5. (1) Every registered dyer shall install, maintain and repair or replace as necessary, at every dye-point operated by the registered dyer, such equipment as is required for the mechanical and automatic injection of dye into fuel for the purpose of colouring fuel under all climatic conditions and, without limiting the generality of the foregoing, such equipment shall include, (a) a controlled electrical energy source activated by a mechanical switch to supply electrical energy to a pilot solenoid; (b) a pilot solenoid to operate a dye flow switching device; (c) a dye flow switching device consisting of a spool valve or four-way valve for directing the flow of dye to either end of a calibrated free piston cylinder; (d) a calibrated free piston cylinder or other measuring device capable of delivering a predetermined amount of dye into the fuel line; (e) a supply tank for the storage of dye, mounted horizontally or vertically and having, (i) an eight inch inspection port that is easily accessible at the uppermost position on the tank, and (ii) a dye line leading to a dye line outlet, and that portion of the dye line that is within the supply tank shall be so constructed that the intake to the dye line is situated a minimum of six inches from the bottom of the tank; (f) as part of each supply tank referred to in clause (e), (i) one or more pumps to dispense dye at a pressure in the dye line that exceeds the pressure in the fuel line by a minimum of 175 kilopascals, and (ii) equipment that is both designed and operated with sufficient frequency to ensure the proper concentration of dye throughout the product contained in the supply tank at all times; (g) an in-line filter of adequate density to remove any undissolved matter installed between the supply tank described in clause (e) and the switching device described in clause (c); (h) meters approved and certified to be accurate under the Weights and Measures Act
(Canada) to record individual and cumulative total volumes of fuel dispensed and to activate a pulser, but a registered dyer may dispense with such equipment where the dye-point is used exclusively for loading railway tank cars and is equipped with a product movement sensor that is approved by the Minister and that activates a pulser; (i) a pulser to control the electrical supply to the pilot solenoid described in clause (b) for the purpose of injecting preset volumes of fuel at a rate of not less than one pulse of dye for each 100 litres of fuel; (j) a relay assembly for directing electrical current to solenoid switches, enclosed in a box constructed to provide protection against tampering or explosion; (k) a fuel line solenoid valve, normally shut, through which all fuel delivered from the loading arm dedicated to the system of which the injection equipment is a part must flow; (l) a fuel line solenoid switch operating the fuel line solenoid valve described in clause (k); (m) a by-pass valve located on the dye line following the injection device described in clause (d) to facilitate measuring the quantity of dye injected; (n) a dye-flow monitor switch; and (o) a printing device that produces a loading document for each delivery showing the amount of fuel dispensed through the rack and loading arm.  R.R.O. 1990, Reg. 464, s. 5 (1); O. Reg. 532/94, s. 7 (1, 2). (2) No design for a fuel delivery system and no placement or arrangement of components in the dye injection or fuel delivery system that, in the Minister’s opinion, will permit the delivery of fuel that has not been coloured from the loading arm dedicated to the fuel delivery system shall be used in colouring fuel.  R.R.O. 1990, Reg. 464, s. 5 (2). (3) Every registered dyer shall ensure that the equipment described in subsection (1) will stop the flow of fuel and the injection of dye automatically not more than thirty-five seconds after the occurrence of any malfunction.  R.R.O. 1990, Reg. 464, s. 5 (3); O. Reg. 532/94, s. 7 (3). (4) Despite subsection (3), where the printing device described in clause (1) (o) ceases to operate but the pulser in clause (1) (i) continues to operate, the loading document for each delivery may, when authorized by the Minister, be produced manually until the printing device is repaired and a loading document manually produced shall be certified accurate by the employee of the registered dyer in charge of the bulk plant or terminal at the time of the failure of the printing device.  R.R.O. 1990, Reg. 464, s. 5 (4); O. Reg. 532/94, s. 7 (3). (5) Every registered dyer shall allow any person authorized by the Minister access to every component of the dye injection system described in subsection (1) for the purpose of affixing seals provided by the Minister and, without limiting the generality of the foregoing, shall include, (a) every connection or coupling on the dye line located above ground; and (b) every valve, inlet or outlet in the dye injection system, and, where any component is inaccessible or cannot otherwise be sealed, the registered dyer shall enclose the component fully in a secure box or cover to which a seal may be affixed.  