Revocation of Agricultural Exemption
Frequently Asked Questions
Updated June 30, 2021
What does the revocation of the Minister’s Exemption mean for agricultural operations in Ontario?
As of July 1, 2021, all boilers, pressure vessels or piping used for agricultural purposes must comply with:
- Ontario Regulation 220/01: Boilers and Pressure Vessels, under the Technical Standards and Safety Act, 2000. This regulation applies to the design, construction, maintenance, use, operation, repair and service of boilers, pressure vessels and piping in Ontario.
- BPV Code Adoption Document 2021, (Amendment to CSA B51 and CSA B52 to address Ontario requirements)
- Canadian Standards Association (CSA) B51:19 Boiler, Pressure Vessel and Pressure Piping Code, a national code that promotes safe design, construction, installation, operation, inspection, and repair practices.
- Canadian Standards Association (CSA) B52-18 Mechanical Refrigeration Code
Why was the Minister’s Exemption revoked?
The Auditor General of Ontario’s 2018 value-for-money audit of the Technical Standards and Safety Authority (TSSA) recommended that the Ministry of Government and Consumer Services (MGCS) assess agricultural operation exemptions from safety regulations. In response to this recommendation, MPBSD undertook an assessment that included consultations with stakeholders, industry and other relevant groups to gather information. Based on collaboration and discussions with agricultural operators, the Ontario Government made the decision to revoke the exemption for boilers and pressure equipment.
What did the assessment and consultation process involve?
The assessment process involved research and a literature review, a scan of Canadian and U.S. jurisdictions on their laws pertaining to boilers in agriculture, two in-person consultations, and 17 interviews involving 32 individuals. This information was presented in a Findings Report that was circulated to participants in March 2020.
A total of forty participants were involved in the assessment. They included insurance providers, greenhouse growers, cannabis greenhouse representatives, boiler inspectors and technicians, TSSA program staff and representatives from broader sector agricultural organizations.
TSSA, the ministry and the stakeholders worked closely to develop a solution. The Ontario Greenhouse Alliance and the insurance industry view the change as a positive measure to enhance public safety.
Who is affected by the revocation of the exemption?
Owners and operators of agricultural operations that use boilers or pressure equipment, including the following devices*, are affected by the revocation of the exemption and beginning July 1, 2021, must comply with the regulations listed above:
- Steam Boilers
- Water boilers
- Refrigeration equipment using ammonia, carbon dioxide, Group A1 refrigerants, and all other refrigerants
- Pressure vessels
- Pressure piping
*Unless listed in the exclusions below due to the size of the equipment, lower pressure, lower temperatures, and non-hazardous liquid.
Some examples of equipment excluded from the regulation include:
- a boiler having a heating surface of 10 square feet (0.93 square metres) or less;
- a boiler that is used in connection with a hot liquid heating system that has no valves or other obstructions to free circulation between the boiler and an expansion tank that is vented freely to the atmosphere;
- a low pressure boiler that has either a wetted heating surface of 30 square feet (2.79 square metres) or less, or a power rating of 30 kW or less;
- a pressure vessel, fitting or piping that contains a gas, vapour or liquid at a maximum allowable working pressure of 15 psi (103 kPa) or less;
- pressure piping that forms part of the heating system in a building that is,
- heated by steam at a pressure not exceeding 15 psi (103kPa), or
- heated by water at a pressure not exceeding 160 psi (1,100 kPa) and at a temperature that does not exceed 250°F (121°C);
- a pressure vessel, fitting or piping that contains liquids not more hazardous than water and that operates at a temperature of 150°F (65°C) or less and at a maximum allowable working pressure of 250 psi (1,717 kPa) or less;
See O. Reg. 220/01, s. 2 for other exclusions.
Definitions |
AlterationAlterations are any changes to a boiler or pressure vessel that deviate from the original design and require design calculations that could affect pressure-containing capability. Examples include an increase in the maximum allowable working pressure (internal or external) or increasing the design temperature of pressure-retaining equipment.
