Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2019-04-25 and last amended on 2018-11-02. Previous Versions

PART 13Special Purpose Explosives (continued)

DIVISION 1Low-hazard Special Purpose Explosives (continued)

Rules for Sellers (continued)

Marginal note:Maximum quantity

  •  (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.

Marginal note:Storage requirements — storage unit

 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.

Sale

Marginal note:No sale from dwelling

 A seller must not sell low-hazard special purpose explosives from a dwelling.

Marginal note:Maximum quantity — licensed buyer

  •  (1) A seller must not sell more low-hazard special purpose explosives 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 low-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell low-hazard special purpose explosives only to a user.

Marginal note:Record of sale

 A seller must keep a record of every sale of more than 100 kg of low-hazard special purpose explosives. The record must be kept for two years after the date of the sale and 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 Footnote *product name of each explosive sold and the name of the person who obtained its authorization;

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

  • (e) the date of the sale.

  • SOR/2016-75, s. 39
  • SOR/2018-231, ss. 44(F), 45(E)

Rules for Users

Marginal note:Acquisition

 A user may acquire and store low-hazard special purpose explosives, whether or not they hold a licence. A user who acquires low-hazard special purpose explosives must comply with this Division.

Marginal note:Storage — licensed user

  •  (1) A user who holds a licence must store their low-hazard special purpose explosives in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their low-hazard special purpose explosives in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 253 and 254 are met.

Marginal note:Maximum quantity

 No more than 1 000 kg of low-hazard special purpose explosives may be stored at any one time, of which no more than 40 kg may be stored in a dwelling.

Marginal note:Storage requirements — dwelling

  •  (1) When low-hazard special purpose explosives 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 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 made 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.

DIVISION 2High-hazard Special Purpose Explosives

Definition of licence

 In this Division, licence means a licence that authorizes the storage of high-hazard special purpose explosives.

Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition for sale

 A seller may acquire, store and sell high-hazard special purpose explosives if they hold a licence. A seller who acquires high-hazard special purpose explosives must comply with this Division.

 
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