GUY FUELS & PROPANE INC - Approval for variance from the Liquid Fuels Handling Code

Instrument type: Approval for variance from the Liquid Fuels Handling Code

ERO number
019-2355
Ministry reference number
SR 2913614
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
September 4, 2020 - October 4, 2020 (30 days) Closed
Last updated

This consultation was open from:
September 4, 2020
to October 4, 2020

Decision summary

The variance has been approved.

Location details

Site address

12041 DAWLEY DR
WINCHESTER, ON
Canada

Site location details

Cardlock

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

GUY FUELS & PROPANE INC
12041 DAWLEY DR,
WINCHESTER, ON
K0C 2K0
Canada

Decision details

The cardlock may operate with the gasoline and diesel dispensers in their current location.  Cardlock customers must turn off their engines when fueling (similar to a self-serve gas station); Guy Fuels has signs posted to that effect, and the requirement is documented in an agreement that customers must sign.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

How to Appeal

This instrument decision can be appealed. You have 15 days from October 7, 2020 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)


Proponent(s)

GUY FUELS & PROPANE INC
12041 DAWLEY DR,
WINCHESTER, ON
K0C 2K0
Canada


Appellate body

The Registrar
Divisional Court (Toronto Region)
130 Queen Street West
Osgoode Hall - Room 174
Toronto 
M5H 2N5 
Phone: (416) 327-5100 
Fax: (416) 327-5549


Include the following:

ERO number
019-2355
Ministry reference number
SR 2913614

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-2355
Ministry reference number
SR 2913614
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

September 4, 2020 - October 4, 2020 (30 days)

Proposal details

Clause 5.4.2. of the Liquid Fuels Handling Code (LFHC) requires the minimum distance between a gasoline and diesel dispenser to be six metres at cardlock/keylock facilities, unless the facility is interlocked to prevent simultaneous operation of the gasoline and diesel dispensers. This clause is intended to prevent gasoline vapours being ignited by diesel engines.

To prevent gasoline vapours being ignited by diesel engines, Guy Fuels requires its cardlock customers to turn off their engines when fueling; Guy Fuels has signs posted to that effect, and the requirement is documented in an agreement that customers must sign. 

This cardlock (which operates 24/7) is located on the same site as the Guy Fuels office; staff are on site between 6:30 a.m. and 4:30 p.m., when the bulk of the business occurs (outside of office hours, it is unlikely that more than one vehicle would fuel at the cardlock at the same time).

Since the cardlock began operating in 2003, there have been no incidents or near-misses at Guys Fuels.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from September 4, 2020
to October 4, 2020

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