Explosives Regulations, 2013 (SOR/2013-211)

Marginal note:Attendance

333 Rocket motors, reloading kits and igniters must be attended when they are not in storage.

PART 16Consumer Fireworks and Novelty Devices

Marginal note:Overview

334 This Part authorizes the acquisition, storage and sale of consumer fireworks (type F.1) and novelty devices (type F.5) and regulates their use. Division 1 sets out rules for sellers and Division 2 sets out rules for users.

Marginal note:Definitions

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

  distributor

  distributor means a person who sells consumer fireworks or novelty devices to other distributors or to retailers, whether or not they sell to users. (distributeur)

  licence

  licence means a licence that authorizes the storage of consumer fireworks or novelty devices. (licence)

  novelty device

  novelty device means a device that produces limited visible or audible effects, contains small amounts of pyrotechnic or explosive composition and is classified as a type F.5 explosive. (dispositif de fantaisie)

  retailer

  retailer means a person, other than a distributor, who sells consumer fireworks or novelty devices. (détaillant)

  seller

  seller means a distributor or a retailer. (vendeur)

  user

  user means a person who acquires consumer fireworks or novelty devices for use. (utilisateur)

• Marginal note:Storage

  (2) For the purposes of this Part, consumer fireworks are stored in a sales establishment if they are

  • (a) inside the sales establishment, whether or not they are in a 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.

• Marginal note:Storage — novelty devices

  (3) For the purposes of this Part, novelty devices are stored in a sales establishment if they are

  • (a) inside the sales establishment, whether or not they are in a 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.

Marginal note:Consumer fireworks or novelty devices — quantity

336 A reference to a mass of consumer fireworks or a mass of novelty devices in this Part is a reference to their gross mass (the mass of the consumer fireworks or the mass of the novelty devices plus the mass of any packaging or container).

Marginal note:Prohibition on use

337 Except as authorized by this Part, it is prohibited for a person to use

• (a) consumer fireworks; or

• (b) novelty devices.

DIVISION 1Rules for Sellers

Acquisition for Sale

Marginal note:Distributor

• 338 (1) A distributor may acquire, store and sell consumer fireworks or novelty devices if they hold a licence. A distributor who acquires consumer fireworks or novelty devices must comply with this Division.

• Marginal note:Retailer

  (2) A retailer may acquire, store and sell consumer fireworks or novelty devices, whether or not they hold a licence. A retailer who acquires consumer fireworks or novelty devices must comply with this Division.

Sales Establishment

Marginal note:No sale from dwelling

339 A seller must not sell

• (a) consumer fireworks from a dwelling; or

• (b) novelty devices from a dwelling.

Marginal note:Sales establishment – requirements

340 A seller must ensure that their sales establishment meets the following requirements:

• (a) it has at least two unobstructed exits;

• (b) all aisles containing consumer fireworks are at least 1.2 m wide and not blocked at either end; and

• (c) all aisles containing novelty devices are at least 1.2 m wide and not blocked at either end.

Marginal note:Retail sales establishment

• 341 (1) The sales establishment of a retailer who does not hold a licence may be permanent (located in a permanent structure) or temporary (located in a tent, trailer or other temporary shelter).

• Marginal note:Requirements

  (2) Whether the establishment is permanent or temporary, the retailer must ensure that

  • (a) the sales establishment is protected from unauthorized access when it is not open for business; and

  • (b) all places where consumer fireworks or novelty devices are stored, whether inside or outside the establishment, must be at least 100 m from all above-ground storage tanks for flammable substances in bulk and at least 8 m from the following:

    • (i) fuel dispensers at a fuel dispensing station,

    • (ii) retail propane-dispensing tanks and cylinders,

    • (iii) above-ground storage tanks for flammable substances, and

    • (iv) dispensing facilities for compressed natural gas.

• Marginal note:Temporary sales establishment

  (3) If the sales establishment is temporary, the retailer must also ensure that

  • (a) all places where consumer fireworks are stored, whether inside or outside the establishment, are at least 8 m from all flammable materials, sources of ignition, thoroughfares, buildings or other temporary sales establishments and at least 3 m from any vehicle parking area;

  • (b) the consumer fireworks are attended at all times; and

  • (c) if the sales establishment selling consumer fireworks or novelty devices is a tent, the tent is made from flame-retardant material.

