Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-10-24 and last amended on 2016-04-15. Previous Versions

PART 13Special Purpose Explosives (continued)

DIVISION 3Marine Flares

Marginal note:Disposal plan

  •  (1) A distributor who sells marine flares, whether low-hazard or high-hazard, must implement the marine flare disposal plan included in their licence application.

  • Marginal note:Return of flares

    (2) A distributor must accept the return of any marine flares sold by them that have expired.

  • Marginal note:Destruction

    (3) The distributor must store any expired marine flares that are returned to them in the magazine specified in their licence and destroy them in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Annual report

    (4) If any expired marine flares are returned during a calendar year, the distributor must submit to the Chief Inspector of Explosives, by March 31 of the following year, a report that sets out the number of each type returned, whether low-hazard or high-hazard, and the number of each type destroyed, during the calendar year.

PART 14Small Arms Cartridges, Propellant Powder and Percussion Caps

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of small arms cartridges and the Footnote *manufacture of small arms cartridges and black powder cartouches. Division 1 sets out the rules for sellers and users of commercially manufactured small arms cartridges (type C.1). It also sets out rules for storing small arms cartridges that are manufactured under Division 2. Division 2 sets out the rules for sellers and users of propellant powder (type P) and percussion caps (also known as primer) (type C.3) and for manufacturers of small arms cartridges and black powder cartouches.

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    black powder

    poudre noire

    black powder means an explosive classified as type P.1. (poudre noire)

    propellant powder

    poudre propulsive

    propellant powder means black powder and smokeless powder. (poudre propulsive)

    small arms cartridge

    cartouche pour armes de petit calibre

    small arms cartridge means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge. (cartouche pour armes de petit calibre)

    smokeless powder

    poudre sans fumée

    smokeless powder means an explosive classified as type P.2. (poudre sans fumée)

  • Marginal note:Storage

    (2) For the purposes of this Part, small arms cartridges, propellant powder and percussion caps are stored in a sales establishment, including a dwelling, if they are

    • (a) inside the sales establishment, whether or not they are 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.

Marginal note:Quantity of cartridges, powder or cartouches

 A reference in this Part to the mass of a small arms cartridge, propellant powder or a black powder cartouche is a reference to its net quantity (the mass of the Footnote *explosive excluding the mass of any packaging, container, shell casing or projectile).

DIVISION 1Small Arms Cartridges

Marginal note:Definitions

 The following definitions apply in this Division.

distributor

distributeur

distributor means a person who sells small arms cartridges to other distributors or to retailers, whether or not they sell to users. (distributeur)

licence

licence

licence means a licence that authorizes the storage of small arms cartridges. (licence)

Note: A licence that authorizes the storage of small arms cartridges may also authorize the storage of propellant powder, percussion caps and black powder cartouches.

retailer

détaillant

retailer means a person, other than a distributor, who sells small arms cartridges. (détaillant)

seller

vendeur

seller means a distributor or a retailer. (vendeur)

user

utilisateur

user means a person who acquires small arms cartridges for use. (utilisateur)

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

  •  (1) A distributor may acquire, store and sell small arms cartridges if they hold a licence. A distributor who acquires small arms cartridges must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell small arms cartridges, whether or not they hold a licence. A retailer who acquires small arms cartridges must comply with this Division.

Storage

Marginal note:Licensed seller

  •  (1) A seller who holds a licence must store their small arms cartridges in the magazine specified in their licence.

  • Marginal note:Unlicensed retailer

    (2) A retailer who does not hold a licence must store their small arms cartridges in a sales establishment and must ensure that the requirements of sections 273 to 275 are met.

Marginal note:Attendance

  •  (1) When a sales establishment is unlocked, small arms cartridges that are displayed for sale must be Footnote *attended, kept behind a sales counter or locked up (for example, in a cabinet).

  • Marginal note:Access

    (2) Only people authorized by the retailer may have access to the area behind a sales counter.

Marginal note:Maximum quantity

  •  (1) No more than 225 kg of small arms cartridges may be stored in a sales establishment at any one time, including cartridges that are displayed for sale.

    Note: In accordance with section 269, the reference to 225 kg of small arms cartridges is a reference to their net quantity (the mass of the explosive excluding the mass of any packaging, container, shell casing or projectile).

  • Marginal note:Place of storage

    (2) Small arms cartridges that are not displayed for sale must be stored in a dwelling or a Footnote *storage unit.

Marginal note:Storage requirements — dwelling

  •  (1) When small arms cartridges are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the cartridges.

  • Marginal note:Storage requirements — storage unit

    (2) When small arms cartridges 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 propellant powder and percussion caps may be stored with the small arms cartridges;

    • (g) small arms cartridges, propellant powder and percussion caps must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

    • (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.

 
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