Explosives Regulations, 2013 (SOR/2013-211)

Sale

Marginal note:No sale from dwelling

247 A seller must not sell low-hazard special purpose explosives from a dwelling.

Marginal note:Maximum quantity — licensed buyer

• 248 (1) A seller must not sell more low-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.

• Marginal note:Maximum quantity — unlicensed buyer

  (2) A seller must not sell more low-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

249 A retailer may sell low-hazard special purpose explosives only to a user.

Marginal note:Record of sale

250 A seller must keep a record of every sale of more than 100 kg of low-hazard special purpose explosives. The record must be kept for two years after the date of the sale and must include the following information:

• (a) the buyer’s name and address;

• (b) in the case of a licensed buyer, the licence number and expiry date;

• (c) the Footnote ^*product name of each explosive sold and the name of the person who obtained its authorization;

• (d) the quantity of explosives sold under each product name; and

• (e) the date of the sale.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Rules for Users

Marginal note:Acquisition

251 A user may acquire and store low-hazard special purpose explosives, whether or not they hold a licence. A user who acquires low-hazard special purpose explosives must comply with this Division.

Marginal note:Storage — licensed user

• 252 (1) A user who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.

• Marginal note:Storage — unlicensed user

  (2) A user who does not hold a licence must store their low-hazard special purpose explosives in a dwelling or a Footnote ^*storage unit and ensure that the requirements of sections 253 and 254 are met.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Maximum quantity

253 No more than 1 000 kg of low-hazard special purpose explosives may be stored at any one time, of which no more than 40 kg may be stored in a dwelling.

Marginal note:Storage requirements — dwelling

• 254 (1) When low-hazard special purpose explosives are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects them from theft and ensures that access to them is limited to people authorized by the user.

• Marginal note:Storage requirements — storage unit

  (2) When low-hazard special purpose explosives are stored in a Footnote ^*storage unit,

  • (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

  • (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

  • (c) if the storage unit is a container, it must not impede exit in case of fire;

  • (d) if the storage unit is not a container, all exits must be kept unobstructed;

  • (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

  • (f) nothing other than special purpose explosives may be stored in the storage unit;

  • (g) the storage unit must be Footnote ^*attended when it is unlocked;

  • (h) the storage unit must be kept clean, dry, organized and free of grit;

  • (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

  • (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

  • (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

DIVISION 2High-hazard Special Purpose Explosives

Definition of licence

255 In this Division, licence means a licence that authorizes the storage of high-hazard special purpose explosives.

Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition for sale

256 A seller may acquire, store and sell high-hazard special purpose explosives if they hold a licence. A seller who acquires high-hazard special purpose explosives must comply with this Division.

Marginal note:Storage

257 A seller must store their high-hazard special purpose explosives in the magazine specified in their licence.

Marginal note:Display for sale

258 A seller must not display high-hazard special purpose explosives for sale.

Sale

Marginal note:Maximum quantity — licensed buyer

• 259 (1) A seller must not sell more high-hazard special purpose explosives to a licensed buyer than the buyer is authorized by their licence to store.

• Marginal note:Maximum quantity — unlicensed buyer

  (2) A seller must not sell more high-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

260 A retailer may sell high-hazard special purpose explosives only to a user.

Marginal note:Record of sale

261 A seller must keep a record of every sale of high-hazard special purpose explosives for two years after the date of the sale. The record must include the following information:

• (a) the buyer’s name and address;

• (b) in the case of a licensed buyer, the licence number and expiry date;

• (c) the Footnote ^*product name of each explosive sold and the name of the person who obtained its authorization;

• (d) the quantity of explosives sold under each product name; and

• (e) the date of the sale.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Rules for Users

Marginal note:Acquisition

262 A user may acquire and store high-hazard special purpose explosives, whether or not they hold a licence. A user who acquires high-hazard special purpose explosives must comply with this Division.

Marginal note:Storage — licensed user

• 263 (1) A user who holds a licence must store their high-hazard special purpose explosives in the magazine specified in their licence.

