LOBLAW COMPANIES LIMITED - Approval for variance from the Liquid Fuels Handling Code

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

ERO number
019-8579
Ministry reference number
WO 14260622
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Notice stage
Decision
Decision posted
Comment period
April 18, 2024 - May 18, 2024 (30 days) Closed
Last updated

This consultation was open from:
April 18, 2024
to May 18, 2024

Decision summary

The variance is approved.

Location details

Site address

18574 Woodbine Ave
Sharon, ON
L0G 1V0
Canada

Site location details

Private Fuel Outlet

Proponent(s)

LOBLAW COMPANIES LIMITED
400 AVENUE SAINTE-CROIX
ST-LAURENT, QC
H4N 3L4
Canada

Decision details

LOBLAW COMPANIES LIMITED may install a 100,000 L aboveground double wall fuel tank without a dike provided it's not filled above 80,000 L.

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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 21, 2024 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)

LOBLAW COMPANIES LIMITED
400 AVENUE SAINTE-CROIX
ST-LAURENT, QC
H4N 3L4
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
019-8579
Ministry reference number
WO 14260622

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.

Connect with us

Contact

Marek Kulik

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-8579
Ministry reference number
WO 14260622
Notice type
Instrument
Act
Technical Standards & Safety Act, 2000
Posted by
Technical Standards and Safety Authority (TSSA)
Proposal posted

Comment period

April 18, 2024 - May 18, 2024 (30 days)

Proposal details

Why the Code Would Not be Met

  • The tank cannot be diked since it will be located on pad to fuel reefer trucks under a canopy, there are multiple conduit openings, permeable joints for footings, transition sump for underground piping and conduits to connect dispensers under the pad. The reefer truck will be filled on either side of the tank.
  • The tank has been purchased and is ready to be shipped to site.
  • The required concrete work is partially completed. 

 

Safety Assessment

  • The tank will meet the intent of clause 3.3.2.1 of the LFHC 2017 that allows tanks with a maximum capacity 80,000 L and conforming to an approved standard for tanks with secondary containment to be installed without a dike:
  • The tank conforms to an approved standard for tanks with secondary containment (certified to ULC S601, vacuum monitored)
  • The control system in conjunction with the electronic tank inventory system will stop the pump and close the motor operated tank fill valve when the tank is filled to 72,000 Litres under normal operating conditions.
  • The overfill switch independent of tank inventory system will limit the maximum over fill level to 76,000 Litres and will sound audible alarm, close the motor operated tank fill valve and shutdown the tank filling pump. This switch is mounted on top of the tank and is testable.

 

TSSA assesses that there is likely to be no environmental impact should this variance be granted.

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.

Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from April 18, 2024
to May 18, 2024

Connect with us

Contact

Marek Kulik

Phone number
Email address
Office
Technical Standards and Safety Authority
Address

345 Carlingview Drive
Toronto, ON
M9W 6N9
Canada

Office phone number