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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2022-07-25 and last amended on 2018-11-02. Previous Versions

PART 17Special Effect Pyrotechnics (continued)

DIVISION 2Rules for Users and Other Acquirers (continued)

SUBDIVISION cUsers with a Certificate (continued)

Acquisition and Storage

Marginal note:Acquisition

 A user may acquire and store special effect pyrotechnics, whether or not they hold a licence, if they hold the fireworks operator certificate required for use of the pyrotechnics to be acquired. However, a user who does not hold a licence must not acquire initiation systems or detonating cords. A user who acquires special effect pyrotechnics must comply with this subdivision.

Marginal note:Storage — licensed user

  •  (1) A user who holds a licence must store their special effect pyrotechnics in the magazine specified in their licence.

  • Marginal note:Exception

    (2) Despite subsection (1), a user who holds a licence may store up to 500 electric matches and up to 25 kg of other special effect pyrotechnics in a dwelling or a Footnote *storage unit. A user who does so must ensure that the requirements of sections 393 to 397 are met.

Marginal note:Storage — unlicensed user

 A user who does not hold a licence must store their special effect pyrotechnics in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 392 to 397 are met.

Marginal note:Maximum quantity

 No more than 500 electric matches and 25 kg of other special effect pyrotechnics may be stored at any one time.

Marginal note:Smokeless powder

  •  (1) Smokeless powder must be stored in its original container or in small arms cartridges.

  • Marginal note:Black powder

    (2) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches.

Marginal note:Detached dwelling

 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a Footnote *storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.

Marginal note:Other dwellings — smokeless powder

  •  (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is

    • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

    • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

  • Marginal note:Other dwellings — black powder

    (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit that is attached to a dwelling other than a detached dwelling, is

    • (a) 1 kg, if the black powder is in containers; and

    • (b) 3 kg less any quantity that is in containers, if the black powder is in Footnote *small arms cartridges or black powder cartouches.

Marginal note:Detached storage unit

 The maximum quantity of propellant powder that a user may store at any one time in a Footnote *storage unit that is not attached to a dwelling, whether in a single unit or in several, is 75 kg.

Marginal note:Storage requirements — dwelling

  •  (1) When special effects pyrotechnics are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the pyrotechnics from theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When special effect pyrotechnics 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 special effect pyrotechnics may be stored in the storage unit;

    • (g) propellant powder, firework accessories and other special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden partition);

    • (h) the storage unit must be Footnote *attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

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

    • (l) 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.

  •  (1) and (2) [Repealed, SOR/2018-231, s. 36]

  • Marginal note:Storage — site of use

    (3) Any Footnote *storage unit at the site of use must be located in an area that is not accessible to the public.

  • Marginal note:Storage — in magazine

    (4) Special effect pyrotechnics that are not stored in a locked storage unit must be stored in a magazine.

  • Marginal note:Pyrotechnics to be attended

    (5) Special effect pyrotechnics must be attended when they are not in a storage unit or a magazine.

  • SOR/2018-231, s. 36
Use

Marginal note:Pyrotechnician and visitor pyrotechnician

 A user who holds a fireworks operator certificate (pyrotechnician) or a fireworks operator certificate (visitor pyrotechnician) may use the following explosives:

  • (a) explosives that are classified as type F.3 and whose use by pyrotechnicians or visitor pyrotechnicians has been authorized by the Chief Inspector of Explosives under section 32 or 33 as well as all fireworks accessories;

  • (b) smokeless powder;

  • (c) explosives classified as type F.3, other than those referred to in paragraph (a), and black powder, but only under the direct supervision of a senior pyrotechnician or special effects pyrotechnician;

  • (d) special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; and

  • (e) initiation systems and detonating cord, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

Marginal note:Senior pyrotechnician

 A user who holds a fireworks operator certificate (senior pyrotechnician) may use the following explosives:

  • (a) explosives classified as type F.3, fireworks accessories, black powder and smokeless powder;

  • (b) special purpose pyrotechnics, but only under the direct supervision of a special effects pyrotechnician; and

  • (c) initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

Marginal note:Special effects pyrotechnician

  •  (1) A user who holds a fireworks operator certificate (special effects pyrotechnician) may

    • (a) assemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; and

    • (b) use initiation systems and detonating cords, but only under the direct supervision of a special effects pyrotechnician who holds a fireworks operating certificate (special effects pyrotechnician — detonating cord).

  • Marginal note:Special effects pyrotechnician — detonating cord

    (2) A user who holds a fireworks operator certificate (special effects pyrotechnician — detonating cord) may

    • (a) assemble at the site of use and use special purpose pyrotechnics, explosives classified as type F.3, fireworks accessories, black powder and smokeless powder; and

    • (b) use initiation systems and detonating cords.

Supervision of a Pyrotechnic Event

Marginal note:Pyrotechnician in charge

  •  (1) Every organizer of a pyrotechnic event must ensure that the event is supervised by a pyrotechnician in charge.