Storage

Marginal note:Licence holder

• 342 (1) A seller who holds a licence must store all their consumer fireworks in the magazine specified in their licence and ensure that the requirements respecting consumer fireworks in sections 343 to 345, 345.2 and 346 are met.

• Marginal note:Unlicensed retailer

  (2) A retailer who does not hold a licence must store their consumer fireworks in a sales establishment other than a dwelling and ensure that the requirements respecting consumer fireworks in sections 343 to 345, 345.2, 346, 348 and 349 are met.

Marginal note:Novelty devices unlicensed retailer

342.1 A retailer must store their novelty devices in a sales establishment other than a dwelling and ensure that the requirements respecting novelty devices in sections 345.1, 345.2, 346.1, 348 and 349 are met.

Marginal note:Handling

343 Consumer fireworks may be handled by a buyer only after they have been sold, unless they are in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

Marginal note:Non-aerial consumer fireworks

• 344 (1) Non-aerial consumer fireworks (flares, fountains, snakes, ground spinners, strobe pots, wheels and ground whistles) may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet);

  • (c) in consumer packs that meet the requirements of section 345; or

  • (d) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Aerial consumer fireworks

  (2) Aerial consumer fireworks may be displayed for sale only if they are

  • (a) kept behind a sales counter;

  • (b) locked up (for example, in a cabinet); or

  • (c) in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Non-aerial consumer and aerial consumer fireworks

  (3) Non-aerial consumer and aerial consumer fireworks may be displayed for sale only if they are displayed in accordance with section 346.

Marginal note:Adequate consumer pack — fireworks

345 For the purposes of this Part, a consumer pack of consumer fireworks must meet the following requirements:

• (a) it must be of sufficient strength to withstand normal handling;

• (b) it must be designed so that it prevents a person who is handling it from being able to ignite the consumer fireworks it contains;

• (c) it must be designed so that it prevents any shifting of the consumer fireworks during handling or transportation; and

• (d) the product name of all consumer fireworks in the pack must be printed on it, along with the words “Non-aerial Fireworks/Pièces pyrotechniques non aériennes”, in a location that is clearly visible.

Marginal note:Adequate consumer pack — novelty devices

345.1 For the purposes of this Part, a consumer pack of novelty devices must meet the following requirements:

• (a) it must be of sufficient strength to withstand normal handling;

• (b) it must be designed so that it prevents a person who is handling it from being able to ignite the novelty devices it contains; and

• (c) it must be designed so that it prevents any shifting of the novelty devices during handling or transportation.

Marginal note:Reuse of packaging

345.2 A seller must ensure that any packaging or container that has been used for consumer fireworks or novelty devices is not reused unless

• (a) the transport classification of the consumer fireworks or novelty devices to be transported remains unchanged;

• (b) the consumer fireworks or novelty devices to be transported are arranged in the packaging or container so as to minimize their movement during transport;

• (c) the packaging or container is closed for transport in the same manner as it was for its first use;

• (d) the mass of the consumer fireworks or novelty devices is equal to or less than the mass of the consumer fireworks or novelty devices during the first use of the packaging or container; and

• (e) the packaging or container shows no signs of damage, contamination or reduced strength.

Marginal note:Requirements for display

346 When consumer fireworks are displayed for sale, the following requirements must be met:

• (a) non-aerial fireworks in consumer packs that meet the requirements of section 345 or in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

• (b) aerial fireworks in packaging or containers that comply with the safety standards for means of containment under the Transportation of Dangerous Goods Act, 1992 must be separated into lots of 100 kg or less;

• (c) all other fireworks, whether aerial or non-aerial, must be separated into lots of 25 kg or less;

• (d) each lot must be separated from the other lots by a fire break;

• (e) the fireworks must be kept away from flammable substances and sources of ignition;

• (f) the fireworks must not be exposed to heat or dampness that might cause them to deteriorate;

• (g) the fireworks must be separated from the ceiling and from any fire prevention system by at least 0.6 m;

• (h) only people authorized by the retailer may have access to the area behind a sales counter;

• (i) smoking must be prohibited within 8 m of the fireworks; and

• (j) the fireworks must be attended when the sales establishment is unlocked.