Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2017-12-11 and last amended on 2016-04-15. Previous Versions

PART 13Special Purpose Explosives

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of special purpose explosives. Division 1 sets out the rules for sellers and users of low-hazard special purpose explosives (type S.1: for example, highway flares, personal distress flares, bird scaring cartridges and fire extinguisher cartridges). Division 2 sets out the rules for sellers and users of high-hazard special purpose explosives (type S.2: for example, reactive targets, explosive bolts and cable cutters). Division 3 deals with the destruction of expired marine flares (type S.1 or S.2).

  • SOR/2016-75, s. 27.
Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    distributor

    distributeur

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

    retailer

    détaillant

    retailer means a person, other than a distributor, who sells special purpose explosives. (détaillant)

    seller

    vendeur

    seller means a distributor or a retailer. (vendeur)

    user

    utilisateur

    user means a person who acquires special purpose explosives for use. (utilisateur)

  • Marginal note:Storage

    (2) For the purposes of this Part, special purpose explosives are stored in a sales establishment if the explosives are

    • (a) inside the sales establishment, whether 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.

Marginal note:Explosive quantity

 A reference to the mass of a special purpose explosive in this Part is a reference to its gross mass (the mass of the explosives plus the mass of any packaging or container).

DIVISION 1Low-hazard Special Purpose Explosives

Definition of licence

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

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor
  •  (1) A distributor may acquire, store and sell low-hazard special purpose explosives if they hold a licence. A distributor who acquires low-hazard special purpose explosives must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell low-hazard special purpose explosives, whether or not they hold a licence. A retailer who acquires low-hazard special purpose explosives must comply with this Division.

Storage

Marginal note:Licensed seller
  •  (1) A seller who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.

  • Marginal note:Unlicensed retailer

    (2) A retailer who does not hold a licence must store their low-hazard special purpose explosives in a sales establishment other than a dwelling and ensure that the requirements of sections 244 to 246 are met.

Marginal note:Display for sale
  •  (1) Only highway flares, marine flares and personal distress flares may be displayed for sale.

  • Marginal note:Maximum quantity

    (2) No more than 1 000 kg of flares may be displayed for sale at any one time.

  • Marginal note:Precautions

    (3) Flares that are displayed for sale must be kept behind a sales counter or locked up (for example, in a cabinet) unless the flares are in consumer packs.

  • Marginal note:Access

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

  • Marginal note:Lots

    (5) Flares that are displayed for sale must be separated into lots of 25 kg or less. Each lot must be separated from the other lots by a fire break. The lots must be kept away from flammable substances and sources of ignition.

Marginal note:Maximum quantity
  •  (1) No more than 1 000 kg of low-hazard special purpose explosives may be stored in a sales establishment at any one time, including those that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg may be stored in the establishment at any one time, including explosives that are displayed for sale.

  • Marginal note:Place of storage

    (2) Low-hazard special purpose explosives that are not displayed for sale must be stored in a Footnote *storage unit.

Marginal note:Storage requirements — storage unit

 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 constructed 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.

Sale

Marginal note:No sale from dwelling

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

Marginal note:Maximum quantity — licensed buyer
  •  (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

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

 
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