

(a)wherever possible, an identification of the cause of the occurrence;

(

b) details of all unsafe conditions, acts or procedures that contributed in any

manner to the occurrence;

(

c) measures to be taken to prevent similar occurrences and a

schedule for

implementation of the measures;

(

d) the comments of the committee or representative, if any, on all of the

following:

(

i) the investigation into the occurrence,

(ii) the measures taken as a result of the investigation.

Filing of documents on initial development and shutdown of mine

(1) If an employer proposes to proceed with the initial development or construction of a

mine, or to re-enter a mine or to shut down, close or abandon a mine, they must do

all of the following by the deadline stated:

(

a) file with the Director the documents required in Sections 37 and 39 and the

mine plan, electrical installations plan, ground control procedure and

ventilation plan at least 90 days before proceeding with any of the activities;

(

b) at a coal mine, file with the Director the report required by

Section 198 at least

90 days before proceeding with any of the activities;

(

c) at a coal mine, file with the Director the document required in

Section 55 at

least 90 days before proceeding with any of the activities;

(

d) give the Director written notice, including the anticipated start date for the

activity, at least 30 days before proceeding with any of the activities.

Approvals required for subsea coal mine

(1) In this Section, all of the following

definitions apply:

“application” means documents or information respecting the plans, procedures or

programs referred to in subsection (7) and the activities referred to in subsection

(8) submitted to the Director for approval;

“approval” means an approval of an application issued in writing by the Director.

(2) An approval may be given only if no apparent violation of the Act or its regulations

is revealed in an application or in any information of which the Director is aware.

(3) An approval may be made subject to any terms or conditions the Director considers

appropriate to protect occupational health or safety.

(4) A person at a subsea coal mine must not carry out work that requires an approval

without an approval or without complying with the terms or conditions of the

approval.

(5) A person at a subsea coal mine must not transfer, sell, lease, assign or otherwise

dispose of an approval without the written consent of the Director.

(6) The Director may reconsider, vary, confirm, revoke or suspend an approval.

(7) An employer at a subsea coal mine must make an application to the Director for

approval for the following plans, procedures and programs:

(a)the mine plan;

(b)the electrical installations plan;

(c)the ground control procedure;

(d)the ventilation plan;

(e)the emergency preparedness program;

(

f) the coal dust minimization procedure required by subsection 186(1).

(8) In addition to the plans, procedures and programs referred to in subsection (7), an

employer at a subsea coal mine must make an application with the Director for

approval before proceeding with any of the following activities:

(

a) developing, constructing or re-entering a mine, as referred to in

Section 37;

(

b) introducing a significant change in procedures, technique or equipment or an

experimental activity, as referred to in

Section 38;

(

c) shutting down, closing or abandoning a mine, as referred to in

Section 39;

(

d) sinking or deepening a shaft, as referred to in

Section 40;

(

e) installing or making a major alteration of a mine hoisting plant, as referred to

Section 41;

(

f) constructing a fuel transfer system underground, a fuelling station underground

or an underground storage area for flammable material, as referred to in

Section 42;

(

g) constructing an explosion-proof barrier, a dam, a bulkhead or a permanent

stopping or sealing off an abandoned area, as referred to in

Section 43;

(

h) constructing an underground battery charging station, as referred to in

Section

44;

(

i) transporting persons for the first time by a shaft conveyance or mine car, or by

other means, as referred to in

Section 45;

(

j) designating an area as a non-explosion risk zone, as referred to in

Section 46;

(

k) installing equipment that is not intrinsically safe or not flameproof, as referred

to in

Section 47;

(

l) determining the minimum safe distance between any working and primary

access or auxiliary access, as referred to in

Section 48;

(

m) performing work within 100 m of hazards, as referred to in

Section 111;

(

n) work to advance towards a geological fault, as referred to in

Section 114;

(

o) backfilling an abandoned panel or abandoned stope, as referred to in

Section

117;

(

p) performing hot work, as referred to in

Section 162;

(

q) carrying out hotwork within a shorter period, as referred to in subsection

163(3);

(

r) working in an area where flammable gas may be encountered that requires

mine explosion suppression procedures and devices, as referred to in

subsections 185(1) and (2);

(

s) installing, energizing or using an electrical installation, as referred to in

Sections 192 and 195 and subsection 199(2);

(

t) mechanical work carried out by a competent person, as referred to in

subsection 205(3);

(

u) installing, energizing or using pneumatic-powered or hydraulic-powered

equipment, as referred to in

Section 208;

(

v) installing, operating and maintaining a booster fan, as referred to in

Section

227;

(

w) installing or operating an internal combustion engine, as referred to in

Section

263;

(

x) fuelling mobile equipment, as referred to in subsection 270(3);

(

y) operating mobile equipment, as referred to in subsection 290(1);

(

z) using remote-controlled equipment, as referred to in

Section 273;

(aa) operating a mine hoisting plant, as referred to in Sections 303 and 385;

(ab) using a raise climber, as referred to in

Part 12;

(ac) using explosives, as referred to in clauses 453(3)(

a) and (b);

(ad) using temporary storage boxes, as referred to in subsection 463(1);

(ae) drilling near loaded holes, as referred to in subsection 474(4);

(af) handling misfires, as referred to in

Section 504.

