Explosives Regulations, 2013 (SOR/2013-211)

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

PART 16Consumer Fireworks (continued)

DIVISION 1Rules for Sellers (continued)

Storage (continued)

Marginal note:Storage requirements — storage unit

 When consumer fireworks 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 consumer fireworks 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:Maximum quantity — licensed buyer

  •  (1) A seller must not sell more consumer fireworks 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 consumer fireworks to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell only to users.

Marginal note:Copy of rules

  •  (1) A distributor who sells consumer fireworks to a retailer must offer the retailer a copy of this Division.

  • Marginal note:Table

    (2) A seller who sells consumer fireworks to a user must offer the user either a copy of the table at the end of this Part or a document that includes the same information.

  • Marginal note:Exception

    (3) Subsection (2) does not apply to the sale of toy pistol caps.

Marginal note:Record of sale

 A seller must keep a record of every sale of 150 kg or more of consumer fireworks for two years after the date of the sale. The record 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 firework sold and the name of the person who obtained its authorization;

  • (d) the quantity of fireworks sold under each Footnote *product name;

  • (e) in the case of a sale by a distributor, an indication of whether the fireworks were purchased for re-sale or for use; and

  • (f) the date of the sale.

  • SOR/2016-75, s. 39.

DIVISION 2Rules for Users

Acquisition and Storage

Marginal note:Acquisition

  •  (1) A user who is at least 18 years old may acquire, store and use consumer fireworks, whether or not they hold a licence. A user who acquires consumer fireworks must comply with this Division.

  • Marginal note:Toy pistol caps

    (2) A user who is less than 18 years old may acquire and use toy pistol caps.

Marginal note:Storage — licensed user

  •  (1) A user who holds a licence must store their consumer fireworks in the magazine specified in the licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their consumer fireworks in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 356 and 357 are met.

Marginal note:Maximum quantity — dwelling

  •  (1) The maximum quantity of consumer fireworks that may be stored at any one time in a dwelling is 10 kg.

  • Marginal note:Maximum quantity — storage unit

    (2) The maximum quantity of consumer fireworks that may be stored at any one time in Footnote *storage units, whether in a single unit or in several, is 1 000 kg.

Marginal note:Storage requirements — dwelling

  •  (1) When consumer fireworks 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 consumer fireworks 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 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 consumer fireworks 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.

Use

Marginal note:Instructions

  •  (1) When using consumer fireworks, a user must follow the instructions of the person who obtained their authorization. If there are no such instructions, the fireworks must not be used.

  • Marginal note:Electric match

    (2) A user must not use an electric match to fire fireworks.

  • Marginal note:No smoking

    (3) A user must not smoke, and must prohibit all others from smoking, within 8 m of the site of use of the fireworks.

  • SOR/2016-75, s. 30.
 
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