Interpretation
1. (1) In this Regulation, “approved” means, (a) with respect to a standard or a laboratory test report, that it is listed in “Titles of Standards and Laboratory Test Reports Authorized in the Province of Ontario under the Act” published by the designated administrative authority from time to time, (b) with respect to an appliance, equipment, a component or an accessory, that it bears the label or symbol of a designated testing organization or a label or symbol authorized by the director, certifying that it complies with an approved standard or laboratory test report, or (c) with respect to an installation or work, that it complies with this Regulation or, where the installation or work was installed before this Regulation came into force, that it complies with the predecessor to this Regulation as it existed when the installation or work was carried out; “associated product” means any product of petroleum, other than gasoline, wax and asphalt or any other liquid product used as a fuel; “bulk plant” means one or more storage tanks, including their appurtenances, where gasoline or an associated product is received by pipeline, tank vessel, tank car or tank vehicle and is stored in bulk for subsequent transmission by pipeline or transportation or distribution by tank vessel, tank car or tank vehicle; “cardlock/keylock” means an outlet not used by the general public where gasoline or diesel fuel is dispensed unsupervised; “certificate” means a certificate issued under Ontario Regulation 216/01 (Certification of Petroleum Equipment Mechanics); “code adoption document” means the “Liquid Fuels Handling Code” adopted as part of this Regulation under Ontario Regulation 223/01; “contractor” means a person who carries on, in whole or in part, the business of installing, removing, repairing, altering or servicing equipment, and includes a person or an agent of the person who agrees to install, remove, repair, alter or service equipment sold or leased by the person; “equipment” means a device that is used in the handling of gasoline or an associated product; “facility” means a permanent or mobile retail outlet, bulk plant, marina, cardlock/keylock, private outlet or farm where gasoline or an associated product is handled other than in portable containers; “farm” means a private outlet that consists of a tract of land, including all buildings, structures and appurtenances to the land, devoted to the production of crops or the raising of animals, and includes fish hatcheries, ranges and nurseries with growing operations; “flash point” means the lowest temperature, determined by the ASTM D93 test method, at which the vapour of a product of petroleum forms a flammable mixture in air; “gasoline” means a product of petroleum that may include oxygenates and gasoline additives that has a flash point below 37.8 degrees C, that is a liquid at standard temperatures and pressures and that is designed for use in an engine; “handling” means the storing, transmitting, transporting or distribution of gasoline or an associated product, and includes putting them into the fuel tank of a motor vehicle, motor boat or other watercraft or into a container, but does not include putting them into the fuel tank of a motor vehicle or into a container at a self-serve gasoline facility, and “handle” and “handler” have corresponding meanings; “install” includes placing equipment in position for permanent or temporary use, venting it and connecting piping to it, and “installation” has a corresponding meaning; “maintenance” includes, (a) the repair or replacement of equipment with identical equipment, or servicing of equipment, (b) the replacement of equipment with equipment that has similar performance specifications where it is not necessary to change the layout perimeters directly associated with the equipment, or (c) the concrete work required to allow the installation of a pump or dispenser under clause (b); “marina” means any premises at which gasoline or an associated product is dispensed for use as fuel for floating motorized watercraft; “modification” means a reduction, expansion or other layout change or change in the operation of a facility, but does not include maintenance or decommissioning; “operator” means a person who is responsible for all aspects of the day to day operation of a retail outlet, bulk plant, marina or private outlet, whether or not the person is located on the premises during the hours of operation, and when referring to a tank vehicle, means the owner of the tank vehicle; “portable container” means a container that has a capacity of 50 litres or less, that is designed, manufactured and used or to be used for the storage or conveyance of gasoline or an associated product; “private outlet” means any premises, other than a retail outlet, where gasoline or an associated product is put into the fuel tanks of motor vehicles or floating motorized watercraft or into portable containers; “retail outlet” means any premises to which the public is invited, at which gasoline or an associated product is sold and is put into the fuel tanks of motor vehicles, floating motorized watercraft or into portable containers; “tank vehicle” means a vehicle that is designated for transporting gasoline or an associated product; “transport” means to convey gasoline or an associated product, exclusive of the fuel carried for use in the vehicle, other than by pipeline, and “transporting” and “transportation” have corresponding meanings. O. Reg. 217/01, s. 1 (1). (2) The requirements set out in the code adoption document relating to operation and modification apply to the operation and modification of all new installations and of existing installations but the design and construction requirements set out in it do not, unless otherwise specified, apply to existing installations constructed in accordance with the requirements of a predecessor of this Regulation. O. Reg. 217/01, s. 1 (2). (3) In the event of a conflict between a provision of this Regulation, the code adoption document or a code referenced in the code adoption document, this Regulation prevails. O. Reg. 217/01, s. 1 (3).