Explosives Regulations, 2013 (SOR/2013-211)

Regulations are current to 2019-06-20 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 (continued)

Rules for Sellers (continued)

Marginal note:Transfer of powder

 A seller must not transfer propellant powder from one container to another for the purpose of sale unless they hold a licence that authorizes them to do so.

Sale

Marginal note:Notification of Chief Inspector

 A retailer who does not hold a licence must, before beginning to sell propellant powder, send the Chief Inspector of Explosives a written notice that sets out their name, address, telephone number, fax number and email address and the date on which they will begin to sell. If such a retailer stops selling propellant powder, they must send the Chief Inspector a written notice to that effect as soon as the circumstances permit.

Marginal note:Original packaging

 A seller may sell percussion caps only if they are in their original packaging.

Marginal note:Maximum quantity — licensed buyer

  •  (1) A seller must not sell more propellant powder or percussion caps to a licensed buyer than the buyer is authorized by their licence to store.

  • Marginal note:Maximum quantity — unlicensed retailer

    (2) A seller must not sell more propellant powder to an unlicensed buyer than the buyer is authorized by this Division to store.

Marginal note:Retailer

 A retailer may sell propellant powder or percussion caps only to a user.

Marginal note:Identification

  •  (1) Before selling propellant powder to a buyer, the seller must require the buyer to establish their identity by providing

    • (a) a piece of identification, issued by the Government of Canada or a provincial, municipal or foreign government, that bears a photograph of the buyer; 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:Verification of identity

    (2) If the buyer provides a piece of identification that bears a photograph, the seller must ensure, before selling the propellant powder, that the photograph is that of the buyer.

Marginal note:Record of sale

 A seller must keep a record of each sale of propellant powder for two years after the date of the sale. The record must include the following information:

  • (a) the buyer’s name and address or the number of their licence, if any, issued under the Firearms Act;

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

  • (c) the type and Footnote *product name of the powder sold, the size of the container in which it was sold and the name of the person who obtained its authorization;

  • (d) the quantity of powder 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

Acquisition

Marginal note:Acquisition

 A user may acquire and store propellant powder and percussion caps, whether or not they hold a licence. A user may Footnote *manufacture small arms cartridges and black powder cartouches for their own personal use and may store them, whether or not they hold a licence. A user who acquires propellant powder or percussion caps or manufactures small arms cartridges or black powder cartouches must comply with this Division.

Note: Part 5 regulates the commercial manufacture of small arms cartridges.

Storage

Marginal note:Licensed user

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

  • Marginal note:Separate storage

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

Marginal note:Unlicensed user

 A user who does not hold a licence must store their propellant powder, percussion caps and black powder cartouches in a dwelling or a Footnote *storage unit and ensure that the requirements of sections 299 to 304 are met.

Note: Subsection 279(2) provides that users must store small arms cartridges in accordance with sections 280 and 281.

Marginal note:Percussion caps

  •  (1) 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 Footnote *storage unit.

  • 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:Maximum quantity

 The maximum quantity of propellant powder that may be stored by a user at any one time under sections 301 to 303 is reduced by the quantity of any propellant powder that the user is storing under section 375 and any quantity that they are storing under section 389.

Marginal note:Detached dwellings

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

  •  (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 Footnote *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, percussion caps or black powder cartouches are stored in a dwelling, they must be stored away from flammable substances and sources of ignition. People not authorized by the user must not be given unlimited access to the propellant powder, percussion caps or black powder cartouches.

  • Marginal note:Storage requirements — storage unit

    (2) When propellant powder, percussion caps or black powder cartouches 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, percussion caps or black powder cartouches;

    • (g) propellant powder, percussion caps, small arms cartridges and black powder cartouches 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.

  • SOR/2018-231, s. 32(E)
 
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