Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2019-07-01 and last amended on 2018-11-02. Previous Versions

PART 18Display Fireworks (continued)

DIVISION 2Firecrackers (continued)

SUBDIVISION bRules for Users (continued)

Marginal note:Application for certificate

 An applicant for a firecracker use certificate must complete, sign and send to the Chief Inspector of Explosives the application form provided by the Department of Natural Resources. The application must include the following information:

  • (a) the applicant’s name, date of birth, address and telephone number;

  • (b) a description of their past experience using firecrackers;

  • (c) the quantity of firecrackers that the applicant intends to use and the time, date and site of use;

  • (d) a copy of the Footnote *local authority’s written approval to use the firecrackers; and

  • (e) a description of the safety precautions that will be taken when using the firecrackers.

Acquisition and Storage

Marginal note:Acquisition

 A user may acquire, store and use firecrackers, whether or not they hold a licence, if they hold a firecracker use certificate. A user who acquires firecrackers must comply with this subdivision.

Marginal note:Storage — licensed user

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

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their firecrackers in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 447 and 448 are met.

Marginal note:Maximum quantity

 No more than five cases of firecrackers — not exceeding 16 000 firecrackers per case — may be stored at any one time.

Marginal note:Storage requirements — dwelling

  •  (1) When firecrackers are stored in a dwelling, they must be stored away from flammable substances and sources of ignition, in a manner that protects the firecrackers against theft and ensures that access to them is limited to people authorized by the user.

  • Marginal note:Storage requirements — storage unit

    (2) When firecrackers 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 made from a non-sparking material (for example, wood or painted metal);

    • (f) nothing other than firecrackers 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:Approval required

  •  (1) Before using firecrackers, a user must obtain written approval from the Footnote *local authority.

  • Marginal note:Precautions

    (2) When using firecrackers, the user must take the following precautions:

    • (a) non-flammable clothing and protective equipment that minimizes the likelihood of harm to the user must be worn; and

    • (b) at least one fire extinguisher with a capacity of at least 3–A :60–B:C must be easily accessible.

  • Marginal note:Misfired firecrackers

    (3) A user must remove any misfired firecrackers from the site of use as soon as the circumstances permit after the display.

  • Marginal note:Firecrackers to be returned

    (4) A user must return all misfired and unused firecrackers to the seller as soon as the circumstances permit after the date of use specified in the firecracker certificate.

PART 19Fees

Marginal note:Overview

 This Part sets out the fees payable for obtaining authorizations, permits, licences and certificates.

Marginal note:Definitions

 The following definitions apply in this Part.

distribution establishment

distribution establishment has the same meaning as in section 144. (établissement de distribution)

division 1 factory licence

division 1 factory licence has the same meaning as in section 55. (licence de fabrique de la section 1)

manufacturing certificate

manufacturing certificate has the same meaning as in section 106. (certificat de fabrication)

mobile process unit

mobile process unit has the same meaning as in section 56. (unité de fabrication mobile)

process unit

process unit has the same meaning as in section 56. (unité de fabrication)

retail establishment

retail establishment has the same meaning as in section 144. (établissement de vente au détail)

user magazine licence

user magazine licence has the same meaning as in section 144. (licence de poudrière (utilisateur))

user magazine zone licence

user magazine zone licence has the same meaning as in section 144. (licence de poudrière (utilisateur-zone))

vendor magazine licence

vendor magazine licence has the same meaning as in section 144. (licence de poudrière (vendeur))

Marginal note:NEQ

 In this Part, NEQ means net explosive quantity (the mass of the Footnote *explosive excluding the mass of any packaging or container).

Marginal note:Fees

  •  (1) The fees to be paid for obtaining the authorizations, licences, permits and certificates set out in column 1 of the table to this section are set out in column 2.

  • Marginal note:Payment deadline

    (2) The fees are payable at the time the application is submitted. However, the fees referred to in items 1 and 3 of the table are payable within 30 days after the date of the invoice from the Department of Natural Resources.

    TABLE

    Column 1Column 2
    ItemAuthorization, Permit, Licence or CertificateFees
    Authorization of an Footnote for TABLE *explosive:
    1Authorization for an indefinite period

    $12 for each explosive, subject to a minimum fee per application of $125 and a maximum fee of $2,500 per year, plus

    • (a) for an explosive Footnote for TABLE *manufactured in Canada, $4 per year for each Footnote for TABLE *explosive substance and each group of Footnote for TABLE *explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $1,250 per year, and

    • (b) for an explosive manufactured outside Canada, $15 per year for each explosive substance and each group of explosive articles having the same design and construction (regardless of differences in size or colour effects), subject to a minimum fee per manufacturer of $125 per year and a maximum fee per manufacturer of $2,500 per year

    2Authorization for a specified period, for use other than at a special event, tour or international competition$150
    3Authorization for a specified period for use at a special event, tour or international competition$500 for each Footnote for TABLE *pyrotechnic event or fireworks display, subject to a maximum fee of $2,500 for events or displays that are part of the same special event, tour or international competition
    Permit to import explosives:
    4Single use permit$160
    5Annual permit

    $160 plus $20 for each 1 000 kg NEQ imported, subject to a maximum fee of $1,300, calculated

    • (a) on the basis of the estimated maximum quantity to be imported during the year, for an initial application, and

    • (b) on the basis of the quantity imported during the most recent year of importation, for any subsequent application

    Factory licence:
    6Initial division 1 factory licence to manufacture blasting or military explosives

    Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of

    • (a) $800 for each process unit,

    • (b) $800 for each mobile process unit,

    • (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and

    • (d) $225 for each detonator magazine

    7Renewal of a division 1 factory licence to manufacture blasting or military explosives

    Subject to a minimum fee of $3,000 and a maximum fee of $30,000, the total of

    • (a) $575 for each process unit,

    • (b) $575 for each mobile process unit,

    • (c) $17 for each 1 000 kg NEQ storage limit increment of each magazine other than a detonator magazine, and

    • (d) $225 for each detonator magazine

    8Division 1 factory licence to manufacture any other explosives, and any other factory licence

    Subject to a minimum fee of $800 and a maximum fee of $3,000, the total of

    • (a) $800 for each process unit, and

    • (b) $17 for each 1 000 kg NEQ storage limit increment, for any quantity greater than 250 kg NEQ

    Vendor magazine licence:
    9Vendor magazine licence to store high explosives or initiation systems

    The total of

    • (a) $25 for each 1 000 kg NEQ of storage limit increment of each magazine other than a detonator magazine, and

    • (b) $275 for each detonator magazine

    10Vendor magazine licence to store any other explosives
    • (a) $140 for each retail establishment;

    • (b) $350 for each distribution establishment; and

    • (c) $700 for each distribution establishment that repackages explosives

    User magazine licence:
    11User magazine licence to store high explosives or initiation systems, other than high explosives and initiation systems stored by law enforcement agencies$140 per magazine, subject to a minimum fee of $280
    12User magazine zone licence to store high explosives or initiation systems$200 per magazine, subject to a minimum fee of $400
    13User magazine licence to store any other explosives, other than explosives stored by law enforcement agencies$70
    Manufacturing certificate:
    14Certificate to manufacture blasting explosives$200 per month, subject to a minimum fee of $800 and a maximum fee of $1,600
    15Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at a blast site$800
    16Any other manufacturing certificate$75
    Fireworks operator certificate:
    17Initial certificate$150
    18Modification to or change of certificate$100
    19Renewal of certificate$100
  • SOR/2018-231, s. 42
 
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