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Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2024-03-06 and last amended on 2023-06-03. Previous Versions

PART 17Special Effect Pyrotechnics (continued)

DIVISION 2Rules for Users and Other Acquirers (continued)

SUBDIVISION aUsers without a Licence or Certificate (continued)

Marginal note:Percussion caps

  •  (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 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.

Marginal note:Detached dwellings or site of use

 The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, in a 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.

Marginal note:Other dwellings — smokeless powder

  •  (1) The maximum quantity of smokeless powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 20 kg, if all the smokeless powder is in containers that hold no more than 1 kg; or

    • (b) 5 kg, if any of the smokeless powder is in a container that holds more than 1 kg.

  • Marginal note:Other dwellings — black powder

    (2) The maximum quantity of black powder that may be stored at any one time in a dwelling other than a detached dwelling, or in a storage unit attached to a dwelling other than a detached dwelling, is

    • (a) 1 kg, if the black powder is in containers; or

    • (b) 3 kg less any quantity that is in containers, if the black powder is in small arms cartridges or black powder cartouches.

Marginal note:Detached storage unit

 The maximum quantity of propellant powder that may be stored at any one time in storage units that are not attached to a dwelling and are not at the site of use, whether in a single unit or in several, is 75 kg.

Pyrotechnics Used in Student Training

Marginal note:Student in training

 A user who holds neither a fireworks operating certificate nor a licence and who is taking a college or university course on special effect pyrotechnics that is certified by the Minister may, during their training and while under the supervision of a holder of a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician), use any special effect pyrotechnics that their supervisor is authorized to use.

  • SOR/2016-75, s. 38
Storage

Marginal note:Storage requirements — dwelling

  •  (1) When special effect pyrotechnics 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 special effect pyrotechnics are stored in a 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 special effect pyrotechnics may be stored in the storage unit;

    • (g) propellant powder, firework accessories and other special effect pyrotechnics must be stored separately from one another (for example, on different shelves or separated by a wooden partition);

    • (h) the storage unit must be attended when it is unlocked;

    • (i) the storage unit must be kept clean, dry, organized and free of grit;

    • (j) any spill, leakage or other contamination in the storage unit must be cleaned up immediately;

    • (k) precautions that minimize the likelihood of fire in or near the storage unit must be taken; and

    • (l) 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.

Marginal note:Storage — site of use

  •  (1) When special effect pyrotechnics are stored in a storage unit at the site of use, the unit must be made from, or lined with, a non-sparking material, marked with the words “Pyrotechnics/Pièces pyrotechniques” and kept locked. Nothing other than special effect pyrotechnics may be stored in the storage unit.

  • Marginal note:Location of storage unit

    (2) The storage unit must be kept away from other flammable substances and sources of ignition and in an area that is not accessible to the public.

Use

Marginal note:Instructions

  •  (1) A user must, when using special effect pyrotechnics, follow the instructions of the person who obtained their authorization.

  • Marginal note:Prohibited use

    (2) A user must not use special effect pyrotechnics if they show any signs of deterioration (for example, discoloration or a vinegary smell).

  • Marginal note:Electric match

    (3) A user must not use an electric match to ignite flash cotton, flash paper, flash string or sparkle string.

  • SOR/2016-75, s. 32

SUBDIVISION bOther Acquirers Without a Certificate

Marginal note:License holder

 A person who does not hold a fireworks operator certificate may acquire and store special effect pyrotechnics if they hold a licence. They must store their special effect pyrotechnics in the magazine specified in their licence.

SUBDIVISION cUsers with a Certificate

Fireworks Operator Certificates

Marginal note:Types of certificate

 The fireworks operator certificates issued by the Minister that are required for the use of special effect pyrotechnics are the following:

  • (a) fireworks operator certificate (pyrotechnician);

  • (b) fireworks operator certificate (senior pyrotechnician);

  • (c) fireworks operator certificate (special effects pyrotechnician);

  • (d) fireworks operator certificate (special effects pyrotechnician — detonating cord); and

  • (e) fireworks operator certificate (visitor pyrotechnician).

  • SOR/2016-75, s. 38
Qualifications to Obtain a Certificate

Marginal note:Pyrotechnician

  •  (1) To obtain a fireworks operator certificate (pyrotechnician), a person must successfully complete the special effects pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Senior pyrotechnician

    (2) To obtain a fireworks operator certificate (senior pyrotechnician), a person must have acted as a pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3 and propellant powder.

  • Marginal note:Special effects pyrotechnician

    (3) To obtain a fireworks operator certificate (special effects pyrotechnician), a person must have acted as a senior pyrotechnician for two years and must be able to safely use explosives that are classified as type F.3, propellant powder and special purpose pyrotechnics.

