Explosives Regulations, 2013 (SOR/2013-211)

Sale

232 [Repealed, SOR/2024-77, s. 70]

Marginal note:Retailer

233 A retailer may sell blank cartridges for tools only to users.

DIVISION 2Rules for Users

Marginal note:Acquisition

234 A user may acquire and store blank cartridges for tools. A user who acquires or stores blank cartridges for tools must comply with this Division.

Marginal note:Storage

235 A user must store their blank cartridges for tools in a dwelling or a storage unit and must ensure that the storage requirements of section 237 are met.

236 [Repealed, SOR/2018-231, s. 31]

Marginal note:Storage requirements — dwelling

• 237 (1) When blank cartridges for tools 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 blank cartridges for tools are stored in a storage unit,

  • (a) the storage unit must be located away from flammable substances and sources of ignition;

  • (b) the interior of the storage unit must be kept clean and dry;

  • (c) the storage unit must be constructed and maintained to prevent unauthorized access and to protect the contents from weather;

  • (d) the storage unit must be attended when it is unlocked;

  • (e) if the storage unit is a container, it must not impede exit in case of fire;

  • (f) if the storage unit is not a container, all exits must be kept unobstructed;

  • (g) any shelving in the storage unit must be made from a non-sparking material (for example, wood or painted metal);

  • (h) if propellant powder, percussion caps, small arms cartridges, unmixed reactive targets or black powder cartouches are stored with blank cartridges for tools in the storage unit, they must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

  • (i) precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; and

  • (j) 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.

  • (k) [Repealed, SOR/2024-77, s. 72]

PART 13Special Purpose Explosives

Marginal note:Overview

238 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).

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.