Explosives Regulations, 2013 (SOR/2013-211)

Acquisition and Storage

Marginal note:Acquisition

424 A user may acquire fireworks, whether or not they hold a licence, if they hold the fireworks operator certificate required for the use of the fireworks to be acquired. A user who acquires fireworks must comply with this Division.

Marginal note:Storage — licence holder

• 425 (1) A user who holds a licence must store their fireworks in the magazine specified in their licence.

• Marginal note:Electric matches

  (2) A user must not store electric matches in a magazine in which other fireworks are stored.

Marginal note:Storage — display supervisor in charge

426 A user who is the display supervisor in charge of a display, whether or not they hold a licence, may store the fireworks to be used in a display –– to a maximum of 500 electric matches and 100 kg of other fireworks — in a Footnote ^*storage unit if they obtain the written approval of the Footnote ^*local authority to do so. The user must ensure that the requirements in section 427 are met.

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

Marginal note:Storage requirements — storage unit

427 When fireworks 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 Footnote ^*explosives classified as type F may be stored in the storage unit;

• (g) electric matches must be stored separately from other explosives (for example, on different shelves or separated by a wooden partition);

• (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.

Use

Marginal note:Display assistant and display visitor

428 A user may use fireworks if they hold a fireworks operator certificate (display assistant) or a fireworks operator certificate (display visitor) and use them under the direct supervision of the display supervisor in charge.

Marginal note:Display supervisor

• 429 (1) A user may use fireworks other than aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) and fire them from a site other than a rooftop, bridge, flatbed or floating platform.

• Marginal note:Endorsement required

  (2) A user may

  • (a) use aerial shells with a diameter of more than 155 mm, nautical shells and flying saucers if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement; and

  • (b) fire fireworks from a rooftop site, bridge site, flatbed site or floating platform site if they hold a fireworks operator certificate (display supervisor) that includes the required endorsement or they are under the direct supervision of a display supervisor in charge whose certificate includes the required endorsement.

SUBDIVISION cSupervision of a Fireworks Display

Definition of firing site

430 In this subdivision, firing site means the area within a display site where the fireworks are set up and fired.

Marginal note:Display supervisor in charge

• 431 (1) Every person who organizes a fireworks display must ensure that it is supervised by a display supervisor in charge.

• Marginal note:Responsibilities

  (2) The display supervisor in charge must ensure that the display is carried out safely and that the requirements in sections 432 to 438 are met.

Marginal note:Plan

• 432 (1) A fireworks display plan must be prepared in writing and kept for two years after the date of the display. The plan must include the following information:

  • (a) the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate;

  • (b) the location of any Footnote ^*storage units in which the fireworks to be displayed will be stored before or after the display;

  • (c) a description of the display site, including the distance in metres from the firing site to the nearest spectators, buildings, structures and Footnote ^*vulnerable sites;

  • (d) the type of fireworks to be used;

  • (d.1) the diameter in millimetres of the largest aerial shell to be used or, if no aerial shells are to be used, the maximum height the fireworks will reach during the display;

  • (e) the quantity of fireworks to be used;

  • (f) a description of how the fireworks will be positioned within the firing site and how they will be fired;

  • (g) a description of the crowd-control measures that will be taken; and

  • (h) an assessment of the likelihood of harm to people and property resulting from the use of the fireworks.

• Marginal note:Approval

  (2) The plan must be submitted to the Footnote ^*local authority. The written approval of the local authority to hold the fireworks display must be obtained before the display takes place.

• Marginal note:Safety meetings

  (3) Meetings must be held with all people who will participate in presenting the fireworks display (for example, security guards and technicians) to inform them of the fireworks that will be used and the safety precautions to be taken during the display. Subsequent meetings must be held if the display is changed in a way that increases the likelihood of harm to people or property resulting from the use of the fireworks.

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

Marginal note:Fireworks to be attended

433 The fireworks must be Footnote ^*attended when they are not in a Footnote ^*storage unit or a magazine.

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

Marginal note:Danger zone

• 434 (1) When the fireworks are brought to the firing site, a danger zone must be established whose outer boundary is at least 30 m from the perimeter of the firing site. A smaller danger zone may be established only with the written approval of the Footnote ^*local authority.

• Marginal note:Flammables

  (2) The danger zone must not contain any flammables or other items that are likely to catch fire.