BoilerA boiler means a fired vessel in which gas or vapour may be generated or a gas, vapour or liquid may be put under pressure by heating (“chaudière”).
Certificate of AuthorizationBusinesses that provide owners/operators services under the regulation such as fabrication, repairs and alterations are required to have a Certificate of Authorization (COA) from TSSA.
Certificate HolderBusinesses that provide owners/operators services under the regulation such as fabrication, repairs, and alterations are required to have a Certificate of Authorization (COA) from ASME or the National Board.
Certificate of InspectionA Certificate of Inspection (COI) is issued after an inspection has been completed and the device has been deemed safe to operate.
Critical Safety FactorsSafety issues that would pose a high risk to people or property.
CRNCRN (Canadian Registration Number) is a number that is issued by TSSA or another province upon completing a design review.
Existing EquipmentBoiler, pressure vessels and piping that have been installed and operating before July 1, 2021.
IncidentAn incident is an event such as an explosion or rupture of a boiler, pressure vessel, fitting or piping, or an accident that causes injury or death to a person or damages property.
Insurance CoverageThere are three types of insurance coverage that apply to the boilers and pressure vessel equipment described in the regulation - Equipment Breakdown, All Risk Property, and Mechanical Breakdown coverage.
Low-pressure boiler(a) a boiler that is intended to generate steam or other vapour at a pressure of 15 psi or less, or (b) a boiler that is intended to be operated at a pressure of 160 psi or less where the water temperature at any boiler outlet is 250°F (121°C) or less.
Periodic InspectionBoilers and pressure vessels are required to be periodically inspected according to the Code Adoption Document. For equipment that is not covered by Equipment Breakdown insurance, TSSA will perform the periodic inspection. For equipment that is covered by Equipment Breakdown coverage, the insurance provider will perform the periodic inspection.
Pressure VesselA pressure vessel means any enclosed, unfired vessel that contains gas, vapour or liquid under pressure (“appareil sous pression”). Examples include a cushion tank, storage tank, heat exchanger and an air receiver.
Priority MatrixTo prioritize first inspections, TSSA will evaluate each site based on three criteria: if they have insurance coverage, the types of regulated devices on-site, and location characteristics.
RepairRepairs include any work that is required to restore a boiler or pressure vessel to a safe operating condition that does not deviate from the original design. If there is a deviation from the design, please refer to the “Alterations to BPVs” section below.
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What do owners/operators of agricultural sites need to do?
The first step for owners/operators is to fill out the online form or download the form here. TSSA will review all submitted forms and prioritize first inspections that will be conducted. TSSA plans to inspect all sites over the next five years, starting in September 2021.
My equipment was operating before the regulatory change. Will it be acceptable to TSSA?
TSSA is aware that many devices have been operating in the agricultural sector before the regulatory change, and we will be working with owners to register the devices. For equipment that was operating before July 1, 2021, TSSA will conduct inspections and evaluate safety based on Critical Safety Factors.
Regulation Exclusions
| What types of boilers are excluded from the regulation? |
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1. A boiler used in connection with a hot liquid heating system that has no valves or other obstructions to free circulation between the boiler and an expansion tank that is vented freely to the atmosphere; 2. A boiler having a heating surface of 10 square feet (0.93 square metres) or less; 3. A low-pressure boiler that has either a wetted heating surface of 30 square feet (2.79 square metres) or less, or a power rating of 30 kW or less
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| What types of pressure vessels are excluded from the regulation? |
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| What types of pressure piping are excluded from the regulation? |
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There are numerous types of piping excluded from the regulation. Please see the flow chart for guidance. Some of the more common exclusions are:
(i) heated by steam at a pressure not exceeding 15 psi, or (ii) heated by water at a pressure not exceeding 160 psi and at a temperature that does not exceed 250°F; 3. Compressed air piping, up to and including ¾ inch nominal pipe size; 4. Refrigeration piping that has a capacity of three tons (11 kW) or less of refrigeration or a capacity of five tons (18 kW) or less of refrigeration in an air-conditioning system.
