Explosives Regulations, 2013 (SOR/2013-211)

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note:Distributor and retailer

227 A distributor or retailer may acquire, store and sell blank cartridges for tools whether or not they hold a licence. A distributor or retailer who acquires blank cartridges for tools must comply with this Division.

Storage

Marginal note:Licensed seller

• 228 (1) A seller who holds a licence must store their blank cartridges for tools in the magazine specified in their licence.

• Marginal note:Unlicensed retailer

  (2) A retailer who does not hold a licence must store their blank cartridges for tools in a sales establishment and must ensure that the requirements of sections 229 to 231 are met.

Marginal note:No display for sale

• 229 (1) Blank cartridges for tools must not be displayed for sale in a dwelling.

• Marginal note:Display for sale

  (2) Blank cartridges for tools that are displayed for sale in a sales establishment other than a dwelling must be kept behind a sales counter or locked up (for example, in a cabinet).

• Marginal note:Access

  (3) Only people authorized by the retailer may have access to the area behind a sales counter.

230 [Repealed, SOR/2018-231, s. 30]

Marginal note:Storage requirements — dwelling

• 231 (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 retailer.

• Marginal note:Storage requirements — storage unit

  (2) When blank cartridges for tools are stored in a Footnote ^*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 blank cartridges for tools may be stored in the storage unit;

  • (g) the storage unit must be Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Sale

Marginal note:Maximum quantity — licensed buyer

• 232 (1) A seller must not sell more blank cartridges for tools 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 blank cartridges for tools to an unlicensed buyer than the buyer is authorized by this Part to store.

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, whether or not they hold a licence. A user who acquires blank cartridges for tools must comply with this Division.

Marginal note:Storage — licensed user

• 235 (1) A user who holds a licence must store their blank cartridges for tools in the magazine specified in their licence.

• Marginal note:Storage — unlicensed user

  (2) A user who does not hold a licence must store their blank cartridges for tools in a dwelling or a Footnote ^*storage unit and must ensure that the storage requirements of sections 236 and 237 are met.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*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 blank cartridges for tools may be stored in the storage unit;

  • (g) the storage unit must be Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

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 Footnote ^*storage unit.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Storage requirements — storage unit

246 When low-hazard special purpose explosives are stored in a Footnote ^*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 Footnote ^*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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.