Explosives Regulations, 2013 (SOR/2013-211)

Storage

Marginal note:Storage — licence holder

• 342 (1) A seller who holds a licence must store all their consumer fireworks in the magazine specified in their licence and ensure that the requirement of section 343 is met.

• 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.

Marginal note:Handling

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

• 344 (1) Non-aerial fireworks (flares, fountains, snakes, ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet);

  • (c) in consumer packs that meet the requirements of section 345; or

  • (d) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Aerial fireworks

  (2) Aerial fireworks may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet); or

  • (c) 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 and aerial fireworks

  (3) Non-aerial and aerial fireworks may be displayed for sale only if they are displayed in accordance with section 346.

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.

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

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

• (j) the fireworks must be Footnote ^*attended when the sales establishment is unlocked.

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

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.