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| Where can I find a full list of all the equipment excluded from the regulation? |
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See O. Reg. 220/01, s. 2 for a full list of exclusions.
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What are the key requirements under the regulation for newly installed boilers and pressure vessel equipment?
| Design Registration |
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Manufacturers of pressure equipment must register their designs with TSSA. Designs that meet the requirements of the applicable North American code will receive a Canadian Registration Number (CRN) that must be marked on the nameplate of every boiler and pressure vessel by the manufacturer.
How do I make sure the boiler and/or pressure vessel is registered with TSSA? The CRN must be marked on the ASME or TSSA nameplate. An example of a CRN is K4567.5 — the number 5 after the dot indicates that the design has been registered in Ontario. |
| Inspections |
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What is a first inspection? A TSSA BPV inspector conducts a first inspection of all pressure equipment before it can be placed into service. Upon the successful completion of the first inspection, TSSA will issue a Certificate of Inspection (COI).
How can I arrange for TSSA’s first inspection of a boiler and/or pressure vessel? To schedule the first inspection (also known as an installation inspection), send a request to inspectionscheduling@tssa.org or call the toll-free number 1-833-937-8772 from Monday to Friday between 8:00 a.m. and 5 p.m. Visit our BPV Inspections page for more information about this process and for a list of TSSA BPV inspectors, including the territories that they cover.
What happens after the first inspection has been completed? TSSA will issue a Certificate of Inspection (COI) after the first inspection has been completed. No person shall operate a boiler and pressure vessel without a COI, which must be posted beside the pressure equipment. Visit our BPV Certificate of Inspection page for more information on this process.
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| Periodic Inspections |
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Once a boiler or pressure vessel has been issued a Certificate of Inspection (COI), authorizing the device to be placed into service, it will be subject to periodic inspection by a qualified inspector. Owners must request an inspection from their insurer or from TSSA as appropriate before the expiry date on their COI. When the equipment is insured with a boiler and machinery insurance policy, the insurance company is responsible for inspecting the device. When the equipment is not insured, TSSA will conduct the inspection. The frequency of inspection depends on the type of equipment.
How can I arrange for a periodic inspection of equipment that are not insured? To schedule a periodic inspection with TSSA, send a request to inspectionscheduling@tssa.org or call the toll-free number 1-833-937-8772 from Monday to Friday between 8:00 a.m. to 5 p.m.
Are there any other exemptions for periodic inspections? Yes. Clause 5.1 of the BPV Code Adoption Document- 2021 lists the exemptions from periodic inspections.
Where can I find the required frequency for periodic inspections? Clause 5.2 of the BPV Code Adoption Document- 2021 explains the frequency of periodic inspections.
What should I do when a periodic inspection has been completed? You need to sign into TSSA BPV Portal, validate the information and pay the fee to receive the Certificate of Inspection from TSSA. We encourage first-time users of the portal to access the Owner/Operator Portal Training video. Visit our BPV Inspections page for more information about this process and the list of TSSA BPV inspectors.
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What are the key requirements under the regulation for new piping systems?
| Design Registration |
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What is required to install new piping systems that fall under the regulation after July 1, 2021? No person shall install piping that falls under O.Reg 220/01 unless its design is registered with TSSA. Either the owner or a certified contractor can apply for the design registration. Please check the following links for instructions on piping registration:
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| Installation/Fabrication of Piping |
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Manufacturers, fabricators, contractors, assemblers, or repair organizations of pressure piping must have a valid Certificate of Authorization issued by TSSA or another Canadian jurisdiction.
Where can I find a certified contractor for piping installation? Visit TSSA's business directory to find a list of contractors who hold a Certificate of Authorization. The contractor’s scope of work is also provided in the listing.
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| Inspections |
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A TSSA BPV inspector conducts an installation inspection of all pressure piping before it can be placed into service. Upon successful completion, the inspector will sign the Piping Data Report.
