In accordance with the Technical Standards and Safety Act, 2000 and other applicable regulations, codes, and standards, the Technical Standards and Safety Authority's (TSSA) Fuels Safety Program regulates Fuel Oil in Ontario.
TSSA has adopted the Fuel Oil Code (FOC) also known as CSA B139 Series: 19 (CSAGroup.org); and Fuel Oil CAD Amendment (2021, pdf) as well as CSA B138.1 and B138.2 (2017 edition, CSAGroup.org) in relation to portable generators. The Fuel Oil CAD (pdf) is adopted by reference in Ontario Regulation 213/01: Fuel Oil.
O. Reg. 213/01 applies to:
The installation, testing, maintenance, repair, removal, replacement, inspection, and use of appliances, equipment, components, and accessories where fuel oil is to be used as a fuel, but it does not apply to equipment referred to in Ontario Regulation 217/01: Liquid Fuels or Ontario Regulation 210/01: Oil and Gas Pipelines.
The maintenance, modification, and specified upgrading of existing equipment and to all new equipment.
TSSA registers qualified fuel contractors and inspectors in accordance with fuels industry standards in Ontario.
TSSA also provides services related to heating fuels for those in the fuels industry. These services, including variance approvals, equipment field approvals, and consultations, ensure that industry members operate safely and meet legislative and regulatory standards.
By law, all contractors working on fuel oil equipment, such as underground tanks, must be registered with TSSA.
Persons repairing, installing, removing, and servicing fuel oil underground tanks must also be trained and certified. Please see Ontario Regulation 215/01: Fuel Industry Certificates and all associated regulations.
Fuel Oil Distributor
A fuel oil distributor is a person who supplies fuel oil to an end user.
In Ontario, a licence is required to distribute fuel oil through a central oil-distribution system or facility.
TSSA enforces guidelines for fuel oil distributors in Ontario. According to O. Reg. 213/01, a licence to distribute fuel oil is valid for 12 months. An application to renew the licence must be made before it expires. The licence holder must post the licence at the location for which it is issued so that it is readily visible.
For more details on the requirements for distributing fuel oil, refer to O. Reg. 213/01: Fuel Oil.
For more information on fuel oil distributors, read FAQs: Fuel Oil Distributors.
Fuel Oil Distributor Audit Program
To enhance oversight of the risks associated with fuel oil tanks, TSSA introduced a Fuel Oil Distributor Audit Program in 2020. Under this program, distributors must demonstrate their compliance with O. Reg. 213/01 by meeting the following six primary requirements:
1. Initial and Periodic Inspections
2. Underground Tank Registrations
3. Supply to a Compliant Site
4. Employees’ Certification and Compliance
5. Incident Reporting
6. Identification, Action as Required and Reporting of non-compliances (unacceptable conditions)
TSSA’s audit will require distributors to demonstrate compliance through their processes and records.
Regarding the first requirement listed above “Initial and Periodic Inspections”, if there is no process to verify distributor inspections, TSSA will now do a field verification. If TSSA does a field verification and non-compliances are found, orders will be issued to address the specific non-compliances including the following “as a person who supplies fuel to containers and tank systems, you are hereby ordered to develop a program whereby you can demonstrate that you have taken every precaution that is reasonable to ensure the inspections required by 7(1) of Ontario Regulation 213/01 (Fuel Oil) are accurate”.
For more details on the fuel oil distributor audit program, refer to the following advisories:
- Introduction of TSSA’s Fuel Oil Distributor Audit Program (pdf)
- Validation Programs associated with TSSA’s Fuel Oil Distributor Audit Program, Advisory FS-247-19 R2 (pdf)
Storage tanks
Improper fuel storage and handling in aboveground and underground storage tanks can negatively impact the environment. Regulations apply to specific types of storage tanks.
By law, all contractors working on fuel oil equipment, such as underground tanks, must be registered with the TSSA.
Persons repairing, installing, removing, and servicing fuel oil underground tanks must also be trained and certified as a Petroleum Equipment Mechanic 2 (pdf).
Please see Ontario Regulation 215/01: Fuel Industry Certificates and all associated regulations.
Aboveground fuel oil storage tanks
An aboveground tank is one installed at or above grade level within a building or a secondary containment. This definition does not include a tank in direct contact with backfill material.
Ontario regulatory bodies prefer using aboveground fuel oil storage tanks as they are easier to inspect, reducing the risk of spills and increasing the likelihood of leak detection.
Underground fuel oil storage tanks
An underground oil tank is a container that is buried and contains fuel oil to be used in appliances such as furnaces and boilers. Tanks located in basements are not considered underground tanks.
If you wish to make an engineering application, complete Application for Registration of an Underground Fuel Oil Tank Form (pdf) (See also Registration Procedures for Underground Fuel Oil Tanks, pdf).
For more information on aboveground and underground storage tanks, see FAQs: Storage Tanks.