O. Reg. 521/93: GENERAL

Gasoline Handling Act
Loi sur la manutention de l’essence

ONTARIO REGULATION 521/93

Amended to O. Reg. 226/01

GENERAL

Note: This Regulation was revoked on June 27, 2001. See: O. Reg. 226/01, s. 1.

This Regulation is made in English only.

1. In this Regulation,

“Code” means the Gasoline Handling Code referred to in section 17;

“engineer” means a person who is a member or is licensed by the Association of Professional Engineers of the Province of Ontario under the Professional Engineers Act;

“farm” means a private outlet that consists of a tract of land, including all buildings, structures and appurtenances thereto, devoted to the production of crops or the raising of animals, and includes fish hatcheries, ranges and nurseries with growing operations;

“operator” means a person who is responsible for all aspects of the day to day operation of a retail outlet, bulk plant, marina or private outlet, whether or not the person is located on the premises during the hours of operation, and when referring to a tank vehicle, means the owner of the tank vehicle;

“tank vehicle” means a vehicle designed for transporting gasoline or an associated product. O. Reg. 521/93, s. 1.

2. This Regulation does not apply to storage tanks and equipment associated with standby generators or heating oil systems or to any other equipment regulated under the Energy Act or the Fuel Oil Code, being Regulation 329 of the Revised Regulations of Ontario, 1990. O. Reg. 521/93, s. 2.

3. (1) An application for a licence to operate a retail outlet, a marina or a bulk plant or to transport gasoline or an associated product under subsection 6 (1) of the Act shall be filed with the Director.

(2) A separate licence shall be issued for each retail outlet, marina or bulk plant the applicant intends to operate and for each tank vehicle in which the applicant intends to transport gasoline or an associated product.

(3) The Director shall not issue a licence until an inspector carries out an inspection of the retail outlet, marina, bulk plant or of the tank vehicle and confirms that the facility or vehicle complies with the requirements of the Code.

(4) Despite subsection (3), the Director may issue a licence even though an inspection is not carried out if the Director is satisfied that the requirements of the Code have been met.

(5) An application for a licence shall be in a form provided by the Director. O. Reg. 521/93, s. 3.

(6) The fee prescribed in the Schedule is payable on an application for a licence mentioned in subsection (1) or for a renewal of the licence.

(7) An inspector may inspect the facility of a person who applies for or holds a licence mentioned in subsection (1).

(8) The fee prescribed in the Schedule is payable for the inspection. O. Reg. 531/93, s. 1.

4. (1) An application for registration as a contractor under subsection 6 (2) of the Act shall be filed with the Director.

(2) An application under subsection (1) shall be in a form provided by the Director. O. Reg. 521/93, s. 4.

(3) The fee prescribed in the Schedule is payable on an application for registration as a contractor.

(4) An inspector may inspect the installations, repairs and other work performed by a registered contractor to determine whether the work complies with this Regulation.

(5) The fee prescribed in the Schedule is payable for the inspection.

(6) No registration of a contractor shall be renewed until the contractor has paid all applicable prescribed fees under this Regulation. O. Reg. 531/93, s. 2.

5. (1) A licence or registration under this Regulation expires twelve months after the day of the registration or of the issuance of the licence or at such earlier time as may be stated on the licence or certificate of registration.

(2) The term of the licence or registration shall be indicated on the licence or certificate of registration. O. Reg. 521/93, s. 5.

6. (1) An application to renew a licence or registration shall be filed with the Director before the expiration of the term of the licence or registration.

(2) A renewal of a licence or registration shall not be granted if the applicant fails to give the Director notice of any of the following changes within fourteen days of the change occuring:

1. In the case of a licensee, a change in any particulars noted on the licence.

2. In the case of a registrant, a change in any particulars contained in the certificate of registration.

(3) Despite subsection (2), a renewal may be granted upon receipt by the Director of an application to renew containing notice of the changes referred to in subsection (2). O. Reg. 521/93, s. 6.

7. A licensee or registrant may obtain a duplicate of the licence or of the certificate of registration upon application to the Director and payment of the fee prescribed in the Schedule. O. Reg. 531/93, s. 3.

8. A licence shall not be issued or renewed, nor a duplicate of the licence granted, if any fees required under this Regulation are owing with respect to the retail outlet, marina, bulk plant or tank vehicle in respect of which the licence is sought. O. Reg. 521/93, s. 8.

9. (1) A licence issued with respect to a retail outlet, marina, bulk plant or tank vehicle shall not be transferred to another facility or vehicle.

(2) A certificate of registration issued to a contractor shall not be transferred to another contractor. O. Reg. 521/93, s. 9.

10. A licensee shall post the licence or a copy of the licence in a conspicuous place at the retail outlet, marina or bulk plant or, in the case of a licence to transport gasoline or an associated product, in the tank vehicle. O. Reg. 521/93, s. 10.

11. (1) If the owner or operator of a retail outlet, marina or bulk plant plans to make a modification to the facility, the operator shall apply to the Director for a new licence if the modification,

(a) results in an additional type of service being offered at the facility;

(b) converts the type of service offered at the facility to another type of service; or

(c) in the case of the operator of a bulk plant, affects the storage capacity for which the plant is licensed.

(2) An operator who applies for a new licence under subsection (1) shall apply before making the modification and shall submit with the application,

(a) the licence number of the facility to which the modification is made;

(b) a description of the modification; and

(c) with respect to any storage tank removed or replaced, except for an above-ground storage tank with a storage capacity of 2500 litres or less, a statement setting out,

(i) the material used to manufacture the tank and any associated piping, and

(ii) the year of manufacture of the tank. O. Reg. 521/93, s. 11.

