PART 16Consumer Fireworks (continued)
Marginal note:Consumer fireworks quantity
336 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
337 Except as authorized by this Part, it is prohibited for a person to use consumer fireworks.
DIVISION 1Rules for Sellers
Acquisition for Sale
(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.
Marginal note:No sale from dwelling
339 A seller must not sell consumer fireworks from a dwelling.
Marginal note:Unobstructed exits
340 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
(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:
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;
(c) if the sales establishment is a tent, the tent is made from flame-retardant material.
- SOR/2016-75, s. 28(E)
Marginal note:Storage — licence holder
Marginal note:Storage — unlicensed retailer
(2) A retailer who does not hold a licence must store their consumer fireworks in a sales establishment other than a dwelling and ensure that the requirements of sections 343 to 349 are met.
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 fireworks
Marginal note:Aerial fireworks
(2) Aerial fireworks may be displayed for sale only if they are
Marginal note:Non-aerial and aerial fireworks
(3) Non-aerial and aerial fireworks may be displayed for sale only if they are displayed in accordance with section 346.
- SOR/2013-211, s. 506
- SOR/2016-75, s. 29
Marginal note:Adequate consumer pack
345 For the purposes of this Part, a consumer pack 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; and
(c) it must be designed so that it prevents any shifting of the consumer fireworks during handling or transportation; and
(d) the Footnote *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.
- SOR/2016-75, s. 39
- SOR/2018-231, s. 44(F)
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
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