Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Novelty devices unlicensed retailer

342.1 A retailer must store their novelty devices in a sales establishment other than a dwelling and ensure that the requirements respecting novelty devices in sections 345.1, 345.2, 346.1, 348 and 349 are met.

Marginal note:Handling

343 Consumer fireworks may be handled by a buyer only after they have been sold, unless they are 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.

Marginal note:Non-aerial consumer fireworks

• 344 (1) Non-aerial consumer fireworks (flares, fountains, snakes, ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet);

  • (c) in consumer packs that meet the requirements of section 345; or

  • (d) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Aerial consumer fireworks

  (2) Aerial consumer fireworks may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet); or

  • (c) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Non-aerial consumer and aerial consumer fireworks

  (3) Non-aerial consumer and aerial consumer fireworks may be displayed for sale only if they are displayed in accordance with section 346.

Marginal note:Adequate consumer pack — fireworks

345 For the purposes of this Part, a consumer pack of consumer fireworks must meet the following requirements:

• (a) it must be of sufficient strength to withstand normal handling;

• (b) it must be designed so that it prevents a person who is handling it from being able to ignite the consumer fireworks it contains;

• (c) it must be designed so that it prevents any shifting of the consumer fireworks during handling or transportation; and

• (d) the product name of all consumer fireworks in the pack must be printed on it, along with the words “Non-aerial Fireworks/Pièces pyrotechniques non aériennes”, in a location that is clearly visible.

Marginal note:Adequate consumer pack — novelty devices

345.1 For the purposes of this Part, a consumer pack of novelty devices must meet the following requirements:

• (a) it must be of sufficient strength to withstand normal handling;

• (b) it must be designed so that it prevents a person who is handling it from being able to ignite the novelty devices it contains; and

• (c) it must be designed so that it prevents any shifting of the novelty devices during handling or transportation.

Marginal note:Reuse of packaging

345.2 A seller must ensure that any packaging or container that has been used for consumer fireworks or novelty devices is not reused unless

• (a) the transport classification of the consumer fireworks or novelty devices to be transported remains unchanged;

• (b) the consumer fireworks or novelty devices to be transported are arranged in the packaging or container so as to minimize their movement during transport;

• (c) the packaging or container is closed for transport in the same manner as it was for its first use;

• (d) the mass of the consumer fireworks or novelty devices is equal to or less than the mass of the consumer fireworks or novelty devices during the first use of the packaging or container; and

• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

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:Novelty devices — displayed for sale

346.1 When novelty devices are displayed for sale, the following requirements must be met:

• (a) the novelty devices must be separated into lots of 25 kg or less;

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

• (c) the novelty devices must be kept away from flammable substances and sources of ignition; and

• (d) the novelty devices must not be exposed to heat or dampness that might cause them to deteriorate.

Marginal note:Exception

347 Sections 345.1 and 346.1 do not apply to sparklers or toy pistol caps.

Marginal note:Maximum quantity

• 348 (1) No more than 1 000 kg of consumer fireworks or novelty devices may be stored in a sales establishment at any one time, including consumer fireworks or novelty devices that are displayed for sale. If the sales establishment is located in a building that contains a dwelling, no more than 100 kg of consumer fireworks or novelty devices may be stored at any one time, including consumer fireworks or novelty devices that are displayed for sale.

• Marginal note:Place of storage

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

Marginal note:Storage requirements — storage unit

349 When consumer fireworks or novelty devices 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 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) precautions that minimize the likelihood of an ignition or fire in or near the storage unit must be taken; and

• (h) 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 or novelty devices 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. The copy of the table or the document may be provided by electronic means, such as a QR code.

• (3) [Repealed, SOR/2024-77, s. 106]

Marginal note:Record of sale

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

• (d) the quantity of consumer fireworks or novelty devices sold under each product name;

• (e) in the case of a sale by a distributor, an indication of whether the consumer fireworks or novelty devices 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:Acquisition — novelty devices

  (1.1) A user who is at least 16 years old may acquire, store and use novelty devices, whether or not they hold a licence. A user who acquires novelty devices must comply with this Division.

• Marginal note:Toy pistol caps

  (2) A user who is less than 16 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:Storage of novelty devices — unlicensed user

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

Marginal note:Maximum quantity — dwelling

• 356 (1) The maximum quantity of consumer fireworks or novelty devices, or of consumer fireworks and novelty devices combined, 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 or novelty devices that may be stored at any one time in storage units, whether in a single unit or in several, is as follows:

  • (a) 1 000 kg of consumer fireworks;

  • (b) 1 000 kg of novelty devices; or

  • (c) 1 000 kg of consumer fireworks and novelty devices combined.