Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Record of use

438 A record of the display must be made in a logbook that sets out the name of the display supervisor in charge and the number and expiry date of their fireworks operator certificate. The logbook must be kept for two years after the date of the last recorded display. The record must include the following information and documents:

• (a) a copy of the fireworks display plan prepared for the display;

• (b) a copy of the local authority’s approval to hold the display;

• (c) the name and address of every person who worked at the display under the supervision of the display supervisor in charge; and

• (d) a description of any unusual circumstance, a statement of the number of misfires and a description of how each misfire was dealt with.

Marginal note:Record of licence holder

439 When a fireworks display is held on behalf of a licence holder, the licence holder must keep a record of the display for two years after the date of the display. The record must include the following information and documents:

• (a) the licence holder’s name and address and the number and expiry date of the licence;

• (b) a copy of the local authority’s approval to hold the display;

• (c) the name of the display supervisor in charge and the number and expiry date of their fireworks operators certificate;

• (d) the product name and diameter of each firework used and the name of the person who obtained its authorization;

• (e) the quantity of fireworks used under each product name; and

• (f) the date and site of the display.

DIVISION 2Firecrackers

SUBDIVISION aRules for Sellers

Marginal note:Sale

440 A seller may sell firecrackers to a buyer who provides the seller with a copy of their firecracker use certificate. However, the quantity of firecrackers sold must not exceed the quantity that the buyer is authorized by their certificate to use.

Marginal note:Record of sale

441 A seller must keep a record of every sale of firecrackers for two years after the date of the sale. The record must include the following information and documents:

• (a) the buyer’s name and address;

• (b) a copy of the buyer’s firecracker use certificate;

• (c) the quantity of firecrackers sold; and

• (d) the date of the sale.

Marginal note:Unused or misfired firecrackers

442 A seller must accept any unused or misfired firecrackers that are returned.

SUBDIVISION bRules for Users

Firecracker Use Certificate

Marginal note:Certificate

443 To obtain a firecracker use certificate, a person must demonstrate to the Minister that they are able to safely use firecrackers and that precautions will be taken that minimize the likelihood of harm to people and property resulting from their use.

Marginal note:Application for certificate

444 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 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

445 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

• 446 (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 storage unit and ensure that the requirements of sections 447 and 448 are met.

Marginal note:Maximum quantity

447 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

• 448 (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 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 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

• 449 (1) Before using firecrackers, a user must obtain written approval from the 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

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

Marginal note:Definitions

451 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

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

Marginal note:Fees

• 453 (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.

  	Column 1	Column 2
  Item	Authorization, Permit, Licence or Certificate	Fees
  	Authorization of an explosive:
  1	Authorization 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 manufactured in Canada, $4 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 $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
  2	Authorization for a specified period, for use other than at a special event, tour or international competition	$150
  3	Authorization for a specified period for use at a special event, tour or international competition	$500 for each 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:
  4	Single use permit	$160
  5	Annual 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:
  6	Initial 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
  7	Renewal 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
  8	Division 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:
  9	Vendor 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
  10	Vendor 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:
  11	User 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
  12	User magazine zone licence to store high explosives or initiation systems	$200 per magazine, subject to a minimum fee of $400
  13	User magazine licence to store any other explosives, other than explosives stored by law enforcement agencies	$70
  	Manufacturing certificate:
  14	Certificate to manufacture blasting explosives	$200 per month, subject to a minimum fee of $800 and a maximum fee of $1,600
  15	Certificate to mechanically blend ammonium nitrate and fuel oil for immediate use at a blast site	$800
  16	Any other manufacturing certificate	$75
  	Fireworks operator certificate:
  17	Initial certificate	$150
  18	Modification to or change of certificate	$100
  19	Renewal of certificate	$100