Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-07-05 and last amended on 2016-04-15. Previous Versions

Sales Establishment

Marginal note:No sale from dwelling

 A seller must not sell consumer fireworks from a dwelling.

Marginal note:Unobstructed exits

 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
  •  (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.

  • SOR/2016-75, s. 28(A).

Storage

Marginal note:Storage — licence holder
  •  (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

 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
  •  (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

  • 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.

  • SOR/2013-211, s. 506;
  • SOR/2016-75, s. 29.
Marginal note:Adequate consumer pack

 For the purposes of this Part, a consumer pack must meet the following requirements:

  • (a) it must be of sufficient strength to withstand normal handling;

  • (b) it must be designed so that it prevents a person who is handling it from being able to ignite the consumer fireworks it contains; and

  • (c) it must be designed so that it prevents any shifting of the consumer fireworks during handling or transportation; and

  • (d) the Footnote *product name of all consumer fireworks in the pack must be printed on it, along with the words “Non-aerial Fireworks/Pièces pyrotechniques non aériennes”, in a location that is clearly visible.

  • SOR/2016-75, s. 39.
Marginal note:Requirements for display

 When consumer fireworks are displayed for sale, the following requirements must be met:

  • (a) non-aerial fireworks 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 must be separated into lots of 100 kg or less;

  • (b) aerial fireworks in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

  • (c) all other fireworks, whether aerial or non-aerial, must be separated into lots of 25 kg or less;

  • (d) each lot must be separated from the other lots by a fire break;

  • (e) the fireworks must be kept away from flammable substances and sources of ignition;

  • (f) the fireworks must not be exposed to heat or dampness that might cause them to deteriorate;

  • (g) the fireworks must be separated from the ceiling and from any fire prevention system by at least 0.6 m;

  • (h) only people authorized by the retailer may have access to the area behind a sales counter;

  • (i) smoking must be prohibited within 8 m of the fireworks; and

  • (j) the fireworks must be Footnote *attended when the sales establishment is unlocked.

Marginal note:Exception

 Sections 343 to 346 do not apply to sparklers and toy pistol caps.

Marginal note:Maximum quantity
  •  (1) No more than 1 000 kg of consumer fireworks may be stored in a sales establishment at any one time, including fireworks 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 at any one time, including fireworks that are displayed for sale.

  • Marginal note:Place of storage

    (2) Consumer fireworks that are not displayed for sale must be stored in a Footnote *storage unit.

 
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