Documents to be certified by engineer

(1) A document required by Sections 37 to 48, the mine plan and the electrical

installations plan must be certified as adequate by an engineer.

(2) The ground control procedure must be certified as adequate by an engineer who is

competent in the types of ground control the employer proposes to use or uses.

(3) The ventilation plan must be certified as adequate by an engineer who is competent

in mine ventilation.

Report on proposed initial development or construction of mine, or re-entry into mine

37 An employer who proposes to proceed with the initial development or construction of a

mine or to re-enter a mine that has ceased development or production for 60 consecutive

days or more must file a report with the Director that includes all of the following:

(

a) descriptions and plans of all of the following:

(

i) the proposed mine,

(ii) the area of the mine from which the material will be extracted,

(iii) the locations of bodies of water and watercourses that might affect the

mine, including all of the following:

(

A) identification of any existing or proposed workings that are below a

body of water or watercourse,

(

B) if any existing or proposed workings are below a body of water or

watercourse, a description of the geological nature of the material

between the body of water or watercourse and the existing or

proposed workings,

(iv) the location of known faults or other structural geological disturbances

within or adjacent to the mine site,

(

v) the locations for storing ore, tailings and waste rock;

(

b) an engineer’s calculations of the expected strains on the mine roof and

overburden, including strata above the mine;

(

c) the proposed means by which the work will be carried out and the schedules

and equipment proposed for use in each phase of development and mining.

Report to committee on proposed significant change or experimental activity

38 An employer must ensure that a report is prepared on any significant change in procedures,

technique or equipment that is introduced or any experimental activity that may adversely

affect the health or safety of a person that is introduced, and submit a copy to the

committee or representative, if any, that includes details of the change or experimental

activity and its effect on health and safety, including ventilation, ground control and

equipment underground at the mine.

Report on shutdown, closure or abandonment of mine

39 An employer who proposes to shut down, close or abandon a mine must file a report with

the Director that includes all of the following:

(

a) details of the shutdown, closure or abandonment and its effect on ventilation,

ground control and equipment underground at the mine;

(

b) a procedure for the shutdown, closure or abandonment of the mine that

includes all of the following:

(

i) an intended date for the shutdown, closure or abandonment,

(ii) documents and instructions for the shutdown, closure or abandonment,

(iii) details of portal closure procedures and methods,

(iv) details for site security after the shutdown, closure or abandonment.

Report on shaft sinking or deepening

40 An employer who proposes to sink or deepen a shaft must ensure a report is prepared that

includes all of the following:

(

a) details on the ventilation of the shaft;

(

b) the manner in which water in the shaft will be handled or controlled;

(

c) in relation to shaft deepening, an updated ventilation plan;

(

d) details on the procedure and equipment that will be used in the shaft sinking or

deepening.

Report on the installation or major alteration of mine hoisting plant

41 An employer who proposes to install or make a major alteration to a mine hoisting plant

must ensure that an engineer designs the installation or alteration and prepares a report

respecting the installation or alteration.

Report on installation of fuel systems

42 An employer who proposes to construct a fuel transfer system underground, a fuelling

station underground or an underground storage area for flammable material must ensure a

report is prepared that includes all of the following:

(

a) if diesel fuel is to be transported, the procedure required by subsection 176(5)

for a diesel fuel transfer system;

(

b) if a diesel fuel pipeline is part of the system, the written specifications of the

manufacturer or an engineer required by clause 177(

a) for a diesel fuel pipeline

serving the underground;

(

c) a description of monitoring procedures to quantify airborne substances that

may be generated;

(

d) equipment and material lists and specifications.

Report on construction of barrier, dam, bulkhead or stopping or sealing off abandoned

areas

(1) Except as provided in subsection (2), an employer who proposes to construct an

explosion-proof barrier, a dam, a bulkhead or a permanent stopping or to seal off

abandoned areas of a coal mine must prepare a report that includes all of the

following:

(

a) a ventilation plan that reflects the changes in ventilation after the barrier, dam,

bulkhead, stopping or seal is constructed;

(

b) details of drainage;

(

c) details of design;

(

d) whether the barrier, dam, bulkhead, stopping or seal is designed to contain an

explosion;

(

e) for a dam, details on whether the dam is designed to hold back more than 1 m

high of water or to hold more than 50 000 L of water;

(

f) for a permanent seal in a coal mine, the procedures required by subsection

256(3).

(2) Subsection (1) does not apply to the construction of a dam that meets all of the

following criteria:

(

a) the dam is less than or equal to 1 m high and is designed to hold back less than

50 000 L of water;

(

b) the dam is located in a travelway or underground opening;

(

c) the dam is used solely for diverting the drainage on a mining level or storing

water for mining purposes.

Report on construction of battery charging station

44 An employer who proposes to construct an underground battery charging station must

prepare a report that includes all of the following:

(

a) details on air-flow directions and quantities for the battery charging station;

(

b) detailed specifications for the charging equipment and batteries;

(

c) a plan of the battery charging station showing the general arrangement and

location of the charging equipment and all other electrical installations in the

battery charging station;

(

d) the portion of the emergency preparedness program that describes the

procedure for fire-fighting in the battery charging station.