12. (1) A person who plans to construct a retail outlet, marina, bulk plant or private outlet or to make a modification to such a facility shall submit drawings of the proposed facility or modification in triplicate to the Director for approval.

(2) A drawing referred to in subsection (1) shall be submitted before construction begins or the modifications are made.

(3) Upon approving the drawings, the Director shall return one copy of the drawings to the applicant.

(4) A person is not required to submit drawings under subsection (2) if,

(a) the drawings were prepared by an engineer and are kept at the construction site during construction; and

(b) the person submits a written declaration to the Director signed by the engineer and stating that the engineer stamped and signed the drawings and that the drawings comply with the specifications of the Code.

(5) This section does not apply to the construction of or a modification made to a farm containing an above-ground storage tank with a storage capacity of 5,000 litres or less. O. Reg. 521/93, s. 12.

13. If the operator of a retail outlet, marina, bulk plant or tank vehicle changes, the new operator shall immediately apply for a licence under subsection 6 (1) of the Act. O. Reg. 521/93, s. 13.

14. (1) If an underground storage tank situated at a private outlet or any equipment that is necessary to the use and functioning of the tank is removed or replaced, the replacement tank or equipment and any remaining tank or equipment shall be approved by the Director.

(2) The owner or the operator of the private outlet shall within fourteen days of the removal or replacement of the tank or equipment provide the Director with the following information:

1. With respect to any replacement or remaining tank:

i. The type of material used to manufacture the tank.

ii. The year of the manufacture of the tank.

iii. The year of the tank’s installation.

iv. The type of product being stored.

v. The type of corrosion protection.

vi. The tank’s storage capacity.

2. With respect to any replacement or remaining piping equipment associated with the removed or replacement tank:

i. The type of piping material.

ii. The year of the piping’s installation.

iii. The type of product being stored.

iv. The type of corrosion protection. O. Reg. 521/93, s. 14.

15. Drawings required by this Regulation and any report, record, statement or return required by the Code are prescribed documents for the purposes of clause 15 (2) (d) of the Act. O. Reg. 521/93, s. 15.

16. The following persons are appointed to assist in the enforcement of the Act and of this Regulation:

1. The Fire Marshal.

2. The Deputy Fire Marshal and the district Deputy Fire Marshal.

3. Inspectors and assistants to the Fire Marshal under the Fire Marshals Act. O. Reg. 521/93, s. 16.

17. (1) The Gasoline Handling Code published by the Fuels Safety Branch of the Ministry and dated January 1, 1993 is hereby adopted as part of this Regulation.

(2) The standards, procedures and requirements of the Code shall be complied with by all persons engaged in the handling of gasoline or associated products or in the sale, installation, maintaining, repairing, servicing or removing of equipment. O. Reg. 521/93, s. 17.

18. (1) The Director may, upon application, grant permission to deviate from the requirements of this Regulation or the Code if the Director is satisfied that the deviation will not detrimentally affect public safety.

(2) The Director may impose such conditions to a permission granted under subsection (1) as the Director deems necessary to ensure the public safety. O. Reg. 521/93, s. 18.

19. (1) The engineering services, for which the fees prescribed in the Schedule are payable, include services for plan or drawing reviews, deviation requests, monitoring field development projects, general consultations and site remediation.

(2) The Director may specify circumstances in which the fee payable under this Regulation for inspections or engineering services shall be increased to cover the travel time and the reasonable travel and living expenses of the inspector or the person providing the engineering services. O. Reg. 531/93, s. 4.

19.1 (1) If the name of the owner on a licence or the name on a contractor’s certificate of registration changes, the holder of the licence or certificate of registration shall apply to the Director for a licence or certificate of registration containing the new name.

(2) The fee prescribed in the Schedule is payable for the licence or certificate of registration containing the new name.

(3) If the address of the owner on a licence or the address on a contractor’s certificate of registration changes, the holder of the licence or certificate of registration shall notify the Director of the new address within fourteen days of the change. O. Reg. 531/93, s. 4.

(4) A fee set out in the Schedule that is expressed as an amount per hour is payable on the basis of each quarter hour or part of a quarter hour that the person charging the fee spends, subject to the minimum set out in the Schedule. O. Reg. 447/96, s. 1.

19.2 All fees referred to in the Schedule are non-refundable. O. Reg. 531/93, s. 4.

SCHEDULE

FEES

Item No.	Description	Fees $
1.	Application for a licence to operate a bulk plant, or for renewal of the licence, if the storage capacity of the bulk plant is, (a) less than 350,000 litres (b) 350,000 to 2,299,999 litres (c) 2,300,000 litres or more	210.00 1,050.00 2,100.00
2.	Application for a licence to operate a retail outlet or for the renewal of the licence	155.00
2.1	Application for a licence to operate a marina or for the renewal of the licence	100.00
3.	Application for a licence to transport gasoline or an associated product, or for renewal of the licence	105.00
4.	Application for registration as a contractor, or renewal of the registration	210.00
5.	Issuance of a duplicate licence or certificate of registration	15.00
6.	Issuance of a licence or certificate of registration containing a new name	15.00
7.	Inspection services	120.00 per hour for each inspector providing the services, minimum of one hour
8.	Engineering services	120.00 per hour for each person providing the services, minimum of one hour

O.Reg. 531/93, s. 5; O. Reg. 447/96, s. 2.