Changes to the Regulations Under the Planning Act (Ontario) Regarding Propane Operations

Changes have been made to the following regulations under the Planning Act (Ontario): Ontario Regulation 543/06: Official Plans and Plan Amendments; Ontario Regulation 545/06: Zoning By-Laws, Holding By-Laws and Interim Control By-Laws; Ontario Regulation 544/06: Plans of Subdivision; and, Ontario Regulation 200/96: Minor Variance Applications.

The changes are intended to support recommendation 14 of the Propane Safety Review, to require that propane operators be notified of applications for official plan amendments, plans of subdivision, rezoning and minor variances where the propane operation's defined hazard distance extends into the area under consideration for the land use application. Definitions for "hazard distance", propane operator" and "propane operation" have been added to each of the above regulations, and changes to the notification requirements in each of the regulations have been made to reflect this recommendation. A propane operation's "hazard distance" is established as part of the propane operation's risk and safety management plan, required by Ontario Regulation 211/01: Propane Storage and Handling under the Technical Standards and Safety Act, 2000 (Ontario).

It is anticipated that Ontario Municipal Board directions for public notice will now include such propane operators. To assist in this process, a drawing in the form of a map or plan signed off by a professional engineer from each propane operation's risk and safety management plan must be forwarded to the relevant municipality, which shows:

• the propane operation including the location and size of the largest vessel and its setback from the front, rear, and side property lines;
• its associated hazard distance;
• visual indication of hazard distance as a circle (radius = hazard distance) around the largest vessel along with a clear marking of the municipalities falling within the hazard distance;
• the address and contact information (municipal clerk or secretary-treasurers of planning board) for each municipality (including if applicable, both lower- and upper-tier municipalities) identified in the drawing;
• GIS co-ordinates, property line information, and the location and name of any roads within or abutting the site to properly identify the propane operation's location, its hazard distance and the municipalities; and
• a key note to the drawing to indicate the facility's municipal address, municipal lot number(s) and concession lines as applicable, and the date the drawing was prepared.

For more information, consult the following Technical Standards & Safety Authority Advisory Sheet FS - 162-09: Advisory Sheet FS - 162-09