Explosives Regulations, 2013 (SOR/2013-211)

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.

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.

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.