Fuel handling licence (retail fuel outlet)

A buyer of an Ontario gas station needs to plan for this licence before closing, because it cannot be transferred and a change of licence holder triggers a new application.

What O. Reg. 217/01 says

Section 10(1) of the Liquid Fuels regulation says no person shall operate a retail outlet, a marina or a bulk plant unless it is licensed, subject to the matters section 2(2) excludes from the regulation. Section 25(1) says a licence or registration is not transferable. Under section 25(2), where the licence holder changes, the new party shall immediately apply for a licence to operate the facility. Despite section 25(1), section 25(3) lets a person operate a previously licensed facility for up to 90 days after submitting an application and pending receipt of the licence. Under section 25(4), a licence or registration expires 12 months after it is issued or at an earlier time stated on it. TSSA also says the onus to apply for a new licence falls on the new owner.

What to ask

• Which entity holds the licence and which sites it covers.
• Whether the buyer’s application can be filed before closing.
• Whether the equipment approvals and certificates for the site are in order.

This regime is Ontario’s; check the rules in any other province. See the gas station buyer checklist and TSSA licence.