Report on transporting persons for first time

(1) An employer who proposes to transport persons underground by any means for the

1st time must prepare a report that includes all of the following:

(

a) the date of the intended 1st transport;

(

b) the maximum number of persons that are allowed to be transported at any 1

time in the shaft conveyance or mine car or by other means;

(

c) for a shaft conveyance, the procedure for commissioning the shaft conveyance

required by

Section 353;

(

d) for a mine car, the procedure for commissioning the mine car required by

Section 425.

(2) An employer must notify the Director at least 14 days before the date of the 1st

proposed transport of persons referred to in subsection (1).

Report on designation of area as non-explosion risk zone

46 An employer who proposes to designate an area of a coal mine as a non-explosion risk

zone under

Section 193 must file a report with the Director that includes the report of the

ventilation engineer required by subsection 193(2).

Report on use of equipment that is not intrinsically safe or not flameproof

(1) Except as provided in subsection (2), an employer at a coal mine who proposes to

install equipment underground that is not intrinsically safe or not flameproof must

file a report with the Director that includes all of the following:

(

a) the engineer’s certification required by clause 196(2)(a);

(

b) a plan showing the exact location of the equipment.

(2) A report does not have to be filed under subsection (1) for the replacement of an

existing piece of equipment if the replacement equipment is

(

a) of the same model, type and rating as the original equipment; and

(

b) from the same manufacturer as the original equipment.

Report on minimum safe distance between primary or auxiliary access and any working

(1) An employer must ensure that an engineer prepares a report to determine the

minimum safe distance between any working and primary access or auxiliary access

based on all of the following:

(

a) the rationale for determining the distance;

(

b) the method of drivage;

(

c) the method and type of ground control;

(

d) a geo-technical assessment by an engineer of the effects of the proposed work

on the primary access or auxiliary access, taking into consideration all of the

following:

(

i) geology,

(ii) method of mining,

(iii) depth of workings,

(iv) ground stresses,

(

v) length of time the access is intended to be used by persons entering or

leaving the mine.

(2) A geo-technical assessment described in clause (1)(

d) must include the engineer’s

opinion on the adequate functioning of the access.

Coal mine business plan and feasibility study

(1) If ordered by the Director, an employer who proposes to develop or construct a coal

mine must have the employer’s business plan and feasibility study assessed at the

employer’s expense by a financial expert approved by the Director.

(2) An employer must provide a financial expert with access to all information and

documentation in the employer’s possession that relates to the assessment of the

employer’s business plan and feasibility plan [study].

(3) An employer must instruct the financial expert to prepare and file a report on the

assessment under subsection (1) with the Director, in the manner ordered by the

Director, to ensure confidentiality of the business plan and feasibility study.

(4) An assessment ordered by the Director under subsection (1) must include all of the

following information:

(

a) an analysis of coal markets and production schedules;

(

b) estimated operating supplies and anticipated costs of the supplies;

(

c) financial details, including audited financial statements;

(

d) assets and cash reserves;

(

e) sensitivity analyses, including the anticipated effects of changes in market

conditions, supplies, price, timing, production costs, product quality, work

force, wage rates, taxes, equipment costs, maintenance costs or any other

relevant factor;

(

f) any factors the financial expert considers relevant to the financial viability of

the mine.

Update required for obsolete or outdated portions of documents

50 Despite any other requirement contained in these regulations, any obsolete or outdated

portions of the mine plan, electrical installations plan, ground control procedure and

ventilation plan must be updated monthly and updates kept at the mine.

Mine plan

(1) An employer must ensure that a competent person prepares a plan of the mine that

includes all of the following:

(

a) the boundaries of the property on which the mine is located;

(

b) the location of all of the following:

(

i) lakes, streams and other topographical features that might affect the

mine,

(ii)roads and railways,

(iii)electric power transmission lines,

(iv)main pipelines,

(v)buildings and other surface facilities,

(vi)shaft and slope openings,

(vii) surface workings,

(viii) dumps and waste disposal sites,

(ix)magazines on or adjacent to the mine site,

(

x) known boundaries of mine deposits,

(xi) adjacent mine boundaries within 500 m of all proposed workings,

(xii) drill holes that might intersect underground workings on the mine site;

(

c) separate plans of each underground level of the mine showing the location of

all major features, including all of the following:

(

i) workings,

(ii) working faces,

(iii) shafts,

(iv) slopes,

(

v) tunnels,

(vi) dams, bulkheads, stoppings, seals and barriers,

(vii) electrical substations,

(viii) magazines,

(ix) fuel storage areas,

(

x) shops,

(xi) service garages,

(xii) refuge stations,

(xiii) lunch rooms,

(xiv) airways,

(xv) escapeways,

(xvi) travelways,

(xvii) abandoned areas of the mine;

(

d) vertical plans showing all of the following:

(

i) shafts,

(ii) winzes,

(iii) tunnels,

(iv) drifts,

(

v) slopes,

(vi) raises,

(vii) adits and workings in relation to the surface and the top of the bedrock;

(

e) the location of any body of water dammed in the mine;

(

f) the elevation of the tops and bottoms of shafts and slopes;

(

g) the position, direction and extent of each known fault and the displacement of

the faults;

(

h) the direction and dip of the material being mined;

(

i) existing mine workings above or below the mine;

(

j) the location of telephone or other communication or signal installations.

