Risk and safety management plan, certain facilities
 3.1 (0.1) No person shall operate a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre unless, (a) the person has filed a Level 1 risk and safety management plan with the director that meets the requirements of subsections (0.2) and (2) if the facility has no more than the greater of, (i) a total capacity of 5,000 USWG, and (ii) fixed storage capacity of 5,000 USWG and portable storage capacity of no more than 500 USWG, if it has fixed storage capacity of exactly 5,000 USWG; (b) the person has filed a Level 2 risk and safety management plan with the director that meets the requirements of subsections (1) and (2) if clause (a) does not require the person to file a Level 1 risk and safety management plan with the director; (c) the director has given the confirmation described in subsection (4) with respect to the risk and safety management plan that the person is required to have to operate the facility or the person holds a conditional licence under section 32; (d) the person operates the facility in accordance with the risk and safety management plan that the person is required to have to operate the facility; and (e) except if the person holds a conditional licence under section 32, the person has taken the measures set out in the risk mitigation and control plan required under paragraph 3 of subsection (1) and the emergency response and preparedness plan required under paragraph 4 of subsection (1), if applicable.  O. Reg. 464/10, s. 2 (1). (0.2) A Level 1 risk and safety management plan for a facility shall be in the form approved by the director, shall be signed by the operator of the facility who attests that the information provided in the plan is accurate and shall, at a minimum, provide the following information: 1. A facility site plan that identifies the storage location of propane vessels, including a map of the surrounding area. 2. The hazard distance based on the single largest propane vessel. 3. Identification of residential, commercial and industrial buildings and sensitive institutions within the hazard distance. 3.1 The location of any police, fire or ambulance stations within the hazard distance. 4. An emergency response and preparedness plan. O. Reg. 196/14; s. 1; O. Reg. 173/15, s. 1. (1) A Level 2 risk and safety management plan for a facility shall, at a minimum, address the following matters: 1. A hazard analysis that identifies possible hazardous scenarios, the frequency of those scenarios and their consequences, and that takes into account, i. the most severe incident or situation that could occur at the referenced facility based on the total capacity of propane at the referenced facility, and ii. any less severe incident or situation that could occur at the referenced facility. 2. A risk assessment that is based on the single largest transient, mobile, portable, or fixed propane storage vessel, as the case may be, at the referenced facility and that, i. estimates the injury or death that would likely be caused to people at or in the vicinity of the referenced facility as a result of an incident or situation described in paragraph 1, ii. reasonably estimates the hazard distance applicable to the referenced facility, and iii. concludes that the assessed risk is acceptable based on the measures described in paragraphs 3 and 4. 3. A risk mitigation and control plan that is based on the reasonable measures taken to limit the risks assessed in subparagraphs 2 i and ii. Where total capacity at the referenced facility exceeds 5,000 USWG, the risk mitigation and control plan, in addition to accounting for the matters in subparagraph 2 i, shall also consider nearby land use. 4. An emergency response and preparedness plan that provides for onsite and offsite procedures, including evacuation procedures, to be followed in the event of an incident or situation described in paragraph 1.  O. Reg. 440/08, s. 2; O. Reg. 464/10, s. 2 (2). (2) A Level 1 risk and safety management plan shall be prepared by the operator of the facility to which the Level 1 plan relates and a Level 2 risk and safety management plan shall be prepared by a professional engineer.  O. Reg. 464/10, s. 2 (3). (3) A person who is applying for a licence to operate a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre and for which a licence has not been issued under this Regulation on or before the day this subsection comes into force shall prepare and file the required risk and safety management plan with the director when applying for the licence.  O. Reg. 464/10, s. 2 (3). (4) Upon receiving a Level 1 or a Level 2 risk and safety management plan, the director shall confirm, as the case may be, that, (a) the Level 1 risk and safety management plan contains the information required by subsection (0.2) and meets the requirements of subsection (2); or (b) the Level 2 risk and safety management plan meets the requirements of subsections (1) and (2).  O. Reg. 464/10, s. 2 (3). (5) Once the director has confirmed that a Level 1 risk and safety management plan contains the information required by subsection (0.2) and meets the requirements of subsection (2), the person who operates the facility to which the plan relates shall provide a copy of the plan to the fire service responsible for the area where the facility is located, except if the area is a territory without municipal organization that does not have a fire department established by an agreement under clause 3 (2) (b) of the Fire Protection and Prevention Act, 1997.  O. Reg. 464/10, s. 2 (3). (6) The director shall make available to the public, in print or electronic form, the emergency response procedures set out in the Level 1 risk and safety management plan or the evacuation procedures set out in the Level 2 risk and safety management plan, as the case may be.  O. Reg. 464/10, s. 2 (3). (7) No person shall operate a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre with fixed, portable, mobile or transient storage, or any combination of them, in excess of that provided for under the risk and safety management plan that the person is required to have to operate the facility.  O. Reg. 464/10, s. 2 (3). (8) A person who operates a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre and who is required to file a Level 1 risk and safety management plan with the director shall, (a) maintain the plan up to date; and (b) when applying to renew the licence for the facility, file the updated plan with the director and, except if the area where the facility is located is a territory without municipal organization that does not have a fire department established by an agreement under clause 3 (2) (b) of the Fire Protection and Prevention Act, 1997, provide a copy of the updated plan to the fire service responsible for the area.  O. Reg. 464/10, s. 2 (3). (9) A person who operates a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre and who is required to file a Level 2 risk and safety management plan with the director shall maintain an up-to-date account of any changes to identified hazards, assessed risks and the emergency response and preparedness plan contained in the risk and safety management plan and shall conduct, at least annually, a review of the latter plan.  O. Reg. 464/10, s. 2 (3). (10) A person who operates a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre shall, (a) give written notice to the director within 15 days of a change to any of the information contained in the risk and safety management plan that the person is required to have to operate the facility; (b) update the risk and safety management plan to reflect the change; and (c) take any risk mitigation and control measures and emergency response and preparedness measures identified as part of the update.  O. Reg. 464/10, s. 2 (3).