jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
2. (1) This Regulation applies to facilities where gasoline or an associated product is handled, loaded or dispensed to be used as a fuel in motor vehicles or as a fuel oil. O. Reg. 217/01, s. 2 (1). (2) This Regulation does not apply to, (a) equipment or installations associated with standby generators or heating oil systems; (b) any matter regulated under Ontario Regulation 213/01 (Fuel Oil); (c) any matter relating to the subject matter of this Regulation that is regulated by the Government of Canada; (d) the storage, handling and use of equipment or installations for gaseous fuels; (e) processing plants where the resulting product is not used as a fuel; (f) petroleum refineries; (g) equipment or installations at underground parts of an underground mine that are subject to the Occupational Health and Safety Act, or fuels packaged as consumer goods. O. Reg. 217/01, s. 2 (2).
General requirement for compliance
3. (1) Every person engaged in an activity, use of equipment, process or procedure to which the Act and this Regulation apply shall comply with the Act and this Regulation. O. Reg. 217/01, s. 3 (1). (2) For the purpose of subsection (1), the reference to an activity, use of equipment, process or procedure includes, but is not limited to, design, construction, installation, repair, maintenance, modification, service, use or equipment disposal associated with gasoline and associated products. O. Reg. 217/01, s. 3 (2). (3) The holder of a licence for a facility is responsible for ensuring compliance with all of the requirements of this Regulation with respect to the facility whether the person is in attendance at the facility or not. O. Reg. 217/01, s. 3 (3). (4) The holder of a licence for a tank vehicle is responsible for ensuring compliance with all of the requirements of this Regulation with respect to the tank vehicle whether the person is in attendance at the tank vehicle or not. O. Reg. 217/01, s. 3 (4).
Licences and registrations
4. (1) Subject to subsection (2), the director shall, upon an application by an applicant, (a) issue a licence, a duplicate licence, a licence with new information or a renewal of a licence to operate a retail outlet, a marina or a bulk plant; (b) issue a licence, a duplicate licence, a licence with new information or a renewal of a licence to transport gasoline or associated products; or (c) issue a registration, a duplicate registration, a registration with new information or a renewal of a registration as a contractor, subject to Ontario Regulation 216/01 (Certification of Petroleum Equipment Mechanics). O. Reg. 217/01, s. 4 (1). (2) It is a condition of the issue of any of the documents set out in subsection (1) that an inspector carry out an inspection of the retail outlet, marina, bulk plant or of the tank vehicle to which the application relates and confirm that the facility or vehicle complies with the requirements of this Regulation. O. Reg. 217/01, s. 4 (2).
Activities to comply with Regulation
5. (1) No person shall operate, install, alter, repair, service, test, remove or use any equipment or any other thing employed or to be employed in the handling or use of gasoline or an associated product or test, use, supply, transport, store, handle or transfer gasoline or an associated product except in accordance with this Regulation. O. Reg. 217/01, s. 5 (1). (2) Every person who carries out an activity referred to in subsection (1) shall instruct their employees to comply with the Act and this Regulation and shall take every precaution that is reasonable in the circumstances to ensure that the employees comply with the Act and this regulation or any other applicable regulation. O. Reg. 217/01, s. 5 (2).
Authorization required for handling
6. No person shall handle gasoline or an associated product unless the person is the holder of a licence or registration, or of a certificate for that purpose. O. Reg. 217/01, s. 6.
Registration as contractor
7. (1) No person shall act as a contractor unless the person is registered as a contractor. O. Reg. 217/01, s. 7 (1).  (2) All vehicles operated by a registered contractor, whether leased or owned, shall be clearly marked with the name and registration number as recorded on the contractor’s registration certificate. O. Reg. 217/01, s. 7 (2).
Licence, registration or certificate required 
8. (1) Subject to subsection (2), no person shall install, alter, purge, activate, repair, service or remove any equipment or other thing employed or to be employed in the handling or use of gasoline or an associated product unless the person is the holder of a licence, registration or certificate for that purpose, as the case requires. O. Reg. 217/01, s. 8 (1). (2) A person who is not the holder of the required licence, registration or certificate may install, alter, purge, activate, repair, service or remove equipment or any other thing under subsection (1) if he or she does so in the actual presence of a holder of a certificate for the relevant purpose. O. Reg. 217/01, s. 8 (2).
Use of approved equipment only
9. No person shall use in a private outlet, retail outlet, marina or bulk plant equipment that is not approved. O. Reg. 217/01, s. 9.
Licence required
10. (1) No person shall operate a retail outlet, a marina or a bulk plant unless it is licensed. O. Reg. 217/01, s. 10 (1).  (2) No person shall transport gasoline or an associated product without a licence to do so. O. Reg. 217/01, s. 10 (2).
Certificate required
11. No person shall install, repair, service or remove equipment at a facility unless the person holds a certificate for that purpose. O. Reg. 217/01, s. 11.
Prohibited activities without approval
12. Where this Regulation requires the approval of equipment or other thing employed or to be employed in the handling or use of gasoline or an associated product, no person shall offer for sale, sell, lease, rent, buy, use, supply or install the equipment or other thing unless it is approved or will be approved. O. Reg. 217/01, s. 12.
