Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2019-08-28 and last amended on 2018-11-02. Previous Versions

PART 14Small Arms Cartridges, Propellant Powder and Percussion Caps (continued)

DIVISION 2Propellant Powder and Percussion Caps and the Manufacture of Small Arms Cartridges and Black Powder Cartouches

Marginal note:Definitions

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

    distributor

    distributor means a person who sells propellant powder or percussion caps to other distributors or to retailers, whether or not they sell to users. (distributeur)

    licence

    licence means a licence issued under the Explosives Act that authorizes the storage of the Footnote *explosive, whether propellant powder, percussion caps or black powder cartouches, that are to be sold, acquired or Footnote *manufactured.  (licence)

    Note: A licence that authorizes the storage of propellant powder, percussion caps or black powder cartouches may also authorize the storage of small arms cartridges.

    retailer

    retailer means a person, other than a distributor, who sells propellant powder or percussion caps. (détaillant)

    seller

    seller means a distributor or a retailer. (vendeur)

    user

    user means a person who acquires propellant powder or percussion caps for use. (utilisateur)

  • Marginal note:propellant powder

    (2) A reference in this Division to a mass of propellant powder does not include propellant powder that is in a small arms cartridge.

Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

  •  (1) A distributor may acquire, store and sell propellant powder and percussion caps if they hold a licence. A distributor who acquires propellant powder or percussion caps must comply with this Division.

  • Marginal note:Retailer

    (2) A retailer may acquire, store and sell propellant powder and percussion caps, whether or not they hold a licence. A retailer who acquires propellant powder or percussion caps must comply with this Division.

Storage

Marginal note:Licensed seller

  •  (1) A seller who holds a licence must store their propellant powder and percussion caps in the magazine specified in their licence.

  • Marginal note:Separate storage

    (2) A seller must not store propellant powder and percussion caps in the same magazine.

Marginal note:Unlicensed retailer

 A retailer who does not hold a licence must store their propellant powder and percussion caps in a sales establishment and must ensure that the requirements of sections 286 to 288 are met.

Marginal note:Display for sale — propellant powder

  •  (1) No more than 12 kg of propellant powder, of which no more than 500 g may be black powder, may be displayed for sale.

  • Marginal note:Size of container

    (2) Propellant powder that is displayed for sale must be in a container that holds no more than 500 g.

  • Marginal note:Display for sale — percussion caps

    (3) No more than 10 000 percussion caps may be displayed for sale.

  • Marginal note:Original packaging

    (4) Percussion caps that are displayed for sale must be in their original packaging.

  • Marginal note:Precautions

    (5) Propellant powder and percussion caps that are displayed for sale must be kept behind a counter or locked up (for example, in a cabinet).

  • Marginal note:Access

    (6) Only people authorized by the retailer may have access to the area behind a sales counter.

Marginal note:Place of storage

  •  (1) Propellant powder and percussion caps that are not displayed for sale must be stored in a dwelling or a Footnote *storage unit.

  • Marginal note:Original packaging

    (2) Percussion caps must be stored in their original packaging.

    Note: These Regulations do not limit the number of percussion caps that may be stored in their original packaging in a dwelling or a storage unit.

  • Marginal note:Detached dwellings

    (3) The maximum quantity of propellant powder that may be stored at any one time in a detached dwelling, or in a storage unit attached to a detached dwelling, is 25 kg of which no more than 10 kg may be black powder.

  • Marginal note:Other dwellings — smokeless powder

    (4) 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

    (5) 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

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

Marginal note:Storage requirements — dwelling

  •  (1) When propellant powder or percussion caps are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the retailer must not be given unlimited access to the propellant powder or percussion caps.

  • Marginal note:Storage requirements — storage unit

    (2) When propellant powder or percussion caps 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 small arms cartridges may be stored with the propellant powder or percussion caps;

    • (g) propellant powder, percussion caps and small arms cartridges must be stored separately from one another (for example, on different shelves or separated by a wooden barrier);

    • (h) the storage unit must be Footnote *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.

 
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