Regulation - LGIC

Proposed regulatory amendments to Regulation 211/01 of the Technical Standards and Safety Act, 2000

Regulation Number(s):
O. Reg. 211/01
O.Reg 464/10
Instrument Type:
Regulation - LGIC
Bill or Act:
Technical Standards and Safety Act, 2000
Summary of Decision:
Reg 211/01 has been amended to adjust the Risk and Safety Management Plan (RSMP) process for small propane transfer facilities and to provide an additional 120 days for all propane transfer facilities to file their RSMPs.

Small facilities are those with a total capacity of 5,000 US water gallons (USWG) or less and facilities where the fixed storage capacity is exactly 5,000 USWG and there is no more than 500 USWG of portable storage capacity on the site. Medium and large facilities have a total capacity of 5,000 USWG or more.

The amendments to the Regulation are as follows:
• Provide a Level 1 RSMP template for small facilities. The Level 1 RSMP which includes facility information, a site plan and map of the surrounding area, and an emergency response and preparedness plan.
• Medium and large propane facilities complete a Level 2 RSMP that is prepared by a professional engineer.
• Provide all facilities an additional 120-days following their annual licence renewal date in 2011 to file their RSMP with the TSSA.
• Clarify the regulation to indicate where there is no local fire service responsible for the area in which a facility is located, the facility is not required to seek fire services approval for a Level 2 RSMP or fire services review and comment for a Level 1 RSMP.
• Clarify the regulation to allow for an alternate senior management person to be designated to complete the required Record of Training requirements where there is no officer, director, partner or proprietor in existence or such person is not in Ontario.

The effective date for regulation is January 1, 2011 except for the Record of Training amendment which came into force upon filing.
Further Information:
Proposal Number:
Posting Date:
October 5, 2010
Summary of Proposal:
In December 2008, the government made amendments to the regulations under the Technical Standards and Safety Act, 2000 to implement the recommendations of the Propane Safety Review panel (see Additional Document 1 - Report of the Propane Safety Review). The amendments were made to O. Reg 211/01 (Propane Storage and Handling) and to O. Reg. 2115/01 (Fuel Industry Certificates).

These amendments included a requirement for certain propane transfer facilities in Ontario (retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre) to have a risk and safety management plan (RSMP) in place as a condition of licensing beginning January 1, 2011 (see Additional Document 2 - Propane Storage and Handling (O. Reg. 211/01) of the Technical Standards and Safety Act, 2000). An RSMP identifies hazards, assesses risks, identifies mitigation measures, and sets out an emergency response and preparedness plan for each facility. Ontario is the first province to require RSMPs for propane facilities.

The Ministry of Consumer Services seeks comments on a proposal to adjust the RSMP process for small facilities (total capacity of fixed and transient storage equal to or less than 5,000 US Water Gallons) and provide a 90-day extension for all facilities. The adjustment would be consistent with the Propane Safety Review, would scale the RSMP process to facility size, and would support industry compliance through transitional timing relief.
Contact Address:
Ministry of Consumer Services
Policy Branch
777 Bay Street, 5th Floor
Toronto, ON M7A 2J3
Phone: (416) 326-8862
Fax: (416) 326-8885
Effective Date:
January 1, 2011