• Marginal note:Storage — unlicensed user

  (2) A user who does not hold a licence must store their high-hazard special purpose explosives in a Footnote ^*storage unit and ensure that the requirements of sections 264 and 265 are met.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Maximum quantity

264 No more than 20 kg of high-hazard special purpose explosives may be stored at any one time.

Marginal note:Storage requirements — storage unit

265 When high-hazard special purpose explosives are stored in a Footnote ^*storage unit,

• (a) the storage unit must be located in a dry place, away from flammable substances and sources of ignition;

• (b) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

• (c) if the storage unit is a container, it must not impede exit in case of fire;

• (d) if the storage unit is not a container, all exits must be kept unobstructed;

• (e) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

• (f) nothing other than special purpose explosives may be stored in the storage unit;

• (g) the storage unit must be Footnote ^*attended when it is unlocked;

• (h) the storage unit must be kept clean, dry, organized and free of grit;

• (i) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

• (j) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

• (k) a sign that displays the words “Danger — Fire Hazard/Risque d’incendie” in letters at least 10 cm high and that prohibits smoking using letters, or a symbol, at least 10 cm high must be posted on the storage unit in a clearly visible location.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

DIVISION 3Marine Flares

Marginal note:Disposal plan

• 266 (1) A distributor who sells marine flares, whether low-hazard or high-hazard, must implement the marine flare disposal plan included in their licence application.

• Marginal note:Return of flares

  (2) A distributor must accept the return of any marine flares sold by them that have expired.

• Marginal note:Destruction

  (3) The distributor must store any expired marine flares that are returned to them in the magazine specified in their licence and destroy them in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

• Marginal note:Annual report

  (4) If any expired marine flares are returned during a calendar year, the distributor must submit to the Chief Inspector of Explosives, by March 31 of the following year, a report that sets out the number of each type returned, whether low-hazard or high-hazard, and the number of each type destroyed, during the calendar year.

PART 14Small Arms Cartridges, Propellant Powder and Percussion Caps

Marginal note:Overview

267 This Part authorizes the acquisition, storage and sale of small arms cartridges and the Footnote ^*manufacture of small arms cartridges and black powder cartouches. Division 1 sets out the rules for sellers and users of commercially manufactured small arms cartridges (type C.1). It also sets out rules for storing small arms cartridges that are manufactured under Division 2. Division 2 sets out the rules for sellers and users of propellant powder (type P) and percussion caps (also known as primer) (type C.3) and for manufacturers of small arms cartridges and black powder cartouches.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Definitions

• 268 (1) The following definitions apply in this Part.

  black powder

  black powder means an explosive classified as type P.1. (poudre noire)

  propellant powder

  propellant powder means black powder and smokeless powder. (poudre propulsive)

  small arms cartridge

  small arms cartridge means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge. (cartouche pour armes de petit calibre)

  smokeless powder

  smokeless powder means an explosive classified as type P.2. (poudre sans fumée)

• Marginal note:Storage

  (2) For the purposes of this Part, small arms cartridges, propellant powder and percussion caps are stored in a sales establishment, including a dwelling, if they are

  • (a) inside the sales establishment, whether or not they are in a Footnote ^*storage unit or displayed for sale;

  • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

  • (c) in a licensed magazine that is either inside or outside the establishment.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Quantity of cartridges, powder or cartouches

269 A reference in this Part to the mass of a small arms cartridge, propellant powder or a black powder cartouche is a reference to its net quantity (the mass of the Footnote ^*explosive excluding the mass of any packaging, container, shell casing or projectile).

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

DIVISION 1Small Arms Cartridges

Marginal note:Definitions

270 The following definitions apply in this Division.

distributor

distributor means a person who sells small arms cartridges to other distributors or to retailers, whether or not they sell to users. (distributeur)

licence

licence means a licence that authorizes the storage of small arms cartridges. (licence)

Note: A licence that authorizes the storage of small arms cartridges may also authorize the storage of propellant powder, percussion caps and black powder cartouches.

retailer

retailer means a person, other than a distributor, who sells small arms cartridges. (détaillant)

seller

seller means a distributor or a retailer. (vendeur)

user

user means a person who acquires small arms cartridges for use. (utilisateur)