Explosives Regulations, 2013 (SOR/2013-211)

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

Marginal note:Definitions

 The following definitions apply in this Part.

licence

licence

licence means a licence that authorizes the storage of display fireworks and their accessories. (licence)

user

utilisateur

user means a person who acquires display fireworks or their accessories for use, which includes setting them up and firing them. (utilisateur)

Marginal note:Quantity of display fireworks

 A reference to a mass of display fireworks or their accessories 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:Use prohibited

 Except as authorized by this Part, it is prohibited for a person to use display fireworks or their accessories.

DIVISION 1Display Fireworks

Definition of fireworks

 In this Division, fireworks means display fireworks and fireworks accessories that are used with display fireworks.

SUBDIVISION aRules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition

 A seller may acquire, store and sell fireworks if they hold a licence. A seller who acquires fireworks must comply with this Division.

Marginal note:Storage
  •  (1) A seller must store their fireworks in the magazine specified in their licence.

  • Marginal note:Electric matches

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

Marginal note:No display for sale

 A seller must not display fireworks for sale.

Sale

Marginal note:Authorized buyers

 A seller may sell fireworks only to

  • (a) a person who holds a licence; or

  • (b) a user who holds the fireworks operator certificate that is required for use of the fireworks to be bought and who provides the seller with a copy of a Footnote *local authority’s approval to hold the fireworks display in which the fireworks will be used.

Marginal note:Maximum quantity — licensed buyer
  •  (1) A seller must not sell more fireworks 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 fireworks to an unlicensed buyer than the buyer is authorized by the Footnote *local authority to store or the quantity set out in section 426, whichever is less.

Marginal note:Record of sale

 A seller must keep a record of every sale of fireworks for two years after the date of the sale. The record must include the following information and documents:

  • (a) the buyer’s name and address;

  • (b) the number and expiry date of their licence or fireworks operator certificate;

  • (c) a copy of a Footnote *local authority’s approval to hold the fireworks display in which the fireworks will be used;

  • (d) the type and Footnote *product name of each firework sold and the name of the person who obtained its authorization;

  • (e) the quantity of fireworks sold under each Footnote *product name; and

  • (f) the date of the sale.

  • SOR/2016-75, s. 39.

SUBDIVISION bRules for Users

Fireworks Operator Certificates

Marginal note:Types of certificates

 The certificates issued by the Minister that are required for the use of fireworks are the following:

  • (a) fireworks operator certificate (display assistant);

  • (b) fireworks operator certificate (display supervisor);

  • (c) fireworks operator certificate (display supervisor with endorsement); and

  • (d) fireworks operator certificate (display visitor).

  • SOR/2016-75, s. 38.

Qualifications to Obtain a Certificate

Marginal note:Display assistant
  •  (1) To obtain a fireworks operator certificate (display assistant), a person must successfully complete the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Display supervisor

    (2) To obtain a fireworks operator certificate (display supervisor), a person must have acted as a display assistant in at least three fireworks displays within five years after the date on which the applicant completed the display fireworks safety and legal awareness course or its equivalent.

  • Marginal note:Display supervisor with endorsement

    (3) To obtain a fireworks operator certificate (display supervisor with endorsement), a person must hold a fireworks operator certificate (display supervisor) and must either

    • (a) successfully complete an advanced safety course, certified by the Minister, on the fireworks or display sites covered by the endorsement; or

    • (b) demonstrate to the Minister that, working under the direct supervision of a display supervisor in charge, they have obtained the necessary experience to safely carry out the activities covered by the endorsement.

  • Marginal note:Display visitor

    (4) To obtain a fireworks operator certificate (display visitor), a person must reside outside Canada and must have the experience necessary to safely carry out the activities of a holder of a fireworks operator certificate (display assistant).

  • SOR/2016-75, ss. 38, 44(F).

Application

Marginal note:Applying for certificate
  •  (1) An applicant for a fireworks operator certificate (display assistant) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of fireworks operators to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months; and

    • (d) proof that the applicant has successfully completed the display fireworks safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Late submission of proof

    (2) An applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.

  • Marginal note:Display supervisor

    (3) An applicant for a fireworks operator certificate (display supervisor) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of fireworks operators to which the applicant belongs;

    • (c) the number and expiry date of the applicant’s fireworks operator certificate;

    • (d) a photograph of the applicant taken within the previous 12 months;

    • (e) a copy of the applicant’s work journal that sets out

      • (i) the date and place of each fireworks display at which the applicant has worked and a description of the fireworks used,

      • (ii) the capacity in which the applicant acted at each fireworks display, and

      • (iii) the name of the display supervisor in charge at each fireworks display; and

    • (f) a letter of recommendation.

  • Marginal note:Endorsements

    (4) In an application for a fireworks operator certificate (display supervisor with endorsement), in addition to providing the information and documents referred to in subsection (3), the applicant must establish that they have acted as a display supervisor in charge in at least three fireworks displays within the previous five years and,

    • (a) for a large shell endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of large shells and which attests that the applicant is able to safely use the shells;

    • (b) for a nautical effects endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of nautical effects and which attests that the applicant is able to safely use the effects;

    • (c) for a flying saucer endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained in the use of flying saucers and which attests that the applicant is able to safely use flying saucers;

    • (d) for a rooftop site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a rooftop and which attests that the applicant is able to safely fire from a rooftop site;

    • (e) for a bridge site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a bridge and which attests that the applicant can safely fire from a bridge site;

    • (f) for a flatbed site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display at which the applicant was trained to fire fireworks from a flatbed and which attests that the applicant can safely fire from a flatbed site; or

    • (g) for a floating platform site endorsement, establish that they hold a fireworks operator certificate (display supervisor) and submit a letter that is signed by the display supervisor in charge of a display in which the applicant was trained to fire fireworks from a floating platform and which attests that the applicant can safely fire from a floating platform site.

  • Marginal note:Display visitor

    (5) An applicant for a fireworks operator certificate (display visitor) must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information and documents:

    • (a) the applicant’s name, date of birth, address, telephone number, fax number and email address;

    • (b) the name of any organization of fireworks operators to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months;

    • (d) a copy of the applicant’s resumé that sets out the displays in which they have used display fireworks and the people and organizations for which they have worked;

    • (e) a list of the fireworks displays in which they plan to participate while in Canada and the dates of the events; and

    • (f) the name, telephone number and number of the fireworks operator certificate of the supervisor in charge at each fireworks display in which they plan to participate.

  • Marginal note:Fees

    (6) An applicant for a fireworks operator certificate or for a modification to, or change of, a certificate must pay the applicable fees set out in Part 19.

  • SOR/2016-75, s. 38.
 
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