R.R.O. 1990, Reg. 464, s. 5 (5); O. Reg. 532/94, s. 7 (3). (6) Despite subsection (1), every registered dyer who operates a facility for delivering fuel into a storage tank from a pipeline or a motor vessel and who, during such delivery, colours fuel for the purpose of the Act and regulations, shall install, maintain and repair or replace as necessary, at every dye-point operated by the registered dyer to colour the fuel, such equipment as is required for the mechanical and automatic injection of dye into fuel for the purpose of colouring fuel under all climatic conditions and, without limiting the generality of the foregoing, the equipment shall include, (a) a flow switch on the main fuel transfer line to activate the dye injection system; (b) a dye injection system consisting of, (i) a dye supply tank as described in clause 5 (1) (e), (ii) two controlled volume positive displacement pumps, connected in parallel, installed in such a manner as to ensure that should one pump become inoperative, the other will be manually activated within such time as to ensure the proper injection of dye to retain the dye to fuel ratio established by the Minister and to dispense dye in the dye line at a pressure that exceeds the pressure in the fuel line by a minimum of 175 kilopascals, (iii) a manually operated pump connected in parallel to the controlled volume displacement pumps described in subclause (ii) for use in the event of a malfunction in the controlled volume displacement pump, (iv) an in-line filter or filters of adequate density to remove any undissolved matter installed between the dye supply tank and the pumps described in subclauses (ii) and (iii), (v) a flow meter on the dye injection line to indicate individual and cumulative quantities of dye injected and to control the positive displacement pumps from a preset type batch register, (vi) a flow switch on the dye injection line that will sound an alarm to indicate a malfunction in the dye injection system in the event there is no flow of dye, (vii) a low level alarm switch in the dye supply tank set at a level to ensure that the usable quantity of dye in the tank is sufficient to colour the total volume of fuel expected during any delivery; and (c) dye injection system controls consisting of, (i) a dye system electrical power supply switch to supply electrical energy to the control system, (ii) an interlock connection between the flow switch described in clause (a), the flow meter preset batch register described in subclause (b) (v), and the positive displacement pumps described in subclause (b) (ii), (iii) a key-lock timer that, (A) is activated each time a signal is received from the flow switch referred to in subclause (b) (vi), (B) is interlocked to the supply pump starter or starters on the loading arm or arms referred to in subsection (2), (C) resets automatically to zero when the dye line flow returns to normal, (D) is so constructed that a malfunction in the dye injection system will initially sound the alarm referred to in subclause (b) (vi), (E) is so constructed that if the malfunction referred to in sub-subclause (D) is not remedied in a preset time, it will ensure that the proportion of dye in the fuel is as established by the Minister and it will stop the loading arm’s supply pump or pumps.  R.R.O. 1990, Reg. 464, s. 5 (6); O. Reg. 532/94, s. 7 (3); O. Reg. 556/99, s. 2. (7) Every registered dyer shall, (a) notify the Minister prior to each presetting of the timer prescribed in subclause (6) (c) (iii), and shall provide with such notification the name and position of the person presetting the timer and the reason for the presetting; and (b) allow any person authorized by the Minister to affix a seal provided by the Minister to every component of the dye injection system described in this subsection to which, in the opinion of the Minister, seals should be affixed.  R.R.O. 1990, Reg. 464, s. 5 (7); O. Reg. 532/94, s. 7 (3). (8) Every registered dyer shall ensure that dye furnished by the Minister to colour fuel which is in the possession of the registered dyer is kept in a sealed container in a secure place and is used only for the colouring of fuel in the prescribed manner and for no other purpose.  O. Reg. 532/94, s. 7 (4). (9) Every registered dyer shall immediately report to the Minister any breakdown or malfunction of the equipment or any failure to follow any of the methods and procedures prescribed by the Minister to be observed in the colouring of fuel or in the storage, transportation or delivery of coloured fuel.  O. Reg. 532/94, s. 7 (4). (10) Every person who owns or operates equipment used to colour, store, transport or deliver coloured fuel shall ensure that the equipment bears the identifying labels described in section 6.1 and the seals affixed by a representative of the Minister under this section.  O. Reg. 276/00, s. 4. (11) Despite any other provision in this section, upon written consent of the Minister, on such conditions and restrictions as the Minister considers appropriate, a registered dyer may colour fuel with a dye injection system or may use a fuel delivery system that delivers coloured fuel from a loading arm that also delivers clear fuel or may do both, (a) for a specified period of time for the purpose of testing such dye injection system or fuel delivery system or both or; (b) on a permanent basis.  O. Reg. 141/96, s. 5. (12) Where a registered dyer wishes to use a dye injection system or fuel delivery system under subsection (11), it must satisfy the Minister that the dye injection system or fuel delivery system will dye or deliver fuel in accordance with the prescribed specifications and will not allow, (a) the contamination of either coloured fuel or clear fuel with the other fuel; (b) the delivery of clear fuel when coloured fuel is intended to be delivered or the delivery of coloured fuel when clear fuel is intended to be delivered.  O. Reg. 141/96, s. 5.