Occurrence or accident
13. (1) Where it appears that asphyxiation, explosion or fire has occurred because of the use, handling or storage of gasoline or an associated product, the owner or operator of the facility or the holder of the licence, registration or certificate shall forthwith notify an inspector of the occurrence by telephone, fax or any other form of electronic transmission, and an operator of a facility or a licence holder shall have in place procedures for such notification. O. Reg. 217/01, s. 13 (1). (2) The discovery of a petroleum product that has escaped into the environment or inside a building, a spill or a confirmed leak shall be reported to the director by the operator of the facility or the licence holder. O. Reg. 217/01, s. 13 (2). (3) No person shall interfere with or disturb any wreckage, article or thing at the scene of the occurrence that is connected with it except in the interest of public safety, saving a life, relieving human suffering, continuity of service or preservation of property. O. Reg. 217/01, s. 13 (3). (4) Where it is permitted to interfere with or disturb wreckage, an article or a thing under subsection (3), no person shall carry away or destroy any wreckage, an article or thing unless an inspector has given permission to do so. O. Reg. 217/01, s. 13 (4).
Safe operating condition
14. An operator or licence holder shall ensure that every container, equipment, facility or any other thing that is employed in the handling of gasoline or associated products is maintained in a safe operating condition. O. Reg. 217/01, s. 14.
Unacceptable condition — immediate hazard
15. (1) In this section and in section 16,  “unacceptable condition” means, (a) with respect to equipment or a facility, that it is being used for a purpose other than that for which it was approved, (b) with respect to equipment or a facility, that any deterioration of it is likely, in the director’s opinion, to impair its safe operation, or (c) with respect to equipment, that the condition of its state of repair, its mode of operation or its operating environment is likely, in the director’s opinion, to impair its safe operation or does not meet the requirements of this Regulation or, where it was installed before this Regulation came into force, that it does not meet the requirements of the predecessor to this Regulation as it existed when the equipment was installed. O. Reg. 217/01, s. 15 (1). (2) A supplier, a certificate holder or a contractor who finds that equipment or a work is in an unacceptable condition that constitutes an immediate hazard shall, (a) immediately take action to stop the supply of gasoline or an associated product to the equipment or facility; (b) immediately give the operator of the equipment or facility oral notice of the condition and of the action taken under clause (a); (c) promptly give written notice of the condition to the user, including a direction that the equipment or facility is not to be used until the condition is corrected; and (d) forward a copy of the notice required under clause (c) to the designated administrative authority. O. Reg. 217/01, s. 15 (2). (3) An operator to whom notice has been given under subsection (2) shall not use the equipment or facility or permit its use until the condition has been corrected and confirmation of the correction has been forwarded by the supplier, certificate holder or contractor to the designated administrative authority. O. Reg. 217/01, s. 15 (3).
Unacceptable condition — no immediate hazard
16. (1) A fuel supplier, a certificate holder or a contractor who finds that equipment or a facility is in an unacceptable condition but that it does not constitute an immediate hazard shall promptly give to the operator of the equipment or facility, a written notice, a copy of which shall be sent to the designated administrative authority, that sets out, (a) a description of the condition; and (b) a statement indicating that the supply of gasoline or associated product to the equipment or facility will be shut off if the condition is not corrected within the period of time specified in the notice. O. Reg. 217/01, s. 16 (1). (2) The period of time set out in a notice under clause (1) (b) shall not exceed 90 days. O. Reg. 217/01, s. 16 (2). (3) An operator to whom notice has been given under subsection (1) shall not use the equipment or facility or permit its use after the expiry of the period of time specified in the notice for correcting the condition until the condition has been corrected and confirmation of the correction has been forwarded by the supplier, certificate holder or contractor to the designated administrative authority. O. Reg. 217/01, s. 16 (3).
Off-site testing
17. (1) This section applies only to the testing of equipment, a component or an accessory that is carried out at a place other than the place where the equipment, component or accessory is installed for its intended use. O. Reg. 217/01, s. 17 (1). (2) A person may apply to a designated testing organization to have equipment, a component or an accessory tested under this section. O. Reg. 217/01, s. 17 (2). (3) The testing organizations approved by the Standards Council of Canada are designated as organizations to test equipment, components and accessories to applicable approved standards or laboratory test reports. O. Reg. 217/01, s. 17 (3). (4) A designated testing organization that tests an appliance, equipment, a component or an accessory under this section and finds that it conforms to the applicable approved standards or laboratory test reports shall place its label or symbol on it. O. Reg. 217/01, s. 17 (4).
