Fireworks (Explosives Act Regulations) Consultation - Canadian Association of Fire Chiefs

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Fireworks (Explosives Act Regulations) Consultation

Pour la version en français, veuillez appuyer ici (traduction à venir).

In the Spring of 2021 Natural Resources Canada – Explosives Regulatory Division initiated a review and consultation process to review and modernize the Explosives Regulations, 2013 which are adopted under the Explosives Act - Canada.

NRCan solicited over 280 perceived irritants from stakeholders, developed proposals for change, and discussed these with stakeholders and interested parties from February to July 2022. This NRCan consultation included meetings with the Canadian Association of Fire Chiefs’ – Dangerous Goods Committee on February 23 and April 8, 2022.

The CAFC submitted its comments, in phases as requested, on all these proposals with specific emphasis on concerns regarding Part 16 of the Regulations dealing with Consumer Fireworks including:

a proposed new classification category of products to be known as “Novelty Devices”,
sales of fireworks products to minors as young as 12, and
doubling of product storage amounts in retail locations.

CAFC expressed significant concerns about the current fireworks regime, the sale and proposed distribution of novelty fireworks to minors, and the increased storage limits. The CAFC also expressed concern about the risk profile and both the science and review methods used to come to the proposed changes and has written to Minister Wilkinson expressing these concerns.

At the CAFC’s Annual General Meeting held at Fire Rescue Canada 2022 the CAFC membership approved the following resolution - 2022.3 Consumer Fireworks:

“That CAFC members espouse as a common approach a complete ban on the sale and use of consumer fireworks in Canada, in favour of the professional fireworks industry, and lobby the Government of Canada for the immediate implementation of such.”

The full text of the Resolution may be found here: cafc.ca/PMfireworks

CAFC’s Great Canadian Fire Census identified at least 689 instances in 2022 and 531 instances in 2023 where a fire department in Canada responded to incidents involving the use of fireworks.

On May 27, 2023 the Canada Gazette published the rationale and proposed regulatory text for Regulations Amending the Explosives Regulations, 2013: https://www.canadagazette.gc.ca/rp-pr/p1/2023/2023-05-27/html/reg3-eng.html

The Gazette requested submission of comments on the proposals by June 26, 2023.

CAFC’s response to the gazette consultation is located here: https://cafc.ca/forums/Posts.aspx?topic=1743927

CAFC’s original comments on Parts 16-18 are located here: https://cafc.ca/forums/Posts.aspx?topic=1744787

On May 3, 2024, the Canada Gazette published Regulations Amending the Explosives Regulations, which included a regulation that introduces the novelty firework category: https://gazette.gc.ca/rp-pr/p2/2024/2024-05-22/html/sor-dors77-eng.html.

When CAFC asked why fire chiefs’ advice was not heeded, we understood that the primary consideration was explosive risk which includes fire risk posed only by explosion, but not all fire risk. This type of idiosyncrasy is why the CAFC is asking the federal government to implement a national fire administration: https://cafc.ca/page/2023-Governance-Report

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