Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2019-06-20 and last amended on 2018-11-02. Previous Versions

PART 13Special Purpose Explosives (continued)

DIVISION 2High-hazard Special Purpose Explosives (continued)

Rules for Sellers (continued)

Marginal note:Storage

 A seller must store their high-hazard special purpose explosives in the magazine specified in their licence.

Marginal note:Display for sale

 A seller must not display high-hazard special purpose explosives for sale.

Sale

Marginal note:Maximum quantity — licensed buyer

  •  (1) A seller must not sell more high-hazard special purpose explosives 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 high-hazard special purpose explosives to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell high-hazard special purpose explosives only to a user.

Marginal note:Record of sale

 A seller must keep a record of every sale of high-hazard special purpose explosives for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address;

  • (b) in the case of a licensed buyer, the licence number and expiry date;

  • (c) the Footnote *product name of each explosive sold and the name of the person who obtained its authorization;

  • (d) the quantity of explosives sold under each product name; and

  • (e) the date of the sale.

  • SOR/2016-75, s. 39
  • SOR/2018-231, ss. 44(F), 45(E)

Rules for Users

Marginal note:Acquisition

 A user may acquire and store high-hazard special purpose explosives, whether or not they hold a licence. A user who acquires high-hazard special purpose explosives must comply with this Division.

Marginal note:Storage — licensed user

  •  (1) A user who holds a licence must store their high-hazard special purpose explosives in the magazine specified in their licence.

  • Marginal note:Storage — unlicensed user

    (2) A user who does not hold a licence must store their high-hazard special purpose explosives in a Footnote *storage unit and ensure that the requirements of sections 264 and 265 are met.

Marginal note:Maximum quantity

 No more than 20 kg of high-hazard special purpose explosives may be stored at any one time.

Marginal note:Storage requirements — storage unit

 When high-hazard special purpose explosives 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 special purpose explosives 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.

DIVISION 3Marine Flares

Marginal note:Disposal plan

  •  (1) A distributor who sells marine flares, whether low-hazard or high-hazard, must implement the marine flare disposal plan included in their licence application.

  • Marginal note:Return of flares

    (2) A distributor must accept the return of any marine flares sold by them that have expired.

  • Marginal note:Destruction

    (3) The distributor must store any expired marine flares that are returned to them in the magazine specified in their licence and destroy them in a manner that does not increase the likelihood of an accidental ignition during or after the destruction.

  • Marginal note:Annual report

    (4) If any expired marine flares are returned during a calendar year, the distributor must submit to the Chief Inspector of Explosives, by March 31 of the following year, a report that sets out the number of each type returned, whether low-hazard or high-hazard, and the number of each type destroyed, during the calendar year.

PART 14Small Arms Cartridges, Propellant Powder and Percussion Caps

Marginal note:Overview

 This Part authorizes the acquisition, storage and sale of small arms cartridges and the Footnote *manufacture of small arms cartridges and black powder cartouches. Division 1 sets out the rules for sellers and users of commercially manufactured small arms cartridges (type C.1). It also sets out rules for storing small arms cartridges that are manufactured under Division 2. Division 2 sets out the rules for sellers and users of propellant powder (type P) and percussion caps (also known as primer) (type C.3) and for manufacturers of small arms cartridges and black powder cartouches.

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    black powder

    black powder means an explosive classified as type P.1. (poudre noire)

    propellant powder

    propellant powder means black powder and smokeless powder. (poudre propulsive)

    small arms cartridge

    small arms cartridge means a cartridge that is designed to be used in small arms, has a calibre of no more than 19.1 mm (.75 calibre), is fitted with centre or rim fire priming and contains a propelling charge, with or without a solid projectile. It includes a shotgun shell of any gauge. (cartouche pour armes de petit calibre)

    smokeless powder

    smokeless powder means an explosive classified as type P.2. (poudre sans fumée)

  • Marginal note:Storage

    (2) For the purposes of this Part, small arms cartridges, propellant powder and percussion caps are stored in a sales establishment, including a dwelling, if they are

    • (a) inside the sales establishment, whether or not they are in a Footnote *storage unit or displayed for sale;

    • (b) outside the sales establishment in a storage unit that is used in operating the establishment; or

    • (c) in a licensed magazine that is either inside or outside the establishment.

 
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