This consultation was open from:
November 26, 2021
to December 26, 2021
Decision summary
The variance is approved
Location details
Site address
1805 VICTORIA PARK AVE
SCARBOROUGH,
ON
M1R 1T3
Canada
Site location details
Gas station
Proponent(s)
SHELL CANADA
400 4TH AVE SW
CALGARY,
AB
T2P 0J4
Canada
Decision details
Shell Canada may replace the underground product piping with new piping by December 31, 2022.
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.
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from January 6, 2022 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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
SHELL CANADA
400 4TH AVE SW
CALGARY,
AB
T2P 0J4
Canada
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:
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.
Connect with us
Contact
Marek Kulik
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
Original proposal
Proposal details
1805 Victoria Park Ave, Scarborough SR 3041414
463 Wellington Rd, London SR 3041418
396 North Front St SR 3041420
1140 Highbury Ave N, London SR 3041428
204 Grove Street, Barrie SR 3041434
720 March Rd, Kanata SR 3041440
2695 Credit Valley Rd, Mississauga SR 3148996
5 Great Lakes Drive, Brampton SR 3149004
Liquid Fuels Handling Code (LFHC) Requirements that Could Not be Met:
4.5.1.3.
(a) Double-wall underground pressure piping systems that were installed prior to January 1, 2006, and were approved to one of the following standards
- ULC/ORD-C107.4-1992, Ducted Flexible Underground Piping System for Flammable and Combustible Liquids;
- ULC/ORD-C107.7-1993, Glass-Fibre Reinforced Plastic Pipe and Fittings for Flammable and Combustible Liquids; or
- ULC/ORD-C107.19-1992, Secondary Containment of Underground Piping for Flammable and Combustible Liquids
shall be upgraded with Electronic Line Leak Detection (ELLD) within three years of the effective date of this code.
- If the certification for the pipe is undetermined, the piping shall be upgraded in accordance with (a).
- The ELLD shall be programmed to run the 0.76 L/h test every month and the 0.38L/h test annually and it shall shut down the submersible turbine pump when a leak is detected.
Why the Code Could Not be Met
Due to the 2020 construction delays caused by COVID-19 related restrictions and challenges, Shell’s underground piping replacement projects were pushed out to 2022 (i.e., 2020 construction projects were considered higher priority and were therefore completed in 2021).
Shell has been working to meet the code requirement at each of its sites by upgrading a series of sites each year since the code requirement was introduced. Shell’s original construction schedule would have allowed them to complete all site upgrades prior to the deadline, had there not been interruptions due to COVID-19 in 2020.
Equivalent Safety Measures
There are several activities that Shell engages in to ensure their petroleum systems are in working order and do not pose any risks to the environment. These include:
- Shell currently monitors their piping systems with liquid sensors in the dispenser sumps.
- Third party petroleum and facility maintenance contractors perform annual and bi-annual inspections on all fuel systems.
- The retailers perform weekly inspections and are mandated to call in any irregularities they may observe.
- Shell's SIR (Statistical Inventory Reconciliation) group monitors any variances, and if they determine that any discrepancies are concerning or have a pattern, they request to have Tank and Line testing performed by Cantest, a company that specializes in third party leak detection testing, evaluation and calibration services for storage tanks and fuel dispensing equipment.
Please note that TSSA has granted a similar variance for Husky sites.
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.
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
Comment
Commenting is now closed.
This consultation was open from November 26, 2021
to December 26, 2021
Connect with us
Contact
Marek Kulik
345 Carlingview Drive
Toronto,
ON
M9W 6N9
Canada
Comments received
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