How can I arrange for a TSSA piping inspection? To schedule a piping inspection, send a request to inspectionscheduling@tssa.org or call the toll-free number 1-833-937-8772 to speak with an Inspection Scheduling Agents from Monday to Friday between 8:00 a.m. and 5:00 p.m. Visit our BPV Inspections page for more information.
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What are the key requirements under the regulation for existing equipment?
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What if I need to make repairs to a boiler or pressure vessel? |
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Repairs include any work that is required to restore a boiler or pressure vessel to a safe operating condition that does not deviate from the original design. If there is a deviation from the design, please refer to the “Alterations to BPVs” section below. Companies performing repairs are required to have a Certificate of Authorization from TSSA or another Canadian jurisdiction. These companies are listed in TSSA’s business directory. Companies with a National Board Certificate of Authorization (“R” stamp) are also acceptable, provided all National Board requirements are included.
Repair inspection of BPVs with Mechanical Breakdown insurance. If your BPVs are covered by Mechanical Breakdown insurance, contact your insurer to perform the repair inspection.
Repair inspection of BPVs without Mechanical Breakdown insurance Before starting any repair work, contact your local TSSA BPV inspector to ensure that all technical and regulatory requirements are met. View our BPV Inspector list to find an inspector in your area.
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What if I need to make alterations to a boiler or pressure vessel? |
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Alterations are any changes to a boiler or pressure vessel that deviate from the original design and require design calculations that could affect pressure-containing capability. Examples include an increase in the maximum allowable working pressure (internal or external) or increasing the design temperature of pressure-retaining equipment. All alterations require design registration with the TSSA before starting the work. For more details, read Guidelines for Design Approval of Used and/or Altered BPVs. Review the application forms and instructions for applying to register a design electronically. Companies performing alterations are required to have a Certificate of Authorization from TSSA or another Canadian jurisdiction. Companies with a National Board Certificate of Authorization (“R” stamp) are also acceptable, if “alteration” is within their scope of work. Before starting any alteration work, contact your local TSSA BPV inspector to determine inspection requirements. View our BPV Inspector list to locate an inspector in your area. All alteration inspections must be done by TSSA.
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What if I need to repair a piping system that is covered under the regulation? |
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Before repairing or fabricating any piping, contact your local TSSA BPV inspector to determine inspection requirements. View our BPV Inspector list to locate an inspector in your area. Companies repairing piping are required to have a Certificate of Authorization from TSSA or another Canadian jurisdiction.
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What if I need to perform an alteration on a piping system that falls under the regulation? |
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New piping or additions to existing piping systems require design registration and inspection. Please see the design guidelines for details and review the application forms and the instructions for submitting an application electronically. Companies installing piping are required to have a Certificate of Authorization from TSSA or another Canadian jurisdiction. Before fabricating any piping, contact your local TSSA BPV inspector to ensure that all technical and regulatory requirements are met. View our BPV Inspector list to locate an inspector in your area. |
| Will TSSA inspect piping systems installed before July 1, 2021? |
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Piping systems are not required to undergo periodic inspections. TSSA does not schedule inspections of piping systems once initial inspections have been completed. During the installation or periodic inspection of boilers and pressure vessels, an inspector may find unsafe conditions of a piping system and may request the owner to bring the piping system into safe operating condition. TSSA inspectors will use the piping checklist as a guide on some of the piping issues that may need to be rectified by owners (please note that the list is not all-inclusive). |
General Questions
What fees are involved?
TSSA is a not-for-profit organization. Fees are levied using a cost-recovery model for registration, inspection, engineering and licensing services. Owners of pressure equipment will be required to pay applicable fees to TSSA as outlined in the BPV fee schedule.
What if I don’t agree with the fees that I am being charged?
In accordance with the Technical Standards and Safety Act, any person affected by an inspector’s order, seal or who has a dispute regarding fees can submit an appeal. As of March 2017, appeals of all inspector seals, orders and/or fees must now be filed within 90 days of receiving a notice from TSSA. To register an informal appeal, please contact us toll-free at 1-877-682-8772. To register a formal appeal, please see the Appeals section on TSSA’s website and complete the applicable forms.