(2) An employer must ensure that a plan required by subsection (1) includes the

estimated timing of any planned changes to the items required to be included in the

plan under subsection (1) for any activity during the 2 years following the

preparation of the plan.

(3) For each area underground, an employer must post a copy of the current mine plan

relating to that area and ensure that the plan remains posted for as long as it is

current.

Electrical installations plan

52 An employer must ensure that a plan of the electrical installations at a mine is prepared

that meets the requirements of clause 3.2.1 of CSA standard CAN/CSA-M421-00

(R2005), Use of Electricity in Mines .

Ground control procedure

(1) An employer must ensure that a ground control procedure is prepared for the mine to

prevent the unplanned fall of rock.

(2) A ground control procedure must include details of all of the following:

(

a) existing geological conditions, including the thickness of any relevant seams;

(

b) the type and thickness of strata between the roof and the surface and below the

floor for a depth of 3 m below the strata being mined;

(

c) the mining methods to be used;

(

d) any hazards related to ground control and an outline of the manner in which

these hazards will be handled;

(

e) the planned width of openings and size of any pillars;

(

f) the method of permanent and temporary ground support, including pillars,

mechanical devices or any other methods to be used, including the type,

sequence and spacing of permanent and temporary ground support materials or

devices;

(

g) a plan showing the location, size and spacing of pillars, mechanical devices or

any other methods of support;

(

h) the work procedures used to assess ground conditions;

(

i) the work procedures used to install any ground control devices;

(

j) if instruments or devices are installed to monitor ground conditions, a

description of how and when measurements will be taken, and a description of

how results will be recorded;

(

k) the work procedures used to construct, inspect, maintain and regularly monitor

the instruments and devices used to monitor the ground control system;

(

l) a system that ensures that a record is made on a plan included as part of the

ground control procedure of any unplanned fall of rock or any rockburst that

does any of the following:

(

i) impairs ventilation,

(ii) impedes the passage of persons,

(iii) causes injury to a person,

(iv) causes a person to withdraw from an area,

(

v) disrupts activities for more than 1 hour;

(

m) an adequate testing procedure for the ground supports;

(

n) how the effectiveness of the ground control procedure will be evaluated.

(3) An employer must maintain a written record of the results obtained from an

instrument or device used to monitor the ground control system and must keep the

record for at least 2 years after the earlier of the following dates:

(

a) the date that the underground area of the mine that is covered by the record

becomes abandoned;

(

b) the date that the instrument or device is no longer used.

Ventilation plan

54 An employer must ensure that plans are prepared describing the ventilation system that

show all of the following:

(

a) the location and description of all fans or air-moving devices;

(

b) the location and description of all surface openings;

(

c) the location of the measurement stations that are used to determine the air

flow;

(

d) the direction, velocity and air flow of the main air currents;

(

e) the location of all proposed and existing ventilation devices, including all of

the following:

(

i) main fans,

(ii) auxiliary fans,

(iii) booster fans,

(iv) ventilation doors and ventilation curtains,

(

v) airways and crossings,

(vi) air ducts,

(vii) brattices,

(viii) bulkheads,

(ix) flammable-gas drainage pipes and holes,

(

x) explosion-proof barriers,

(xi) stoppings,

(xii) seals,

(xiii) dams,

(xiv) overcasts,

(xv) undercasts,

(xvi) regulators,

(xvii) doors,

(xviii)connections with adjacent mines;

(

f) the location of all underground workings and splits;

(

g) the flow of air entering and leaving each working area;

(

h) the amount of air at each open crosscut in a room and pillar section;

(

i) cross-sectional areas of all travelways, tunnels and shafts and any other devices

or airways through which ventilating air is moved;

(

j) any means of heating the ventilating air;

(

k) any compressed air lines used for ventilation;

(

l) the location of all fixed ventilation monitoring equipment and remote sensing

equipment;

(

m) transportation systems for all of the following:

(

i) persons,

(ii) material being mined,

(iii) materials other than materials being mined;

(

n) the location of first aid stations and refuge stations;

(

o) the location of any non-explosion risk zone and the location and type of any

fixed equipment in the zone that is not intrinsically safe or not flameproof;

(

p) the location of obstructions to air flow.

Requirement for document estimating rate of flammable gas

55 An employer at a coal mine must ensure that a document is prepared estimating the rate of

flammable gas released at each stage of mining.

Mechanical equipment installations plan

56 An employer must ensure that a plan is prepared showing the location of non-mobile

mechanical equipment installations.

Plans of sections and meeting stations in coal mine

(1) The mine manager of a coal mine must prepare a plan and an employer at a coal

mine must ensure that the mine manager defines the limits of each

section in a coal

mine for which a supervisor is responsible on the plan so that

(

a) every working face, other than an area where work is being carried out to

repair or enlarge a travelway, is included within a section; and

(

b) each

section is small enough to permit a pre-shift inspection to be completed in

2 hours or less.

(2) An employer at a coal mine must ensure that the mine manager designates a meeting

station that is located at the entrance to each

section and ensures that the locations

are made known by doing all of the following:

(

a) marking the meeting stations clearly on the plan required by subsection (1);

(

b) causing a sign to be posted at each meeting station identifying it as a meeting

station.

(3) An employer must ensure that the plan required by subsection (1) is posted in a

conspicuous place at all meeting stations underground.