On-site testing
18. (1) This section applies only to the testing of equipment, a component or an accessory that is carried out at a place where the equipment, component or accessory is installed for its intended use. O. Reg. 217/01, s. 18 (1). (2) A person may apply to the director to have equipment, a component or an accessory tested under this section. O. Reg. 217/01, s. 18 (2). (3) The director may test equipment, a component or an accessory to applicable approved standards or laboratory test reports for the purposes of this Regulation. O. Reg. 217/01, s. 18 (3). (4) If the equipment, a component or an accessory tested under this section conforms to the applicable approved standards or laboratory test reports, the director shall place his or her label or symbol on it. O. Reg. 217/01, s. 18 (4). (5) The director may refuse to test equipment, a component or an accessory if its design is substantially the same as one that has been tested and approved by a designated testing organization. O. Reg. 217/01, s. 18 (5). (6) Where a person applies under subsection (2), the director, or an inspector designated by the director, shall, (a) examine the equipment, component or accessory to determine whether it complies with this Regulation; and (b) affix an approved label or symbol to the equipment, component or accessory, if the director or inspector determines that it complies with this Regulation. O. Reg. 217/01, s. 18 (6). (7) An applicant under this section shall provide the director or inspector with all information, and conduct or cause to be conducted such tests, as are considered necessary by the director or inspector to determine that the equipment, component or accessory complies with this Regulation. O. Reg. 217/01, s. 18 (7). (8) The director may establish specifications or test reports for equipment and designate organizations to test equipment in accordance with such requirements. O. Reg. 217/01, s. 18 (8).
Registration of contractors
19. (1) An application for a registration as a contractor or its renewal shall be made to the director in the form published by the designated administrative authority, be accompanied by the fee set by the authority and by evidence that the applicant’s installations, repairs and other work has been inspected in accordance with subsection (2). O. Reg. 217/01, s. 19 (1). (2) An inspector may inspect the installations, repairs and other work of a contractor to determine whether they comply with this Regulation. O. Reg. 217/01, s. 19 (2).
Power of director to issue licence
21. The director may issue a licence where an inspection has not been carried out if the director is satisfied that the requirements of this Regulation have otherwise been met. O. Reg. 217/01, s. 21.
Modification of a facility
22. (1) The holder of a licence for a facility to handle gasoline and associated products shall not make a modification to the facility until the licence holder applies for and receives written permission from the director to make the modification. O. Reg. 217/01, s. 22 (1). (2) The director shall give the written permission under subsection (1) if, in his or her opinion, the modification complies with the requirements of this Regulation. O. Reg. 217/01, s. 22 (2). (3) An applicant under subsection (1) shall, (a) set out all details of the modification proposed in the application; and (b) if the modification includes any changes to a plan previously provided, provide a new plan. O. Reg. 217/01, s. 22 (3). (4) No person shall operate a facility to handle gasoline and associated products that has been modified without the director’s written permission. O. Reg. 217/01, s. 22 (4). (5) An applicant may operate a facility to handle gasoline and associated products pending receipt of the written permission referred to in subsection (4) if the facility is inspected and accepted by a contractor who declares in writing that the facility complies with the requirements of this Regulation. O. Reg. 217/01, s. 22 (5).
Posting of licence
23. (1) A licence holder shall post the licence or a copy of the licence such that it is readily visible at the retail outlet, marina or bulk plant. O. Reg. 217/01, s. 23 (1). (2) In the case of a licence to transport gasoline or an associated product, the licence holder shall ensure that the licence or a copy of it is with the tank vehicle. O. Reg. 217/01, s. 23 (2).
Licence for modified facility
24. If the holder of a licence for a retail outlet, marina or bulk plant plans to modify the facility, the licence holder shall apply to the director for a licence if the modification will, (a) result in an additional type of service being offered at the facility; (b) convert the type of service offered at the facility to another type of service; or (c) in the case of the holder of a licence for a bulk plant, affect the storage capacity for which the facility is licensed. O. Reg. 217/01, s. 24.
No transfer of licence or registration
25. (1) A licence or registration referred to in this Regulation is not transferable. O. Reg. 217/01, s. 25 (1). (2) Where the licence holder under subsection 4 (1) changes, the new party shall immediately apply for a licence to operate the facility. O. Reg. 217/01, s. 25 (2). (3) Despite subsection (1), a person may operate a previously licensed facility for a period of up to 90 days following the submission of an application for a new licence and pending receipt of that licence. O. Reg. 217/01, s. 25 (3). (4) A licence or registration expires 12 months after it is issued or at such earlier time as is stated on it. O. Reg. 217/01, s. 25 (4). (5) A licence or registration shall state the date of its expiry. O. Reg. 217/01, s. 25 (5).
Renewal
26. (1) An application to renew a licence or registration shall be submitted to the director before the expiry of the licence or registration. O. Reg. 217/01, s. 26 (1). (2) Where the holder of the licence or registration applies for a renewal before its expiry and pays the fee set by the designated administrative authority, the licence or registration remains valid until the renewal is granted. O. Reg. 217/01, s. 26 (2). (3) If the holder of a licence or registration changes his, her or its name or address, the holder shall, within 30 days, apply to the director for a licence or registration indicating the new name or address. O. Reg. 217/01, s. 26 (3). (4) A holder of a licence or registration whose licence or registration is lost or destroyed shall apply to the director for a duplicate within six days of the discovery of the loss or of the destruction. O. Reg. 217/01, s. 26 (4).
Renewal
27. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 217/01, s. 27.