Explosives Regulations, 2013 (SOR/2013-211)

Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition for sale

323 A seller may acquire, store and sell rocket motors, reloading kits and igniters if they hold a licence. A seller who acquires rocket motors, reloading kits or igniters must comply with this Division.

Marginal note:Storage

324 A seller must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

Marginal note:No display for sale

325 A seller must not display rocket motors or reloading kits for sale.

Sale

Marginal note:Maximum quantity — licensed buyer

• 326 (1) A seller must not sell more rocket motors, reloading kits or igniters 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 rocket motors, reloading kits or igniters to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

327 A retailer may sell rocket motors, reloading kits or igniters only to a user.

Marginal note:Record of sale

328 A seller must keep a record of every sale of a rocket motor, reloading kit or igniter 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 type, Footnote ^*product name and power level of each rocket motor and each reloading kit sold and the name of the person who obtained its authorization;

• (d) the product name of each igniter sold and the name of the person who obtained its authorization;

• (e) the number of motors, kits and igniters sold under each product name; and

• (f) the date of the sale.

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

Rules for Users

Marginal note:Acquisition

329 A user may acquire and store rocket motors, reloading kits and igniters, whether or not they hold a licence. A user who acquires rocket motors, reloading kits or igniters must comply with this Division.

Marginal note:Storage — licensed user

• 330 (1) A user who holds a licence must store their rocket motors, reloading kits and igniters in the magazine specified in their licence.

• Marginal note:Storage — unlicensed user

  (2) A user who does not hold a licence must store their rocket motors, reloading kits and igniters in a dwelling or a Footnote ^*storage unit and ensure that the requirements of sections 331 to 333 are met.

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

Marginal note:Maximum quantity — dwelling

• 331 (1) In the case of storage in a dwelling, no more than 10 kg of rocket motors and reloading kits (combined quantity) and no more than 40 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 10 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 40.

• Marginal note:Maximum quantity — storage unit

  (2) In the case of storage in a Footnote ^*storage unit, no more than 200 kg of rocket motors and reloading kits (combined quantity) and no more than 200 igniters may be stored at any one time. If model rocket motors or reloading kits for model rocket motors are stored with rocket motors or reloading kits, the combined quantity must not exceed 200 kg. If igniters for model rocket motors are stored with igniters, the combined quantity must not exceed 200.

• Marginal note:Rocket with motor installed

  (3) A high-power rocket in which a motor has been installed must not be stored.

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

Marginal note:Storage requirements — dwelling

• 332 (1) When rocket motors, reloading kits or igniters 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 rocket motors, reloading kits or igniters 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 model rocket motors and reloading kits and igniters for model rocket motors may be stored with the rocket motors, reloading kits and igniters;

  • (g) if the rocket motors, reloading kits and igniters, and any model rocket motors or reloading kits or igniters for model rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (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.

Marginal note:Attendance

333 Rocket motors, reloading kits and igniters must be Footnote ^*attended when they are not in storage.

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

PART 16Consumer Fireworks

Marginal note:Overview

334 This Part authorizes the acquisition, storage and sale of consumer fireworks (type F.1) and regulates their use. Division 1 sets out rules for sellers, while Division 2 sets out rules for users.

Marginal note:Definitions

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

  distributor

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

  licence

  licence means a licence that authorizes the storage of consumer fireworks. (licence)

  retailer

  retailer means a person, other than a distributor, who sells consumer fireworks. (détaillant)

  seller

  seller means a distributor or a retailer. (vendeur)

  user

  user means a person who acquires consumer fireworks for use. (utilisateur)

• Marginal note:Storage

  (2) For the purposes of this Part, consumer fireworks are stored in a sales establishment 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:Consumer fireworks quantity

336 A reference to a mass of consumer fireworks in this Part is a reference to their gross mass (the mass of the fireworks plus the mass of any packaging or container).

Marginal note:Prohibition on use

337 Except as authorized by this Part, it is prohibited for a person to use consumer fireworks.

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

• 338 (1) A distributor may acquire, store and sell consumer fireworks if they hold a licence. A distributor who acquires consumer fireworks must comply with this Division.

• Marginal note:Retailer

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

Sales Establishment

Marginal note:No sale from dwelling

339 A seller must not sell consumer fireworks from a dwelling.

Marginal note:Unobstructed exits

340 A seller must ensure that their sales establishment has at least two unobstructed exits, that all aisles containing consumer fireworks are at least 1.2 m wide and that the aisles are not blocked at either end.

Marginal note:Retail sales establishment

• 341 (1) The sales establishment of a retailer who does not hold a licence may be permanent (located in a permanent structure) or temporary (located in a tent, trailer or other temporary shelter).

• Marginal note:Requirements

  (2) Whether the establishment is permanent or temporary, the retailer must ensure that

  • (a) the sales establishment is protected from unauthorized access when it is not open for business; and

  • (b) all places where consumer fireworks are stored, whether inside or outside the establishment, must be at least 100 m from all above-ground storage tanks for flammable substances in bulk and at least 8 m from the following:

    • (i) fuel dispensers at a fuel dispensing station,

    • (ii) retail propane-dispensing tanks and cylinders,

    • (iii) above-ground storage tanks for flammable substances, and

    • (iv) dispensing facilities for compressed natural gas.

• Marginal note:Temporary sales establishment

  (3) If the sales establishment is temporary, the retailer must also ensure that

  • (a) all places where consumer fireworks are stored, whether inside or outside the establishment, are at least 8 m from all flammable materials, sources of ignition, thoroughfares, buildings or other temporary sales establishments and at least 3 m from any vehicle parking area;

  • (b) the fireworks areFootnote ^*attended at all times; and

  • (c) if the sales establishment is a tent, the tent is made from flame-retardant material.

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

Storage

Marginal note:Storage — licence holder

• 342 (1) A seller who holds a licence must store all their consumer fireworks in the magazine specified in their licence and ensure that the requirement of section 343 is met.

• Marginal note:Storage — unlicensed retailer

  (2) A retailer who does not hold a licence must store their consumer fireworks in a sales establishment other than a dwelling and ensure that the requirements of sections 343 to 349 are met.

Marginal note:Handling

343 Consumer fireworks may be handled by a buyer only after they have been sold, unless they are in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

Marginal note:Non-aerial fireworks

• 344 (1) Non-aerial fireworks (flares, fountains, snakes, ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet);

  • (c) in consumer packs that meet the requirements of section 345; or

  • (d) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Aerial fireworks

  (2) Aerial fireworks may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet); or

  • (c) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Non-aerial and aerial fireworks

  (3) Non-aerial and aerial fireworks may be displayed for sale only if they are displayed in accordance with section 346.