File plans once a year

58 An employer must file the mine plan, electrical installations plan, ground control

procedure and ventilation plan with the Director at least once in every 12 months after the

initial construction, development or re-entry of a mine has started, until the mine is

abandoned.

Filing fees and refunds

(1) Except as provided in

Section 60, an employer must pay the following fees to the

Division:

(

a) at the time a document, or any revision of the document, is filed with the

Director, the applicable fee set out in

Schedule A;

(

b) no later than 30 days after receiving an order of the Director requiring payment,

an amount equal to the difference between the following:

(

i) the actual cost incurred by the Director to review the document,

(ii) the filing fee paid under clause (

a) as set out in

Schedule A or as waived

or reduced in accordance with

Section 60.

(2) An employer must ensure that a fee paid under subsection (1) is accompanied by all

of the following information:

(

a) the number or letter of the provision of these regulations that requires filing the

document to which the fee relates, as set out in

Schedule A;

(

b) the amount of the required fee for the document filed, as set out in

Schedule A.

(3) An amount must not be charged under clause (1)(

b) if

(

a) the amount paid under clause (1)(

a) is more than the cost of reviewing the

document; or

(

b) the difference calculated under clause (1)(

b) is less than 10% of the amount of

the filing fee paid under clause (1)(

a) for the document.

(4) If the cost of reviewing or assessing a document filed under these regulations is less

than the filing fee paid under clause (1)(

a) for the document, the difference must be

refunded if it is more than 10% of the filing fee.

Waiver or reduction of filing fee

(1) An employer who is required to file a document required by these regulations may

apply in writing to the Director to have the filing fee required by clause 59(1)(

a) waived or reduced.

(2) If the Director determines that the likely cost associated with the filing of a document

required by these regulations will be less than the fee set out in

Schedule A, the

Director may waive or reduce the filing fee required by clause 59(1)(a).

Penalty for non-payment of fee

(1) Except as provided in subsection (2), an employer who fails to pay a fee required by

clause 59(1)(

a) or a reduced fee required by

Section 60 may be subject to an order

issued by the Director, in addition to any order for payment of the fee outstanding

under subsection 59(1), requiring payment of an administrative penalty in an amount

equal to the fee outstanding under subsection 59(1), and the employer is required to

pay both the fee and the penalty.

(2) If an employer has made an application under

Section 60, the fee outstanding under

clause 59(1)(

a) is not due unless and until the Director orders that it be paid.

Review of documents and notice of costs

(1) If the Director determines, based on the documents filed, that a review is necessary

to ascertain the adequacy of the information contained in the documents, the Director

must review the information in a timely manner.

(2) The Director must notify the employer when the review is complete and the notice

must state the cost of the review.

Part 3 - General Safety Requirements and Work Procedures

Designation by mine manager to position

63 Except as otherwise provided in these regulations for a person being trained, a person must

not perform the duties of a position that requires a designation unless the person has been

designated by an employer or the mine manager to the position.

Designation in writing

64 Unless these regulations specify otherwise, a designation required to be made by an

employer or the mine manager under these regulations must be in writing.

Designation of mine manager and alternate

(1) Before work involving the disturbance of ground starts at a mine, an employer must

designate all of the following:

(a) 1 competent person as the mine manager, and at a coal mine the competent

person must meet the qualifications set out in

Section 544;

(

b) at least 1 competent person as an alternate person to be responsible for

performing the duties of the mine manager if the mine manager is unable to

carry out the duties of mine manager, and at a coal mine the competent person

must meet the qualifications set out in

Section 544.

(2) If the mine manager vacates the position or otherwise ceases to perform the duties of

mine manager for 90 consecutive days, the employer must designate a new mine

manager.

Duties of mine manager

66 The mine manager or the mine manager’s alternate must perform all of the following

duties:

(

a) as far as is reasonably practicable, be at the mine while work is being carried

out;

(

b) take every precaution that is reasonable in the circumstances to ensure that the

requirements of the Act and its regulations are complied with.

Designation of underground manager at coal mine

67 The mine manager at a coal mine must designate a competent person who meets the

qualifications set out in

Section 545 as the underground manager who is responsible for

the overall supervision of operations underground.

Designation and numbers of supervisors

68 The mine manager must designate competent persons as supervisors, and at a coal mine

the persons must meet the qualifications set out in

Section 547, in numbers necessary to do

all of the following:

(

a) monitor the workplace sufficiently to ensure compliance with the Act and its

regulations;

(

b) ensure timely communication of information that is necessary to health and

safety among mine workers working at the mine;

(

c) ensure that gas tests and inspections of the workplace can be performed as

required under the Act and its regulations;

(

d) ensure that a person who follows plans, or has access to information from

plans, is a competent person;

(

e) provide technical assistance to or obtain technical assistance for any person

who needs it to ensure health or safety in accordance with the Act and its

regulations;

(

f) supervise the mine in accordance with the Act and its regulations.

Designation of mine workers

69 The mine manager must designate all persons who will regularly work underground as

mine workers.

Designations for mine hoisting plant

(1) At a mine at which a hoist is used, the mine manager must designate at least 1

competent person who meets the qualifications set out in

Section 536 as a hoist

operator.

