Explosives Regulations, 2013 (SOR/2013-211)
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Regulations are current to 2023-09-13 and last amended on 2023-06-03. Previous Versions
PART 13Special Purpose Explosives (continued)
Marginal note:Definitions
239 (1) The following definitions apply in this Part.
- distributor
distributor means a person who sells special purpose explosives to other distributors or to retailers, whether or not they sell to users. (distributeur)
- retailer
retailer means a person, other than a distributor, who sells special purpose explosives. (détaillant)
- seller
seller means a distributor or a retailer. (vendeur)
- user
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 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
240 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
241 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
242 (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
243 (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
244 (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
245 (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 storage unit.
Marginal note:Storage requirements — storage unit
246 When low-hazard special purpose explosives are stored in a 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 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
247 A seller must not sell low-hazard special purpose explosives from a dwelling.
Marginal note:Maximum quantity — licensed buyer
248 (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
249 A retailer may sell low-hazard special purpose explosives only to a user.
Marginal note:Record of sale
250 A seller must keep a record of every sale of more than 100 kg of low-hazard special purpose explosives. The record must be kept for two years after the date of the sale and 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 product name of each explosive sold and the name of the person who obtained its authorization;
(d) the quantity of explosives sold under each product name; and
(e) the date of the sale.
- SOR/2016-75, s. 39
- SOR/2018-231, ss. 44(F), 45(E)
- SOR/2022-121, s. 4
Rules for Users
Marginal note:Acquisition
251 A user may acquire and store low-hazard special purpose explosives, whether or not they hold a licence. A user who acquires low-hazard special purpose explosives must comply with this Division.
Marginal note:Storage — licensed user
252 (1) A user who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.
Marginal note:Storage — unlicensed user
(2) A user who does not hold a licence must store their low-hazard special purpose explosives in a dwelling or a storage unit and ensure that the requirements of sections 253 and 254 are met.
Marginal note:Maximum quantity
253 No more than 1 000 kg of low-hazard special purpose explosives may be stored at any one time, of which no more than 40 kg may be stored in a dwelling.
Marginal note:Storage requirements — dwelling
254 (1) When low-hazard special purpose explosives 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 low-hazard special purpose explosives are stored in a 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 special purpose explosives may be stored in the storage unit;
(g) the storage unit must be 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.
DIVISION 2High-hazard Special Purpose Explosives
Definition of licence
255 In this Division, licence means a licence that authorizes the storage of high-hazard special purpose explosives.
Rules for Sellers
Acquisition for Sale and Storage
Marginal note:Acquisition for sale
256 A seller may acquire, store and sell high-hazard special purpose explosives if they hold a licence. A seller who acquires high-hazard special purpose explosives must comply with this Division.
Marginal note:Storage
257 A seller must store their high-hazard special purpose explosives in the magazine specified in their licence.
Marginal note:Display for sale
258 A seller must not display high-hazard special purpose explosives for sale.
Sale
Marginal note:Maximum quantity — licensed buyer
259 (1) A seller must not sell more high-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 high-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.
Marginal note:Retailer
260 A retailer may sell high-hazard special purpose explosives only to a user.
Marginal note:Record of sale
261 A seller must keep a record of every sale of high-hazard special purpose explosives 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 product name of each explosive sold and the name of the person who obtained its authorization;
(d) the quantity of explosives sold under each product name; and
(e) the date of the sale.
- SOR/2016-75, s. 39
- SOR/2018-231, ss. 44(F), 45(E)
- SOR/2022-121, s. 4
Rules for Users
Marginal note:Acquisition
262 A user may acquire and store high-hazard special purpose explosives, whether or not they hold a licence. A user who acquires high-hazard special purpose explosives must comply with this Division.
Marginal note:Storage — licensed user
263 (1) A user who holds a licence must store their high-hazard special purpose explosives in the magazine specified in their licence.
Marginal note:Storage — unlicensed user
(2) A user who does not hold a licence must store their high-hazard special purpose explosives in a storage unit and ensure that the requirements of sections 264 and 265 are met.
Marginal note:Maximum quantity
264 No more than 20 kg of high-hazard special purpose explosives may be stored at any one time.
Marginal note:Storage requirements — storage unit
265 When high-hazard special purpose explosives are stored in a 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 special purpose explosives may be stored in the storage unit;
(g) the storage unit must be 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.
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