Licensing of certain facilities
 27.1 (1) Except if the director issues a conditional licence under section 32, if a person requires a Level 2 risk and safety management plan to operate a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre, the director shall not consider an application for a licence for the facility, an application for the renewal of such a licence occurring in the first year after subsection (2.1) comes into force or an application for a modification of the facility unless it is accompanied by an approval from 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. 3 (1). (2) The approval of the fire service shall indicate that the fire service has approved all components of the Level 2 risk and safety management plan that address fire safety, fire protection and emergency preparedness.  O. Reg. 440/08, s. 7; O. Reg. 464/10, s. 3 (2). (2.1) Except if the director issues a conditional licence under section 32, if a person requires a Level 1 risk and safety management plan to operate a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre, the director shall not consider an application for a licence for the facility, an application for the renewal of such a licence occurring in the first year after this subsection comes into force or an application for a modification of the facility unless, (a) the director confirms that the fire service responsible for the area where the facility is located has had an opportunity to review the plan before the person files it with the director and to comment on it in relation to emergency response and preparedness procedures, 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; and (b) the plan as filed with the director sets out the comments, if any, described in clause (a) and how the applicant proposes to address them.  O. Reg. 464/10, s. 3 (3). (3) On application for a licence for a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre or on application for its renewal, the applicant shall ensure that at least one person referenced in subsection (4) holds a certificate or a ROT that is at least at the highest level of certificate or certificates or ROT required for the operation of the referenced facility.  O. Reg. 440/08, s. 7. (4) For the purposes of subsection (3) the person who must hold the certificate or ROT is, (a) an officer or director, in the case of a corporation; (b) a partner, in the case of a partnership; (c) the proprietor, in the case of a sole proprietorship; or (d) a senior management person who is responsible for the oversight of the propane operations to which the licence applies and who is designated by the applicant on a form approved by the Director. O. Reg. 440/08, s. 7; O. Reg. 464/10, s. 3 (4); O. Reg. 196/14, s. 2 (1). (5) On application for a licence for a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre or on application for a modification, the applicant shall provide a letter from the municipality or, in the case of land within a planning area consisting of territory without municipal organization, the planning board where the referenced facility is located, (a) indicating that the referenced facility’s use for its intended purpose does not contravene the zoning by-laws of the municipality or of the planning board, as the case may be; (b) confirming that the municipality or the planning board has been provided details of the proposal and has had the opportunity to comment to the applicant on the land use planning aspects of the proposal; and (c) setting out any comments referred to in clause (b) and how the applicant intends to address those applicable to the applicant’s risk and safety management plan.  O. Reg. 440/08, s. 7. (6) For the purposes of licensing or renewing the licence of a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre, the director shall consider its total capacity.  O. Reg. 440/08, s. 7. (7) Revoked: O. Reg. 196/14, s. 2 (2). (8) If an operator of a facility that is a retail outlet, filling plant, cardlock/keylock, private outlet or container refill centre applies for and receives the approval of the director for the modification, the operator may modify the facility to reduce the total capacity of the facility so that clause 3.1 (0.1) (a) requires the operator to file a Level 1 risk and safety management plan with the director.  O. Reg. 464/10, s. 3 (5).