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Bill 88, Protecting Ontarians by Enhancing Gas Station Safety to Prevent Gas and Dash Act, 2023

Anand, Deepak

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Original

Bill 88 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Occupational Health and Safety Act to

add a new

section 53.2 requiring employers at gas stations to require customers

to prepay for gasoline before pumping it from a gasoline pump that has prepayment

technology (technology that can prevent a person from taking gasoline from the

pump before paying for it).

The

new

section applies to gas stations in the Greater Toronto Area (the geographic

area composed of the City of Toronto and the regional municipalities of Durham,

Halton, Peel and York). It also applies in any municipality that passes a

resolution requesting the application of the

section and that is listed in a

regulation made under the Act.

The

new

section also requires the employer at the station to affix a notice to any

pumps with prepayment technology informing customers of the prepayment

requirements under the section, as well as to provide worker safety training to

those of its workers involved in selling gasoline at the station. The owner of

the gas station must ensure that any new or replacement gasoline pumps that are

installed at the station have prepayment technology.

The

application of the new

section in a municipality is phased: there is a six-month

window before any requirements begin to apply, and for the first year after

that, the requirement that employers ensure that customers prepay for gasoline before

pumping it applies only to gasoline sold between the hours of 9 p.m. to 6 a.m.

Bill 88 2023

Act to amend the Occupational Health and Safety Act to provide safety measures

in respect of workers at gas stations

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Occupational Health and Safety Act is amended

by adding the following section:

Gas

stations

25.3

(1) In this

section,

“gasoline”

has the same meaning as in the Gasoline Tax Act ,

but does not include aviation fuel, leaded gasoline or propane; (“essence”)

“gas

station” means a retail outlet at which gasoline is sold and pumped into the

fuel tanks of motor vehicles; (“station-service”)

“prepayment

technology” means, in relation to a gasoline pump, technology that can prevent

a person from taking gasoline from the pump before paying for it. (“technologie

de prépaiement”)

Application

in municipalities

(2) This

section applies with respect to every gas station located in,

(

a) the

geographic area composed of the City of Toronto and the regional municipalities

of Durham, Halton, Peel and York; or

(

b) a

municipality that passes a resolution requesting the application of this

section in the municipality and that is prescribed for the purposes of this clause.

Application

to be phased

(3) The

application of this

section to gas stations in a municipality is subject to the

following qualifications:

1. This

section begins to apply to gas stations in a municipality only on and after the

day that is,

i. in

the case of a municipality included in clause (2) (a), six months after the day

that

section 1 of the Protecting Ontarians by Enhancing

Gas Station Safety to Prevent Gas and Dash Act, 2023 comes into force,

ii. in

the case of a municipality prescribed for the purposes of clause (2) (b), six

months after the day on which the regulation prescribing the municipality comes

into force.

2. During

the first year in which this

section begins to apply to gas stations in a

municipality, subsection (4) applies only with respect to gasoline sold between

the hours of 9 p.m. to 6 a.m.

Requirement

to prepay

(4) An

employer at a gas station shall require a customer to pay for gasoline sold at

the gas station before it is pumped, if it is pumped using a gasoline pump with

prepayment technology.

Notice

on gasoline pumps

(5) An

employer at a gas station shall affix to each gasoline pump with prepayment

technology a notice informing customers of the prepayment requirements of

subsection (4), in such manner as may be prescribed.

Safety

training

(6) An

employer at a gas station that has any gasoline pumps with prepayment

technology shall provide training about worker safety in accordance with the

prescribed requirements to workers involved in the sale of gasoline at the

station.

New

or replacement gasoline pumps

(7) An

owner of a gas station shall ensure that any gasoline pump installed at the

station on or after the day this

section applies with respect to the station

has prepayment technology.

Subsection 70 (2) of the Act is amended by adding the following paragraph:

43.2 for

the purposes of

section 25.3,

i. prescribing

municipalities that have passed a resolution requesting the application of the

section for the purposes of clause 25.3 (2) (b), including removing prescribed

municipalities that subsequently pass a resolution requesting the

non-application of the section,

ii. governing

notices and the affixing of notices under subsection 25.3 (5),

iii. governing

training to be provided under subsection 25.3 (6), including when and how often

it must be provided, and

iv. providing

for any transitional matters that the Lieutenant Governor in Council considers

necessary or advisable in connection with the implementation of

section 25.3, including

requiring an employer at a gas station to post notices informing customers of

the prepayment requirements under subsection 25.3 (5) before the

section begins

to apply with respect to the station, despite subsection 25.3 (3);

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Protecting Ontarians by Enhancing Gas Station Safety to Prevent

Gas and Dash Act, 2023 .

Date Bill stage Event Outcome Committee

April 20, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

April 20, 2023

Second Reading

Vote

Carried

April 20, 2023

Second Reading

Question put

April 20, 2023

Second Reading

Debated

March 29, 2023

First Reading

Ordered for Second Reading

April 20, 2023

Second Reading

Debated

March 29, 2023

First Reading

Vote

Carried

First Reading

March 29, 2023

Carried

Second Reading

April 20, 2023

Carried

Ordered referred to Standing Committee

Standing Committee on Justice Policy