  • Marginal note:Responsibilities

    (2) The pyrotechnician in charge must ensure that the event is carried out safely and that the requirements of sections 403 to 408 are complied with.

Marginal note:Plan

  •  (1) A pyrotechnic event plan must be prepared in writing and kept for two years after the date of the pyrotechnic event. The plan must include the following information:

    • (a) the name of the pyrotechnician in charge and the number and expiry date of their fireworks operator certificate;

    • (b) a description of the site of the event, including the placement of the special effect pyrotechnics, the proximity of the audience and the location of every exit, every storage area for the pyrotechnics and every smoke detector that may be triggered by the pyrotechnics used in the event;

    • (c) the type and Footnote *product name of each special effect pyrotechnic that will be used and name of the person who obtained its authorization;

    • (d) a description of each special effect pyrotechnic;

    • (e) the anticipated height, duration and fallout effect of the effects of each special effect pyrotechnic;

    • (f) a description of the anticipated effects of each special purpose pyrotechnic;

    • (g) the method and sequence of firing the special effect pyrotechnics; and

    • (h) an assessment of the likelihood of harm to people or property resulting from the use of the special effect pyrotechnics.

  • Marginal note:Approval

    (2) The plan must be submitted to the Footnote *local authority. The written approval of the local authority to hold the pyrotechnic event must be obtained before the event takes place.

  • Marginal note:Safety meetings

    (3) Meetings must be held with the people who will participate in presenting the pyrotechnic event (for example, security guards, artists and technicians) to inform them of the special effect pyrotechnics that will be used and the safety precautions to be taken during the event. Subsequent meetings must be held if the event is changed in a way that increases the likelihood of harm to people or property resulting from the use of the pyrotechnics.

  • SOR/2016-75, s. 39
  • SOR/2018-231, s. 44(F)

Marginal note:Danger zone

  •  (1) A danger zone must be established, taking into account the properties of the special effect pyrotechnics to be used, how they will be positioned, the instructions of the person who obtained their authorization, the weather conditions if the pyrotechnic event is to be held outdoors and the likelihood of harm to people or property resulting from the use of the pyrotechnics.

  • Marginal note:Flammables

    (2) The danger zone must not contain any flammables or other items that are likely to catch fire.

  • Marginal note:Access

    (3) Only people authorized by the pyrotechnician in charge may enter or be in the danger zone from the time any special effect pyrotechnics are brought into the zone until the pyrotechnician in charge declares the zone to be free of explosives.

  • Marginal note:No smoking

    (4) Smoking must be prohibited in the danger zone.

  • SOR/2016-75, s. 33

Marginal note:Fire prevention and first aid

 During the pyrotechnic event, fire prevention measures that minimize the possibility of harm to people or property must be put in place and facilities, equipment and personnel for fire fighting and administering first aid that minimize the possibility of harm must be present at the site.

Marginal note:Instructions

  •  (1) When setting up and firing the special effect pyrotechnics, the instructions of the person who obtained their authorization must be followed.

  • Marginal note:Firing unit

    (2) Only the pyrotechnician in charge, or a person designated by the pyrotechnician in charge, may have access to the firing unit.

  • Marginal note:Physical keying device

    (3) The pyrotechnician in charge, or a person designated by the pyrotechnician in charge, must have control of any physical keying device at all times.

  • Marginal note:Safety interlock

    (4) The firing unit must be equipped with a safety interlock that has at least two steps.

  • Marginal note:Extraneous electricity

    (5) Precautions that minimize the likelihood of extraneous electricity igniting an electric match must be taken.

  • Marginal note:Device attached to body

    (6) Any device that is used to contain special effect pyrotechnics and is hand-held or attached to a person’s body must be equipped with a firing system that has two switches.

  • Marginal note:Connecting to power supply

    (7) A firing unit must not be connected to a power supply except during a test of circuit continuity or immediately before a special effect pyrotechnic is to be fired. The circuit continuity tester must be current-limited and intrinsically safe so as to eliminate the possibility of an ignition of any pyrotechnic.

  • Marginal note:Devices

    (8) Any device that is used to contain special effect pyrotechnics must be

    • (a) designed and manufactured to prevent fragmentation or distortion of the device;

    • (b) designed and manufactured to prevent or contain fragmentation of the pyrotechnics;

    • (c) mounted so as to prevent any change in position or direction when used;

    • (d) positioned and secured in a manner that minimizes the likelihood of harm to people and property; and

    • (e) maintained in good condition.

  • Marginal note:Damaged pyrotechnics

    (9) Special effect pyrotechnics that are damaged, leaking, damp or contaminated must not be used.

  • Marginal note:No firing

    (10) A special effect pyrotechnic must not be fired if a circumstance occurs that could increase the likelihood of harm to people or property.

  • Marginal note:Postponing or stopping event

    (11) A pyrotechnic event must be postponed or stopped if unfavourable weather conditions develop, a special effect pyrotechnic malfunctions or any other circumstance occurs that could increase the likelihood of harm to people or property.

  • SOR/2016-75, s. 34
 
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