(2) The mine manager must designate a competent person to be responsible for a mine

hoisting plant.

Designation of mine rescue workers and mine rescue team captain

(1) The mine manager must designate competent persons who meet the qualifications of

Section 539 as mine rescue workers in numbers that meet the requirements of

Section 143.

(2) The mine manager must designate a competent person who meets the qualifications

Section 541 as a mine rescue team captain for each mine rescue team established

at the mine.

Designation of mine rescue trainer

72 The mine manager must designate at least 1 competent person who meets the

qualifications of

Section 542 as a mine rescue trainer to conduct the mine rescue training

for the employer’s mine rescue teams.

Designation of mine examiner at coal mine

73 The mine manager at a coal mine must designate at least 1 competent person who meets

the qualifications of

Section 548 as a mine examiner.

Designation of mine surveyor in coal mine

74 The mine manager at a coal mine must designate at least 1 competent person who meets

the qualifications of

Section 549 as a mine surveyor.

Designation of electricians and mechanics at coal mine

(1) The mine manager at a coal mine must designate all of the following electricians:

(

a) at least 1 competent person who meets the qualifications set out in

Section 551

as a coal mine electrician;

(

b) at least 1 competent person who meets the qualifications set out in

Section 552

as a chief coal mine electrician.

(2) The mine manager at a coal mine must designate all of the following mechanics:

(

a) at least 1 competent person who meets the qualifications set out in

Section 553

as a coal mine mechanic;

(

b) at least 1 competent person who meets the qualifications set out in

Section 554

as chief coal mine mechanic.

More than 1 designation held by person

76 A person may hold more than 1 designation.

Verifying systems, procedures, equipment and installations

77 Before initial use, the performance of all systems, procedures, equipment and installations

at a mine that may affect health or safety must be verified and documented to ensure that

Monitors and meters

78 All monitors and meters must be constructed, operated, inspected, maintained, calibrated

and dismantled in accordance with

(

a) the manufacturer’s specifications; or

(

b) if there are no manufacturer’s specifications, written specifications certified by

an engineer.

Controlled access to and from mine

(1) A person must not enter a mine unless authorized by the mine manager or by law.

mine property and at each entrance to the underground.

(3) Except in an emergency, a person must enter and exit the underground by way of a

designated entrance or exit.

Recording and identification of all persons underground

(1) A check-in and check-out system must be prepared, implemented and maintained

that accurately identifies by name and number all persons who are underground at a

mine.

(2) The system referred to in subsection (1) must consist of all of the following:

(

a) a written record, check-board or lamp-check, or other adequate method, kept

on the surface in a place that will not be affected by an underground explosion;

(

b) a fireproof number tag that corresponds to the record of identification used

under clause (

a) that must be carried by the person it is assigned to when they

are underground.

Washing and changing facilities (wash house or mine dry)

(1) A separate facility for male mine workers and a separate facility for female mine

workers must be provided in which the workers may wash their bodies and change

and dry their clothing, and each facility must include a separate storage facility for

street clothes and working clothes.

(2) A facility required by subsection (1) must meet all of the following criteria:

(

a) it must not be located in a headframe, boiler room, engine room, bunkhouse or

lunchroom, unless the facility is located within a physically separate room in

the headframe, boiler room, engine room, bunkhouse or lunchroom;

(

b) it must not be located nearer than 15 m to a shafthead building or portal house,

unless the facility is constructed of non-combustible material;

(

c) it must be adequately heated, lit, and ventilated;

(

d) it must be kept clean and equipped with all of the following:

(

i) a means of drying hands,

(ii) an adequate supply of soap or other cleansing materials for washing

persons;

(

e) it must be provided with an adequate supply of hot and cold water;

(

f) it must be equipped with a minimum of 1 shower for every 10 persons who

may use the facility and are scheduled to leave the mine at the same time.

Communication procedure

(1) The mine manager must prepare a procedure to ensure timely communication of

information between supervisors and persons working at the mine about all of the

following:

(

a) the state of the ground control;

(

b) the state of the ventilation;

(

c) the presence of noxious or flammable gases;

(

d) any hazardous or potentially hazardous condition;

(

e) an emergency;

(

f) at a coal mine, a blast pattern where blasting occurs;

(

g) any information necessary to the health or safety of persons at the mine.

(2) The procedure required by subsection (1) must set out all of the following:

(

a) the means of communicating information;

(

b) the kind of information to be communicated;

(

c) the action to be taken by persons working at the mine with respect to the

information that is communicated to them.

(3) The procedure required by subsection (1) must be reviewed at least once every 12

months.

Use of radio frequencies

(1) An employer must ensure that radio frequencies that are used underground do not

cause any of the following:

(

a) the inadvertent operation of a blasting device that might respond to the radio

frequencies or the radiated energy;

(

b) the inadvertent over-riding of a remote control.

(2) If radio frequencies are used in an underground communications system, all of the

following conditions must be met:

(

a) the system design as installed must be certified by an engineer, indicating that

the system enables reliable communication underground at the mine and that

precautions have been taken in accordance with subsection (1);

(

b) a competent person must install the system.

Underground illumination

84 Permanent lighting of at least 50 lux must be installed at all permanent facilities

underground in a mine, except in travelways, ventilation shafts and any other areas where

work is not usually conducted.

