Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Prohibition on use

363 Except as authorized by this Part, it is prohibited for a person to use special effect pyrotechnics.

DIVISION 1Rules for Sellers

Acquisition for Sale and Storage

Marginal note:Acquisition

364 A seller may acquire, store and sell special effect pyrotechnics if they hold a licence. A seller who acquires special effect pyrotechnics must comply with this Division.

Marginal note:Storage

• 365 (1) A seller must store their special effect pyrotechnics in the magazine specified in their licence.

• (2) [Repealed, SOR/2018-231, s. 34]

Marginal note:No display for sale

366 A seller must not display special effect pyrotechnics for sale.

Marginal note:Transfer of powder

367 A seller must not transfer propellant powder from one container to another for the purpose of sale unless their licence authorizes them to do so.

Sale

Marginal note:Certificate required

• 368 (1) A seller may sell special effect pyrotechnics only to a buyer who holds the fireworks operator certificate that is required for use of the pyrotechnics that are to be bought.

• Marginal note:Licence and certificate required

  (2) A seller may sell initiation systems or detonating cord only to a buyer who holds a licence and a fireworks operator certificate (special effects pyrotechnician — detonating cord).

• Marginal note:Exception

  (3) Despite subsection 1, a seller may sell flash cotton, flash paper, flash string, sparkle string or propellant powder to a buyer who holds neither a licence nor a fireworks operator certificate.

• Marginal note:Licence required

  (4) A seller may sell special effect pyrotechnics to a buyer who is not a user only if the buyer holds a licence.

Marginal note:Maximum quantity — licensed buyer

• 369 (1) A seller must not sell more special effect pyrotechnics 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 special effect pyrotechnics to an unlicensed buyer than the buyer is authorized by this Part to store.

Marginal note:Identification

• 370 (1) Before selling special effect pyrotechnics, the seller must require the buyer to establish their identity by showing either

  • (a) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the user; or

  • (b) two pieces of identification, each of which sets out the buyer’s name, at least one of which is issued by the Government of Canada or a provincial, municipal or foreign government and at least one of which sets out the buyer’s address.

• Marginal note:Comparison

  (2) If the buyer provides a piece of identification that bears a photograph, the seller must, before selling the special effect pyrotechnics, ensure that the photograph is that of the buyer.

Marginal note:Record of sale

371 A seller must keep a record of every sale of special effect pyrotechnics for two years after the date of the sale. The record must include the following information:

• (a) the buyer’s name and address;

• (b) if applicable, the number and expiry date of the buyer’s licence and, if applicable, the number and expiry date of the buyer’s fireworks operator certificate;

• (c) the type and Footnote ^*product name of each special effect pyrotechnic sold and the name of the person who obtained its authorization;

• (d) the quantity of special effect pyrotechnics sold under each product name;

• (e) a short description of the effects of any Footnote ^*explosive article sold;

• (f) the size of the container in which any propellant powder was sold; and

• (g) the date of the sale.

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

DIVISION 2Rules for Users and Other Acquirers

SUBDIVISION aUsers without a Licence or Certificate

Flash Cotton, Flash Paper, Flash String and Sparkle String

Marginal note:Acquisition

372 A user who holds neither a fireworks operator certificate nor a licence may acquire, store and use flash cotton, flash paper, flash string and sparkle string.

Marginal note:Storage

373 A user who acquires flash cotton, flash paper, flash string or sparkle string must store it in a dwelling or a Footnote ^*storage unit and ensure that the requirements of sections 374, 382 and 383 are met.

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

Marginal note:Maximum quantity

374 No more than 200 g of flash cotton, 1 kg of flash paper, 200 g of flash string and 200 g of sparkle string may be stored at any one time.

Percussion Caps and Propellant Powder Used in Historical Re-enactments

Marginal note:Acquisition

• 375 (1) A user who holds neither a fireworks operator certificate nor a licence may acquire, store and use percussion caps and propellant powder, if the caps and powder are acquired for use in original or reproduction firearms in an historical re-enactment.

• Marginal note:Requirements for use

  (2) A user who acquires percussion caps and propellant powder for an historical re-enactment

  • (a) must have the written approval of the Footnote ^*local authority to hold the re-enactment or must be under the supervision of a person who has that approval; and

  • (b) must have experience in the safe use of explosives in historical re-enactments, have completed a course on this use certified by the Minister or be under the supervision of a person who has that experience or has completed such a course.

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

Marginal note:Storage

376 A user must store their percussion caps and propellant powder in a dwelling or in a Footnote ^*storage unit and ensure that the requirements of sections 377 to 380, 382 and 383 are met.

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

Marginal note:Percussion caps

• 377 (1) Percussion caps must be stored in their original packaging.

• Marginal note:Smokeless powder

  (2) Smokeless powder must be stored in its original container or in Footnote ^*small arms cartridges.

• Marginal note:Black powder

  (3) Black powder must be stored in its original container, in small arms cartridges or in black powder cartouches.

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

Marginal note:Detached dwellings or site of use

378 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, in a Footnote ^*storage unit attached to a detached dwelling or in a storage unit at the site of use is 25 kg, of which no more than 10 kg may be black powder.

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