• Marginal note:Fallout zone

  (3) Before the continuity of the circuits is tested or, in the case of manually fired fireworks, before the first firework is fired, a fallout zone must be established that encompasses the area in which fireworks debris is likely to fall, taking into account the properties of the fireworks to be used, the angle from which they will be fired and the anticipated weather conditions.

• Marginal note:Access

  (4) Only people authorized by the display supervisor in charge may enter or be in the danger zone or the fallout zone from the time any fireworks are brought into the zone until the supervisor in charge declares the zone to be free of Footnote ^*explosives.

• Marginal note:Handling

  (5) Only a person who holds a fireworks operator certificate (display assistant), fireworks operator certificate (display supervisor), fireworks operator certificate (display supervisor with endorsement) or fireworks operator certificate (display visitor) and is authorized by the display supervisor in charge may handle fireworks in the danger zone or fallout zone.

• Marginal note:No smoking

  (6) Smoking must be prohibited in the danger zone.

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

Marginal note:Fire prevention and first aid

435 During the fireworks display, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.

Marginal note:Firing procedures

• 436 (1) Fireworks must be positioned and aimed so that after firing they will not cross over or burst directly above the spectators and any debris from the fireworks will fall within the fallout zone.

• Marginal note:Aerial shells

  (2) When aerial shells are fired,

  • (a) the mortars and mortar racks that are used to fire the shells must be robust, in sound condition and otherwise safe and effective;

  • (b) the mortars and mortar racks must be assembled, arranged and secured in a manner that minimizes the likelihood of harm to people and property if there is a premature explosion of a shell;

  • (c) any support structures must be secured so that they do not fall over when a shell is fired; and

  • (d) multi-break shells in racks, report shells and shells with a diameter of more than 155 mm must be fired with electric matches.

• Marginal note:Access to firing unit

  (3) Only the display supervisor in charge, or a person designated by the display supervisor in charge, may have access to a firing unit.

• Marginal note:Physical keying device

  (4) The display supervisor in charge, or a person designated by the display supervisor in charge, must have control of any physical keying device at all times.

• Marginal note:Safety interlock

  (5) All firing units must be equipped with a safety interlock that has at least two steps.

• Marginal note:Extraneous electricity

  (6) Precautions must be taken that minimize the likelihood of extraneous electricity igniting an electric match.

• Marginal note:Connecting to power supply

  (7) A firing unit must not be connected to a power supply except during a test of circuit continuity or immediately before fireworks are to be fired. The circuit continuity tester must be current-limited and intrinsically safe so as to eliminate any possibility of an ignition.

• Marginal note:Damaged fireworks

  (8) Fireworks that are damaged, leaking, damp or contaminated must not be used.

• Marginal note:No firing

  (9) Fireworks must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.

• Marginal note:Postponing or stopping display

  (10) A fireworks display must be postponed or stopped if unfavourable weather conditions develop, a firework malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.

Marginal note:Firing unit disconnected

• 437 (1) The firing unit must be disconnected immediately after the fireworks display as well as during a pause in the display if keeping the unit connected could increase the likelihood of harm to people or property. When a unit is disconnected, any physical keying device must be removed and kept in the possession of the display supervisor in charge or a person designated by the display supervisor in charge.

• Marginal note:Electrical firing

  (2) The firing site must not be approached until 30 minutes after the display has ended if any fireworks used in the display were fired with an electric match.

• Marginal note:Manual firing

  (3) Misfired fireworks must not be approached until 30 minutes after the display has ended if the fireworks used in the display were manually fired.

• Marginal note:Precautions

  (4) Precautions must be taken that minimize the likelihood of harm to people and property from misfired fireworks.

• Marginal note:Search

  (5) As soon as the circumstances permit after the periods referred to in subsections (2) and (3), the fallout zone must be searched and all Footnote ^*explosives must be removed.

• Marginal note:Access

  (6) After the display, only people designated to do a search by the display supervisor in charge may enter or be in the fallout zone until the display supervisor in charge declares the zone to be free of explosives.

• Marginal note:Second search

  (7) The fallout zone must be searched more thoroughly as soon as light and weather conditions permit.

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

Marginal note:Record of use

438 A record of the display must be made in a logbook that sets out the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded display. The record must include the following information and documents:

• (a) a copy of the fireworks display plan prepared for the display;

• (b) a copy of the Footnote ^*local authority’s approval to hold the display;

• (c) the name and address of every person who worked at the display under the supervision of the display supervisor in charge; and

• (d) a description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with.

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