What should I do if there is an accident involving regulated equipment?
Every owner is responsible for maintaining and operating their pressure equipment safely. Should an accident that causes injury, death or property damage occur, the owner must report it to TSSA immediately at Report an Incident - TSSA.
What if I don’t agree with the inspector’s decision?
If an inspector has issued an order that may come into question, contractors are advised to follow the inspection order resolution protocol to have their concerns reviewed.
What about equipment that was installed before July 1, 2021?
TSSA's plan, which will be phased in over five years, is to report all existing pressure equipment used for agricultural purposes that fall under the regulation as of July 1, 2021.
Tell me more about this plan.
TSSA will ask owners/operators to complete a short online form to provide basic information about their operation, including address of the site(s), site contact information, the number of boilers, refrigeration systems, pressure vessels and/or piping systems on-site, whether the site has boiler/machinery breakdown insurance and proximity to surrounding businesses. TSSA will review the forms and prioritize first inspections that will be conducted over the next five years.
What will TSSA do with this information?
TSSA will use the information collected to do a risk assessment that will be used to establish a priority list for scheduling first inspections. Higher-risk sites will be prioritized for first inspections.
What is a site assessment?
A TSSA Inspector will visit a site and perform a first inspection on all devices that fall under the regulation.
What is involved in a site assessment?
A TSSA BPV Inspector will come to your site to look at your pressure equipment. If your devices are found to be exempt from the regulation, there will be no fee associated with the visit. Here are some checklists to provide agricultural owners and operators with some guidance on what inspectors are looking for when assessing agricultural BPV equipment.
When will my site be scheduled for a first inspection?
TSSA will contact you in advance to schedule a first inspection using the contact information you provided, with priority given to higher-risk sites. First inspections will begin in September 2021 and will be conducted over five years.
What is a Variance and when should it be used?
A variance refers to boilers or pressure vessels that do not meet code requirements. Variances may be allowed for items that are not in full compliance with the Ontario’s Technical Standards and Safety Act, Boilers and Pressure Vessels and Operating Engineers Regulations, Director’s Order and Code Adoption Document. A variance may be granted if the Director or Chief Officer is satisfied (as permitted in Section 36(3)(c) of the Technical Standards and Safety Act) that the variance would not detrimentally affect the safe use of the device.
Will orders be issued if an inspection identifies safety risks?
A high-risk order will only be issued if an inspection identifies a condition that puts the property and individuals at risk. TSSA will follow up with high-risk order in a predefined number of days. For medium- and low-risk orders, owners will have the option to self-declare that they have complied with the items raised during the inspection. TSSA will work with owners and operators of agricultural BPVs to comply with the new rules.
How will TSSA respond to non-compliant owners and operators?
Owners and operators of regulated agricultural BPV equipment are required to report their devices and comply with the technical and regulatory requirements as the lifting of agricultural exemption took effect on July 1, 2021. TSSA has provided a variety of resources and contact information to keep the agricultural community informed and help them understand their compliance obligations. TSSA’s existing enforcement process as a regulator will be the last resort to bring owners and operators of agricultural BPV devices that have yet to meet regulatory requirements into compliance.
What education support is available to keep smaller producers informed of their new compliance obligations?
In addition to providing a variety of resources and contact information to keep the agricultural community informed and help them understand their compliance obligations, TSSA has also provided educational resources in three modules to owners and operators of new and existing agricultural BPV equipment.
Who do I contact to learn more?
TSSA is committed to working collaboratively as a safety partner with owners and operators of agricultural operations to help them better understand the safety regulations for boilers and pressure vessels. For more information, send an email to agriculture.bpv@tssa.org.
Here are some checklists (insert link) to provide agricultural owners and operators with some guidance on what inspectors are looking for when assessing agricultural BPV equipment.
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