Explosives Regulations, 2013 (SOR/2013-211)
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Regulations are current to 2021-01-10 and last amended on 2018-11-02. Previous Versions
PART 17Special Effect Pyrotechnics (continued)
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(2) [Repealed, SOR/2018-231, s. 34]
- 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.
- SOR/2016-75, s. 39
- SOR/2018-231, ss. 44(F), 45(E)
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.
- SOR/2016-75, s. 38
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.
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