Cap lamps provided while underground

(1) An employer must provide a person entering the underground with an adequate cap

lamp.

(2) A person must keep an adequate cap lamp in their possession while underground.

Cap lamp specifications

86 An employer must ensure that any cap lamp used underground is capable of providing a

peak illuminance of at least 1500 lux for 8 consecutive hours at 1.2 m from the light

source.

Procedure for cap lamps

(1) The mine manager must prepare a procedure for all of the following:

(

a) assessing cap lamps in accordance with the manufacturer’s specifications to

determine whether they are capable of meeting the requirements of

Section 86;

(

b) assembling, operating, inspecting and maintaining cap lamps in accordance

with the manufacturer’s specifications.

(2) At a coal mine, a cap lamp must be of a type that is approved for use in a coal mine

by any of the following:

(

a) the federal Department of Natural Resources;

(

b) MSHA;

(

c) an agency acceptable to the Director.

Self-rescuers

(1) An employer must provide each person who enters the underground with all of the

following:

(

a) an adequately maintained self-rescuer that meets the requirements of

subsection (2) or (4);

(

b) training in the use of a self-rescuer in accordance with the manufacturer’s

specifications.

(2) A self-rescuer must meet all of the following minimum criteria:

(

a) it provides protection against dust;

(

b) it has a capacity of at least 60 minutes at 1% by volume of carbon monoxide in

the air.

(3) A person must carry an adequate self-rescuer at all times while underground.

(4) If a person might travel underground to a point that is farther from the surface or a

refuge station than the distance an average person would walk in 30 minutes, 1 of the

following must be met:

(

a) the self-rescuer provided under subsection (1) must be capable of protecting

the user at 1% by volume of carbon monoxide in the air for at least twice the

time it would take the average person to walk to the surface or a refuge station,

whichever is closer, from the farthest point the person might travel to;

(

b) if the person has access to a self-contained breathing apparatus at the person’s

workplace, the self-contained breathing apparatus must be capable of

protecting the user for twice the time it would take the average person to walk

to the surface or a refuge station, whichever is closer, from the farthest point

the person might travel to;

(

c) caches of self-rescuers must be placed in adequate numbers at locations as

follows:

(

i) each cache must be located in an area in which precautions have been

taken to minimize contamination during an emergency,

(ii) each self-rescuer in a cache must be capable of providing protection for

twice the time it would take the average person to walk to the closest of

the following:

(

A) the next cache,

(

B) the surface,

(

C) a refuge station, and

(iii) each cache must be identified with adequate signage.

Procedure for assessing and maintaining self-rescuers and self-contained breathing

apparatuses

89 The mine manager must prepare a procedure for all of the following:

(

a) assessing self-rescuers and self-contained breathing apparatuses in accordance

with the manufacturers’ specifications to determine whether they are capable of

meeting the requirements of subsection 88(2) or (4);

(

b) operating and inspecting self-rescuers and self-contained breathing apparatuses

in accordance with the manufacturers’ specifications.

Quantitative fit testing of self-contained respiratory protective equipment

90 An employer must ensure that all persons who are expected to regularly use self-contained

respiratory protective equipment receive annual quantitative fit testing of their self-contained respiratory protective equipment.

Maximum hours of work underground

(1) In this Section, “longer shift” means a shift that is longer than 8 cumulative hours in

any consecutive 24 hours, as recorded from the time a person goes underground until

the person returns to the surface.

(2) A mine worker must not work, and a mine worker must not be asked to work, a

longer shift except in the following circumstances:

(

a) an emergency;

(

b) to occasionally perform unscheduled work necessary for the continuation of

normal production, if the need for doing the work during a longer shift could

not reasonably be foreseen;

(

c) on 1 day of a week, to change over their shift times or to avoid working on a

Sunday or holiday;

(

d) if the committee or the representative, if any, concludes, on the basis of

evidence gathered using recognized scientific practices, that a longer shift is

unlikely to expose the mine worker to a significantly increased health hazard.

(3) A person must not work underground longer than 16 hours in any 24-hour period.

Incentive bonus plans at coal mine

(1) In this Section, “incentive bonus” means a reward or benefit, whether monetary or

not, that is provided to any person and considers in any way the levels of production

or corporate financial performance at a coal mine.

(2) An employer at a coal mine must not offer an incentive bonus program other than in

accordance with this Section.

(3) An employer at a coal mine may offer an incentive bonus program that meets all of

the following criteria:

(

a) the program is developed following consultation with the employees and any

other person who will benefit from the incentive bonus program;

(

b) the program is based on all of the following:

(

i) measures that recognize and reward acceptable group safety

performance,

(ii) measures that recognize and reward acceptable individual safety

performance,

(iii) arrangements that allow all employees and any other persons at the

workplace, whether underground or not, to participate in the incentive

bonus program.

(4) The employer must provide a copy of any proposed incentive bonus program to the

Director and the committee or representative, if any, at least 90 days before the date

the program is to be implemented.

(5) The mine manager must request that the committee or representative, if any, provide

an opinion in writing, based on any evidence gathered, on whether the incentive

bonus program at the workplace could expose a person to an increased risk of an

incident, injury or accident.

(6) An employer must file an opinion provided under subsection (5) with the Director.