  • Marginal note:Special effects pyrotechnician — detonating cord

    (4) To obtain a fireworks operators certificate (special effects pyrotechnician — detonating cord), a person must have a fireworks operator certificate (special effects pyrotechnician) and must be able to safely use initiation systems and detonating cords.

  • Marginal note:Visitor pyrotechnician

    (5) To obtain a fireworks operator certificate (visitor pyrotechnician), a person must reside outside Canada and have the necessary experience using special effect pyrotechnics to safely carry out the activities of a holder of a fireworks operator certificate (pyrotechnician).

  • SOR/2016-75, s. 38
Application

Marginal note:Application for certificate — pyrotechnician

  •  (1) An applicant for a fireworks operator certificate (pyrotechnician) 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 and documents:

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

    • (b) the name of any organization of pyrotechnicians to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months; and

    • (d) proof that the applicant has successfully completed the pyrotechnics safety and legal awareness course offered by the Explosives Regulatory Division, Department of Natural Resources or a course certified as equivalent by the Minister.

  • Marginal note:Proof of course completion

    (2) An applicant who has not completed the display fireworks safety and legal awareness course or a certified equivalent on the date their application is submitted may, within six months after that date, submit to the Chief Inspector of Explosives proof of their successful completion.

  • Marginal note:Application — senior pyrotechnician and special effects pyrotechnician

    (3) An applicant for a fireworks operator certificate (senior pyrotechnician) or a fireworks operator certificate (special effects pyrotechnician) 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 and documents:

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

    • (b) the name of any organization of pyrotechnicians to which the applicant belongs;

    • (c) the number and expiry date of the applicant’s fireworks operator certificate;

    • (d) a photograph of the applicant taken within the previous 12 months; and

    • (e) a copy of the applicant’s work journal that sets out

      • (i) the date and place of each pyrotechnic event at which the applicant has worked and the types of explosives used,

      • (ii) the capacity in which the applicant acted at each pyrotechnic event, and

      • (iii) the name of the applicant’s supervisor at each pyrotechnic event.

    • (f) [Repealed, SOR/2018-231, s. 35]

  • Marginal note:Other certificates

    (4) An applicant for one of the following certificates must provide the information and documents referred to in subsection (3) and, in addition, must

    • (a) for a fireworks operator certificate (senior pyrotechnician), establish that they have acted as a pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3 and propellant powder;

    • (b) for a fireworks operator certificate (special effects pyrotechnician), establish that they have acted as a senior pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use explosives classified as type F.3, propellent powder and special purpose pyrotechnics; and

    • (c) for a fireworks operator certificate (special effects pyrotechnician — detonating cord), establish that they have acted as a special effects pyrotechnician for one year and submit a letter from a supervisor which attests that the applicant is able to safely use initiation systems and detonating cords.

  • Marginal note:Application — visitor pyrotechnician

    (5) An applicant for a fireworks operator certificate (visitor pyrotechnician) 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 and documents:

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

    • (b) the name of any organization of pyrotechnicians to which the applicant belongs;

    • (c) a photograph of the applicant taken within the previous 12 months;

    • (d) a copy of the applicant’s resumé which sets out the pyrotechnic events at which they have used special effect pyrotechnics and the people and organizations for which they have worked;

    • (e) a list of the pyrotechnic events in which they plan to participate in Canada and the dates of the events; and

    • (f) the name, telephone number and number of the fireworks operator certificate of the pyrotechnician in charge at each event in which they plan to participate.

  • Marginal note:Fees

    (6) An applicant for a fireworks operator certificate or a modification to or change of a certificate must pay the applicable fees set out in Part 19.

Acquisition and Storage

Marginal note:Acquisition

 A user may acquire and store special effect pyrotechnics, whether or not they hold a licence, if they hold the fireworks operator certificate required for use of the pyrotechnics to be acquired. However, a user who does not hold a licence must not acquire initiation systems or detonating cords. A user who acquires special effect pyrotechnics must comply with this subdivision.

Marginal note:Storage — licensed user

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

  • Marginal note:Exception

    (2) Despite subsection (1), a user who holds a licence may store up to 500 electric matches and up to 25 kg of other special effect pyrotechnics in a dwelling or a storage unit. A user who does so must ensure that the requirements of sections 393 to 397 are met.

Marginal note:Storage — unlicensed user

 A user who does not hold a licence must store their special effect pyrotechnics in a dwelling or a storage unit and ensure that the requirements of sections 392 to 397 are met.

 

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