Explosives Regulations, 2013 (SOR/2013-211)

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

• 271 (1) A distributor may acquire, store and sell small arms cartridges if they hold a licence. A distributor who acquires small arms cartridges must comply with this Division.

• Marginal note:Retailer

  (2) A retailer may acquire, store and sell small arms cartridges, whether or not they hold a licence. A retailer who acquires small arms cartridges must comply with this Division.

Storage

Marginal note:Licensed seller

• 272 (1) A seller who holds a licence must store their small arms cartridges in the magazine specified in their licence.

• Marginal note:Unlicensed retailer

  (2) A retailer who does not hold a licence must store their small arms cartridges in a sales establishment and must ensure that the requirements of sections 273 to 275 are met.

Marginal note:Attendance

• 273 (1) When a sales establishment is unlocked, small arms cartridges that are displayed for sale must be Footnote ^*attended, kept behind a sales counter or locked up (for example, in a cabinet).

• Marginal note:Access

  (2) Only people authorized by the retailer may have access to the area behind a sales counter.

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

Marginal note:Maximum quantity

• 274 (1) No more than 225 kg of small arms cartridges may be stored in a sales establishment at any one time, including cartridges that are displayed for sale.

  Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).

• Marginal note:Place of storage

  (2) Small arms cartridges that are not displayed for sale must be stored in a dwelling or a Footnote ^*storage unit.

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

Marginal note:Storage requirements — dwelling

• 275 (1) When small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the cartridges.

• Marginal note:Storage requirements — storage unit

  (2) When small arms cartridges 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 propellant powder and percussion caps may be stored with the small arms cartridges;

  • (g) small arms cartridges, propellant powder and percussion caps must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

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

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

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

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

  • (l) 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.

Sale

Marginal note:Maximum quantity — licensed buyer

• 276 (1) A seller must not sell more small arms cartridges 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 small arms cartridges to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

277 A retailer may sell small arms cartridges only to a user.

Rules for Users

Marginal note:Acquisition

278 A user may acquire and store small arms cartridges, whether or not they hold a licence. A user who acquires small arms cartridges must comply with this Division.

Marginal note:Storage — licensed user

• 279 (1) A user who holds a licence must store their small arms cartridges in the magazine specified in their licence.

• Marginal note:Storage — unlicensed user

  (2) A user who does not hold a licence must store their small arms cartridges, including any small arms cartridges Footnote ^*manufactured by the user under Division 2, in a dwelling or a Footnote ^*storage unit and ensure that the requirements of sections 280 and 281 are met.

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

Marginal note:Maximum quantity

280 No more than 225 kg of small arms cartridges may be stored at any one time.

Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).

Marginal note:Storage requirements — dwelling

• 281 (1) When small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the cartridges.

• Marginal note:Storage requirements — storage unit

  (2) When small arms cartridges 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 propellant powder, percussion caps or black powder cartouches may be stored with the small arms cartridges;

  • (g) small arms cartridges, propellant powder, percussion caps and black powder cartouches must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

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

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

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

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

  • (l) 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 2Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches

Marginal note:Definitions

• 282 (1) The following definitions apply in this Division.

  distributor

  distributor means a person who sells propellant powder or percussion caps to other distributors or to retailers, whether or not they sell to users. (distributeur)

  licence

  licence means a licence issued under the Explosives Act that authorizes the storage of the Footnote ^*explosive, whether propellant powder, percussion caps or black powder cartouches, that are to be sold, acquired or Footnote ^*manufactured.  (licence)

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

  retailer

  retailer means a person, other than a distributor, who sells propellant powder or percussion caps. (détaillant)

  seller

  seller means a distributor or a retailer. (vendeur)

  user

  user means a person who acquires propellant powder or percussion caps for use. (utilisateur)

• Marginal note:propellant powder

  (2) A reference in this Division to a mass of propellant powder does not include propellant powder that is in a small arms cartridge.

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

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

• 283 (1) A distributor may acquire, store and sell propellant powder and percussion caps if they hold a licence. A distributor who acquires propellant powder or percussion caps must comply with this Division.

• Marginal note:Retailer

  (2) A retailer may acquire, store and sell propellant powder and percussion caps, whether or not they hold a licence. A retailer who acquires propellant powder or percussion caps must comply with this Division.

Storage

Marginal note:Licensed seller

• 284 (1) A seller who holds a licence must store their propellant powder and percussion caps in the magazine specified in their licence.

• Marginal note:Separate storage

  (2) A seller must not store propellant powder and percussion caps in the same magazine.

Marginal note:Unlicensed retailer

285 A retailer who does not hold a licence must store their propellant powder and percussion caps in a sales establishment and must ensure that the requirements of sections 286 to 288 are met.

Marginal note:Display for sale — propellant powder

• 286 (1) No more than 12 kg of propellant powder, of which no more than 500 g may be black powder, may be displayed for sale.

• Marginal note:Size of container

  (2) Propellant powder that is displayed for sale must be in a container that holds no more than 500 g.

• Marginal note:Display for sale — percussion caps

  (3) No more than 10 000 percussion caps may be displayed for sale.

• Marginal note:Original packaging

  (4) Percussion caps that are displayed for sale must be in their original packaging.

• Marginal note:Precautions

  (5) Propellant powder and percussion caps that are displayed for sale must be kept behind a counter or locked up (for example, in a cabinet).

• Marginal note:Access

  (6) Only people authorized by the retailer may have access to the area behind a sales counter.

Marginal note:Place of storage

• 287 (1) Propellant powder and percussion caps that are not displayed for sale must be stored in a dwelling or a Footnote ^*storage unit.

• Marginal note:Original packaging

  (2) Percussion caps must be stored in their original packaging.

  Note: These Regulations do not limit the number of percussion caps that may be stored in their original packaging in a dwelling or a storage unit.

• Marginal note:Detached dwellings

  (3) The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.

• Marginal note:Other dwellings — smokeless powder

  (4) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

  • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

  • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

• Marginal note:Other dwellings — black powder

  (5) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

  • (a) 1 kg, if the black powder is in containers; or

  • (b) 3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.

• Marginal note:Detached storage unit

  (6) The maximum quantity of propellant powder that may be stored at any one time in storage units that are not attached to a dwelling, whether in a single unit or in several, is 75 kg.

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