(7) An employer must not implement an incentive bonus program until 1 of the

following occurs:

(

a) the employer has received an opinion under subsection (5);

(

b) the committee or representative, if any, has been given a reasonable amount of

time and has not given an opinion under subsection (5).

Contact with person working alone underground

(1) Except as provided in subsection (2), a supervisor or person authorized by a

supervisor must visit a person who is alone in an underground area of the mine at

least once every 2 hours if personal contact with another person would not otherwise

be made at least once every 2 hours.

(2) Subsection (1) does not apply if all of the following conditions are met:

(

a) a device for communicating by voice is used by the person who is alone to

report to a supervisor or authorized person at least once every 2 hours;

(

b) the person who is alone is visited by a supervisor or authorized person at least

once during the person’s shift.

(3) A record of a report made under subsection (2) must be kept for at least 30 days.

Communication system

(1) A system of devices for communicating by voice must be provided, inspected and

maintained at a mine.

(2) A competent person who is qualified with respect to underground operations and in

performing the duties as outlined in the emergency preparedness program must be on

the surface at a mine site whenever a person is underground.

(3) Persons working underground must be able to immediately contact the person

referred to in subsection (2).

(4) A communication system at a mine must enable voice communication between the

person referred to in subsection (2) and any person at any of the following locations:

(

a) the collar of a shaft, including the collar of an internal shaft if a shaft

conveyance is used;

(

b) the portal of a slope, if a mine car is used;

(

c) the landing station of a shaft station or slope station;

(

d) a hoist station;

(

e) a first aid station;

(

f) a refuge station;

(

g) a maintenance shop, crusher station, lunchroom or conveyor transfer station;

(

h) any area ordered by the Director.

(5) A communication system at a mine must enable a person who is in a part of an

active working to contact someone outside that area.

Primary access and auxiliary access to underground

(1) A primary access and, except as provided in subsection (2), at least 1 auxiliary access

must be provided and maintained.

(2) An auxiliary access is not required during the exploration and preliminary

development of a production area or subsequent development of a new level in a

multi-level mine, other than at a coal mine under subsection (3).

(3) At a coal mine, the primary access must not advance more than 500 m without an

auxiliary access being provided to the underground.

(4) The primary access and auxiliary accesses, in combination, must provide at least 2

means of passage to the surface from each active working.

(5) There must be at least 30 m between the surface entrances of the primary access and

any auxiliary access.

(6) There must be at least 1 travelway joining the primary access and each auxiliary

access.

Signs indicating direction to accesses, stations, hydrants, extinguishers and caches

96 An employer must post signs in conspicuous places underground that are adequate in

number and size indicating the direction to, and the location of, all of the following:

(

a) the primary access and the nearest auxiliary access;

(

b) the nearest refuge stations or first aid stations;

(

c) the nearest fire hydrants and other non-portable fire-extinguishers;

(

d) if self-rescuer caches and self-contained breathing apparatus caches are used at

the mine, the nearest self-rescuer caches and self-contained breathing apparatus

caches.

Design of opening to surface

(1) Except as provided in subsection (2), each opening to the surface at a mine must be

certified as adequate by an engineer.

(2) Subsection (1) does not apply to drill holes and similar openings.

Minimum dimensions of travelway

(1) Except as provided in subsection (2), all travelways must be at least 1.5 m wide by

1.5 m high and must not contain any obstruction that would impede the passage of

persons wearing self-contained breathing apparatuses and carrying an injured person

on a stretcher.

(2) A travelway may be smaller than as required by subsection (1) if the mine manager

prepares a procedure for the evacuation of injured persons.

Minimum means of access within underground

(1) Except as provided in subsection (2), mining must not occur in a production area

unless there are at least 2 means of access to the primary access or an auxiliary

access.

(2) Mining may occur in a part of a production area that has only a single means of

access if the production area meets all of the following:

(

a) it is less than 250 m long;

(

b) it is mined by 1 of the following methods:

(

i) the room and pillar method, as long as no place in the area is more than

200 m from the means of access,

(ii) remote control, if no person is present in the production area.

(3) A 2nd means of access to the primary access must exist or an auxiliary access must

exist at any time there are persons in an area where a single means of access to the

area might not be usable.

Means of access within underground at mine

(1) A walkway, stairway, ladder or raise climber must be provided to an underground

area of a mine if the presence of a person in that area on a routine basis can

reasonably be anticipated.

(2) A stairway, ladder or raise climber must be provided for a travelway that is inclined

at more than 20° and less than 50° from the horizontal.

(3) A ladder that contains landing platforms at vertical intervals not exceeding 7.5 m or

a raise climber must be provided if a travelway is inclined at 50° or more from the

horizontal.

(4) If a ladder is inclined at more than 70° from the horizontal, the ladders between each

landing platform must be offset.

(5) Unless a raise climber or a raise borer is used, any raise inclined at over 50° from the

horizontal that is to be driven more than 18 m slope distance must be divided into at

least 2 components, 1 of which is maintained as a ladderway.

(6) Timbering used to divide a raise referred to in subsection (5) must be kept within a

safe distance of the face of the raise and the distance between the face of the raise

and the top of the timbering must not exceed 7.5 m.

Transporting employees close to work location

101 Transportation must be provided to employees to a point that is as close as reasonably

practicable to each w