Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Exception

347 Sections 343 to 346 do not apply to sparklers and toy pistol caps.

Marginal note:Maximum quantity

• 348 (1) No more than 1 000 kg of consumer fireworks may be stored in a sales establishment at any one time, including fireworks 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 at any one time, including fireworks that are displayed for sale.

• Marginal note:Place of storage

  (2) Consumer fireworks that are not displayed for sale must be stored in a Footnote ^*storage unit.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Storage requirements — storage unit

349 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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Sale

Marginal note:Maximum quantity — licensed buyer

• 350 (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

351 A retailer may sell only to users.

Marginal note:Copy of rules

• 352 (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

353 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 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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

DIVISION 2Rules for Users

Acquisition and Storage

Marginal note:Acquisition

• 354 (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

• 355 (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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Maximum quantity — dwelling

• 356 (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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.

Marginal note:Storage requirements — dwelling

• 357 (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.

• Return to footnote ^*Terms preceded by an asterisk are defined in section 6.