Explosives Regulations, 2013 (SOR/2013-211)
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Regulations are current to 2023-05-17 and last amended on 2018-11-02. Previous Versions
PART 12Blank Cartridges for Tools (continued)
- SOR/2016-75, s. 26
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.
- SOR/2016-75, s. 37
- SOR/2018-231, s. 29
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.
- SOR/2016-75, s. 37
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.
- SOR/2016-75, s. 37
230 [Repealed, SOR/2018-231, s. 30]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.
- SOR/2016-75, ss. 37, 46(E)
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.
- SOR/2016-75, s. 37
Marginal note:Retailer
233 A retailer may sell blank cartridges for tools only to users.
- SOR/2016-75, s. 37
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.
- SOR/2016-75, s. 37
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.
- SOR/2016-75, s. 37
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.
- SOR/2016-75, ss. 37, 46(E)
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).
- SOR/2016-75, s. 27
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.
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