1978339 ONTARIO INC. DBA SHELL - Approval for variance from the Liquid Fuels Handling Code

Instrument type: Approval for variance from the Liquid Fuels Handling Code

ERO number
019-1532
Ministry reference number
SR 2808352
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
March 20, 2020 - April 19, 2020 (30 days) Closed
Last updated

This consultation was open from:
March 20, 2020
to April 19, 2020

Decision summary

This variance is approved.

Location details

Site address

3101 Victoria Park Ave
Scarborough, ON
M1W 2T3
Canada

Site location details

Gas Station

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

1978339 ONTARIO INC. DBA SHELL
38 MONDEO DR
Scarborough, ON
M1P 5B9
Canada

Decision details

The applicant may install the Icon boots.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

How to Appeal

This instrument decision can be appealed. You have 15 days from April 27, 2020 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)


Proponent(s)

1978339 ONTARIO INC. DBA SHELL
38 MONDEO DR
Scarborough, ON
M1P 5B9
Canada


Appellate body

The Registrar
Divisional Court (Toronto Region)
130 Queen Street West
Osgoode Hall - Room 174
Toronto 
M5H 2N5 
Phone: (416) 327-5100 
Fax: (416) 327-5549


Include the following:

ERO number
019-1532
Ministry reference number
SR 2808352

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-1532
Ministry reference number
SR 2808352
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

March 20, 2020 - April 19, 2020 (30 days)

Proposal details

The retrofit boots have been evaluated by a third-party lab and meet the Underwriters’ Laboratory standard, "UL 2447 Outline of Investigation for Containment Sumps, Fittings and Accessories for Fuels".  The retrofit boots have also shown good cold weather performance. 

 

Clause 1.3.1 of the Liquid Fuels Handling code requires that equipment be approved to a Canadian standard; however, there is no corresponding Underwriters’ Laboratories of Canada standard.

 

These retrofit boots will allow the applicant to make repairs to the dispenser sumps without having to excavate and replace the entire sump.

 

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from March 20, 2020
to April 19, 2020

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