Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2018-12-12 and last amended on 2018-11-02. Previous Versions

PART 15Model and High-Power Rocket Motors (continued)

DIVISION 2High-power Rocket Motors (continued)

Rules for Users (continued)

Marginal note:Storage requirements — dwelling

  •  (1) When rocket motors, reloading kits or igniters 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 rocket motors, reloading kits or igniters 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 model rocket motors and reloading kits and igniters for model rocket motors may be stored with the rocket motors, reloading kits and igniters;

    • (g) if the rocket motors, reloading kits and igniters, and any model rocket motors or reloading kits or igniters for model rocket motors, are not in consumer packs, the motors and kits must be stored separately from the igniters (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.

Marginal note:Attendance

 Rocket motors, reloading kits and igniters must be Footnote *attended when they are not in storage.

PART 16Consumer Fireworks

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of consumer fireworks (type F.1) and regulates their use. Division 1 sets out rules for sellers, while Division 2 sets out rules for users.

Marginal note:Definitions

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

    distributor

    distributeur

    distributor means a person who sells consumer fireworks 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 consumer fireworks. (licence)

    retailer

    détaillant

    retailer means a person, other than a distributor, who sells consumer fireworks. (détaillant)

    seller

    vendeur

    seller means a distributor or a retailer. (vendeur)

    user

    utilisateur

    user means a person who acquires consumer fireworks for use. (utilisateur)

  • Marginal note:Storage

    (2) For the purposes of this Part, consumer fireworks are stored in a sales establishment 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:Consumer fireworks quantity

 A reference to a mass of consumer fireworks in this Part is a reference to their gross mass (the mass of the fireworks plus the mass of any packaging or container).

Marginal note:Prohibition on use

 Except as authorized by this Part, it is prohibited for a person to use consumer fireworks.

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

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

  • Marginal note:Retailer

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

Sales Establishment

Marginal note:No sale from dwelling

 A seller must not sell consumer fireworks from a dwelling.

Marginal note:Unobstructed exits

 A seller must ensure that their sales establishment has at least two unobstructed exits, that all aisles containing consumer fireworks are at least 1.2 m wide and that the aisles are not blocked at either end.

Marginal note:Retail sales establishment

  •  (1) The sales establishment of a retailer who does not hold a licence may be permanent (located in a permanent structure) or temporary (located in a tent, trailer or other temporary shelter).

  • Marginal note:Requirements

    (2) Whether the establishment is permanent or temporary, the retailer must ensure that

    • (a) the sales establishment is protected from unauthorized access when it is not open for business; and

    • (b) all places where consumer fireworks are stored, whether inside or outside the establishment, must be at least 100 m from all above-ground storage tanks for flammable substances in bulk and at least 8 m from the following:

      • (i) fuel dispensers at a fuel dispensing station,

      • (ii) retail propane-dispensing tanks and cylinders,

      • (iii) above-ground storage tanks for flammable substances, and

      • (iv) dispensing facilities for compressed natural gas.

  • Marginal note:Temporary sales establishment

    (3) If the sales establishment is temporary, the retailer must also ensure that

    • (a) all places where consumer fireworks are stored, whether inside or outside the establishment, are at least 8 m from all flammable materials, sources of ignition, thoroughfares, buildings or other temporary sales establishments and at least 3 m from any vehicle parking area;

    • (b) the fireworks areFootnote *attended at all times; and

    • (c) if the sales establishment is a tent, the tent is made from flame-retardant material.

  • SOR/2016-75, s. 28(E).
 
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