Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Requirements for display

346 When consumer fireworks are displayed for sale, the following requirements must be met:

• (a) non-aerial fireworks in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

• (b) aerial fireworks in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

• (c) all other fireworks, whether aerial or non-aerial, must be separated into lots of 25 kg or less;

• (d) each lot must be separated from the other lots by a fire break;

• (e) the fireworks must be kept away from flammable substances and sources of ignition;

• (f) the fireworks must not be exposed to heat or dampness that might cause them to deteriorate;

• (g) the fireworks must be separated from the ceiling and from any fire prevention system by at least 0.6 m;

• (h) only people authorized by the retailer may have access to the area behind a sales counter;

• (i) smoking must be prohibited within 8 m of the fireworks; and

• (j) the fireworks must be attended when the sales establishment is unlocked.

Marginal note:Exception

347 Sections 343 to 346 do not apply to sparklers and toy pistol caps.

Marginal note:Maximum quantity

• 348 (1) No more than 1 000 kg of consumer fireworks may be stored in a sales establishment at any one time, including fireworks 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 at any one time, including fireworks that are displayed for sale.

• Marginal note:Place of storage

  (2) Consumer fireworks that are not displayed for sale must be stored in a storage unit.

Marginal note:Storage requirements — storage unit

349 When consumer fireworks 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 consumer fireworks 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:Maximum quantity — licensed buyer

• 350 (1) A seller must not sell more consumer fireworks 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 consumer fireworks to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

351 A retailer may sell only to users.

Marginal note:Copy of rules

• 352 (1) A distributor who sells consumer fireworks to a retailer must offer the retailer a copy of this Division.

• Marginal note:Table

  (2) A seller who sells consumer fireworks to a user must offer the user either a copy of the table at the end of this Part or a document that includes the same information.

• Marginal note:Exception

  (3) Subsection (2) does not apply to the sale of toy pistol caps.

Marginal note:Record of sale

353 A seller must keep a record of every sale of 150 kg or more of consumer fireworks 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 firework sold and the name of the person who obtained its authorization;

• (d) the quantity of fireworks sold under each product name;

• (e) in the case of a sale by a distributor, an indication of whether the fireworks were purchased for re-sale or for use; and

• (f) the date of the sale.

DIVISION 2Rules for Users

Acquisition and Storage

Marginal note:Acquisition

• 354 (1) A user who is at least 18 years old may acquire, store and use consumer fireworks, whether or not they hold a licence. A user who acquires consumer fireworks must comply with this Division.

• Marginal note:Toy pistol caps

  (2) A user who is less than 18 years old may acquire and use toy pistol caps.

Marginal note:Storage — licensed user

• 355 (1) A user who holds a licence must store their consumer fireworks in the magazine specified in the licence.

• Marginal note:Storage — unlicensed user

  (2) A user who does not hold a licence must store their consumer fireworks in a dwelling or a storage unit and ensure that the requirements of sections 356 and 357 are met.

Marginal note:Maximum quantity — dwelling

• 356 (1) The maximum quantity of consumer fireworks that may be stored at any one time in a dwelling is 10 kg.

• Marginal note:Maximum quantity — storage unit

  (2) The maximum quantity of consumer fireworks that may be stored at any one time in storage units, whether in a single unit or in several, is 1 000 kg.

Marginal note:Storage requirements — dwelling

• 357 (1) When consumer fireworks 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 consumer fireworks 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 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 consumer fireworks 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.

Use

Marginal note:Instructions

• 358 (1) When using consumer fireworks, a user must follow the instructions of the person who obtained their authorization. If there are no such instructions, the fireworks must not be used.

• Marginal note:Electric match

  (2) A user must not use an electric match to fire fireworks.

• Marginal note:No smoking

  (3) A user must not smoke, and must prohibit all others from smoking, within 8 m of the site of use of the fireworks.

Marginal note:User under 18 years old

• 359 (1) A user who is under the age of 18 may use consumer fireworks if they are supervised by a person who is at least 18 years old.

• Marginal note:Supervision

  (2) A person who acquires consumer fireworks may give them to a user who is under the age of 18 if the person ensures that the user is supervised by a person who is at least 18 years old.

• Marginal note:Toy pistol caps

  (3) The supervision requirement in subsections (1) and (2) does not apply in respect of toy pistol caps.